10 minute read
Jessica Clowser Burkham
Jessica Clowser Burkham grew up on a registered Angus cow/calf operation in Nebraska. She spent six years in Washington, D.C., working as a legislative assistant for U.S. Sen. Deb Fischer of Nebraska, where she advised on legislative issues for the Senate Agriculture, Nutrition and Forestry Committee and the Senate Environment and Public Works Committee. She also managed the senator’s legislative priorities in agriculture, energy and environment, water infrastructure, biofuels and trade policies and worked to negotiate and advance priorities for the 2014 and 2018 Farm Bills.
By Jessica Clowser Burkham Director of Policy Development and Legislative Research for Arkansas Farm Bureau
The 93rd General Assembly gaveled in on Jan. 11 and gaveled out for an extended recess on April 28. While this is not the technical conclusion of the 2021 legislative session, it did signal the end of the regular session. In total, the General Assembly met for 108 days and 1,675 bills were filed, including 42 proposed constitutional amendments. It is expected legislators will convene later this fall to address congressional redistricting.
COVID-19 regulations proved challenging to work through during the beginning of the session, which saw empty hallways and masks worn by everyone in the Capitol complex. Nonetheless, at least one Arkansas Farm Bureau (ArFB) lobbyist was present every day to ensure the priorities of our members were front of mind for many legislators. These efforts resulted in multiple legislative wins for ArFB and our members.
2021 ArFB Legislative Priorities State Meat Inspection Program
Championed by Rep. DeAnn Vaught (Horatio) & Sen. Ricky Hill (Cabot), HB1315 establishes a State Meat Inspection Program under the authority of the Arkansas Department of Agriculture (ADA). Further, it includes a provision requiring the Arkansas Secretary of Agriculture to consult with the industry (including producers and those involved in the meat and meat food products industry) when developing the rules and parameters for the State Meat Inspection Program.
Two ArFB members, Michael Lee (Faulkner County) and Dustin Cowell (Newton County), testified before legislative committees in support of the bill. On March 23, HB1315 was signed by the Governor as Act 418.
ArFB, and the industry coalition, requested $750,000 for the Program. Ultimately, only $250,000 was provided by the Revenue Stabilization Act. Secretary of Agriculture Wes Ward has communicated that he and his team are confident the ADA has the necessary funds available within its budget for the initial program start-up. ArFB will continue to work to ensure the program is a success and the necessary funding levels are realized.
Levees and Drainage Boards
Rep. Mary Bentley (Perryville) and Sen. Gary Stubblefield (Branch) introduced four bills to improve the levee and drainage board structure across the state. These bills focus on improving the integrity of the overall system and provide incentives to the boards to operate in a more efficient and effective manner. • HB1248 (Act 265) – Authorizes a single county to consolidate two or more levee districts into one district. Waives notice requirements that apply to newly formed levee districts. • HB1249 (Act 266) – Creates a process for the dissolution or abolition of a levee district by petition. • HB1250 (Act 267) – Increases the maximum rate of tax for a levee and/or drainage improvement district, from 25 cents per acre to $2.50 per acre on rural lands. • HB1251 (Act 359) – Makes various changes to the annual reports that improvement districts file with county clerks for the preceding fiscal year.
Broadband
Access to reliable and affordable broadband internet service remains critically important for rural Arkansans and their communities. As witnessed during the Covid-19 outbreak, students, parents, teachers, healthcare workers, etc., all became increasingly more reliant on faster, more dependable internet access. • SB74 (Act 67) – Filed by Sen. Ricky Hill (Cabot) and Rep. Brian Evans (Cabot) – Allows counties and municipalities to use broadband infrastructure as collateral for the purpose of acquiring bonds to enter into partnerships with the telecommunications companies to deploy broadband. • HB1788 (Act 795) – Filed by Rep. Larry Fite (Benton) and Sen. Kim Hammer (Benton) – Establishes broadband improvement districts by authorizing existing improvement districts to enter into partnership with a private entity to provide, promote and support broadband internet service and finance public capital facilities.
State Plant Board
Originally filed by Rep. David Hillman (Almyra) on Jan. 19, HB1210 requires entities that currently appoint representative members to the State Plant Board to instead submit a list of two names to the governor, who will appoint one of those persons to the board. On March 2, HB1210 was amended to: • Add Sen. Ron Caldwell (Wynne) as the lead Senate sponsor. • Increase the voting members of the State Plant Board from 16 to 17. • Requires members of the board to be appointed by the governor and confirmed by the Senate.
On March 25, HB1210, as amended, was signed by the Governor as Act 361. This Act is extremely timely, because, on May 6, the Arkansas Supreme Court found that the previous statute authorizing the appointment of members of the plant board by private entities is an unlawful delegation of legislative authority and is unconstitutional. Act 361 directly addresses this issue by having all members appointed by the Governor and confirmed by the Senate. This ensures the purpose of the State Plant Board is upheld and the constitutionality concerns are addressed.
Additional Priorities
• HB1230 (Act 92) Rep. Marcus Richmond and Sen. Blake Johnson – Updates the Arkansas Lemon Law to meet the Federal weight definition of up to 14,000 lbs. for Class 3 vehicles, to include heavy pickups. • HB1389 (Act 399) Rep. Ken Bragg and Sen. Ben Gilmore – Creates the Arkansas Foresters for the Future Scholarship Program; establishes eligibility requirements for participation; places the program under the administration of the Department of Agriculture, Forestry Division. • SB213 (Act 162) Joint Budget – The appropriations bill for the University of Arkansas at Monticello and includes a provision that provides $814,915 for the Center for Forest Business. • HB1729 (Act 521) Rep. Mary Bentley and Sen. Gary Stubblefield – Provides the Arkansas Milk Stabilization Board jurisdiction over the base milk price paid to a producer and mandates that milk producers in the state receive Class 1 prices for milk utilized and sold; empowers the board to revise Class 1 prices. • HB1773 (Act 563) Rep. David Hillman – Adjusts the time period during which agricultural water resource conservation projects must be completed from three years to five years.
• HB1196 (Act 970) Rep. Craig Christiansen –
Creates a sales tax emption for poultry farmers using municipal water. • HB1912 (Act 1013) Rep. John Payton and Sen.
Jason Rupert – Reduces the sales tax on used vehicles and trailers priced between $4,000 and $10,000 from 6.5% to 3.5%. • HB1361 (Act 248) Rep. Les Eaves and Sen.
Jonathan Dismang – Excludes income a taxpayer received through SBA programs (PPP and EIDL) and CFAP from the definition of gross income for tax purposes. Act 248 is retroactive for tax years beginning on, and after, Jan. 1, 2019.
Other Acts of Interest
• HB1142 (Act 131) Rep. DeAnn Vaught and Sen. Greg Leding – Recognizes artificial insemination of livestock and animals as a routine animal husbandry practice. • HB1261 (Act 285) Rep. Jack Ladyman and Sen. Lance Eads – Authorizes the Division of Environmental Quality, subject to the approval of the governor, to administer its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act. • SB447 (Act 582) Sen. Ron Caldwell – Appropriates funds to the University of Arkansas for Division of Agriculture for capital improvements for fiscal year 2021-2022. • SB221 (Act 768) Joint Budget – Appropriates funds to the University of Arkansas – Division of Agriculture for 2021-2022 operations. • SB173 (Act 140) Sen. Terry Rice and Rep.
John Maddox – Adds food processing and manufacturing facilities to the definition of
“critical infrastructure” for the purposes of excluding unlawful use of an unmanned aircraft or drone from certain installations. • HB1801 (Act 925) Rep. Reginald Murdock –
Prohibits changing the designated or named beneficiary of a life insurance policy or annuity contract in a will. Provides that a beneficiary change can be made generally, according to the terms of the life insurance policy or annuity contract. • SB312 (Act 1046) Sen. Blake Johnson and
Rep. Robin Lundstrum – Mirrors federal guidelines and requires any foreign party that has acquired an interest in, or purchased, agricultural land in Arkansas, to file a report with the Secretary of Agriculture.
Certainly, the 2021 Legislative Session was unique. However, as the mission of Arkansas Farm Bureau states, we are to advocate the interests of agriculture in the public arena. Even under challenging circumstances, the priorities of our ArFB members advanced across both chambers and the governor’s desk. It starts with our members and our grassroots organization. *
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An official publication of Arkansas Farm Bureau Federation distributed to more than 43,000 farming and ranching households in Arkansas.
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A Meaty Issue: The Need for State Inspection Plus: Mass Timber Tappe Talks RetirementShifting Seasons Tips on Preparing for Spring For Advertising Rates contact
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