Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 7 D · 2 R cosponsors

HB 87 — AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO A DELAWARE AGRICULTURAL PRODUCTION INSURANCE ASSISTANCE PROGRAM.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 17, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    14 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.

Bill Text

What changed in the latest version

96 added · 17 removed

96 line(s) added, 17 removed.

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Latest
Carson HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Carson & Sen.
1 TO HOUSE BILL NO.
Huxtable Reps.
87 AMEND House Bill No.
Briggs King, Bush, Dorsey Walker, Harris, Hilovsky, S.
87 on lines 32 and 33 by deleting “multi-peril crop insurance and whole farm revenue protection insurance” and inserting in lieu thereof the following:
Moore;
“policies and plans of insurance administered by the Federal Crop Insurance Corporation”.
Sens.
FURTHER AMEND House Bill No.
Hocker, Hoffner, Lawson, Paradee, Pettyjohn, Wilson HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
87 by inserting after line 40 and before line 41 the following:
87 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO A DELAWARE AGRICULTURAL PRODUCTION INSURANCE ASSISTANCE PROGRAM.
“(6) Qualifying policy” means a policy, or plan of insurance administered by the Federal Crop Insurance Corporation, including crop yield and revenue insurance.” FURTHER AMEND House Bill No.
WHEREAS, the United States Department of Agriculture’s Risk Management Agency (“RMA”) manages the Federal Crop Insurance Corporation (“FCIC”) to provide crop yield and revenue insurance products to America’s farmers and ranchers and Approved Insurance Providers (“AIP”) sell and service federal crop yield and revenue insurance policies in Delaware through a public-private partnership with RMA;
87 on line 56 by deleting “a multi-peril crop insurance policy, or whole farm revenue protection policy,” and inserting in lieu thereof the following:
and WHEREAS, the insurance premium options for relevant levels of crop and revenue insurance can be a deterrent to a producer obtaining adequate coverage;
“a qualifying policy”.
and WHEREAS, in prior legislative sessions the General Assembly approved funding for a multi-peril crop insurance assistance program, but the program was not sufficiently funded to sustain the program;
SYNOPSIS This Amendment adds a definition for “qualifying policy” and replaces the phrase “multi-peril crop insurance and whole farm revenue protection” with “qualifying policy” in order to broaden the available types of policies administered by the Federal Crop Insurance Corporation, and purchased by eligible Delaware producers, that will be eligible for the policy premium subsidy under this Program.
and WHEREAS, to ensure agricultural production in Delaware, for the long-term, it is necessary to compliment the highly successful Agricultural Land Preservation Program by adopting and implementing an effective agricultural production insurance assistance program.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline and by creating a new chapter as follows:
Chapter 8.
Delaware Agricultural Production Insurance Assistance Program.
§ 801.
Title.
This chapter shall be known as the “Delaware Agricultural Production Insurance Assistance Program”.
§ 802.
Purpose.
It is the declared purpose of this Program to support, encourage, and promote agriculture production in Delaware as a valued and viable occupation.
Promoting and supporting the State’s agricultural producers is essential to maintaining agriculture as a viable industry and important contributor to Delaware’s economy.
To ensure long-term agricultural production in Delaware it is necessary to adopt and implement an effective permanent program for yield and revenue HD :
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DS Page 1 of 3 Released:
03/17/2023 10:01 AM insurance assistance for Delaware agricultural producers.
It is further recognized that a need exists to create sufficient economic incentives to encourage agricultural production given its vulnerability to weather, environmental and economic conditions that can result in low crop yields, and insufficient revenue, making farming unprofitable and unsustainable.
It is the purpose and intent of the General Assembly to provide for the creation of a permanent yield and revenue insurance assistance program to serve the long-term needs of producers in Delaware.
§ 803.
Definitions.
As used in this chapter:
(1) “Approved Insurance Providers” means those insurance providers approved by the United States Department of Agriculture’s Risk Management Agency to sell multi-peril crop insurance and whole farm revenue protection insurance to Delaware’s eligible producers.
(2) “Department” means the Department of Agriculture.
(3) “Eligible producer” means a producer of agricultural commodities, in this State, who qualifies for coverage under the Federal Crop Insurance Act, and is qualified with the Department, in accordance with this chapter.
(4) “Federal Crop Insurance Corporation” means the entity established in 7 U.S.C.
§1508 (c) (8) of the Federal Crop Insurance Act, which administers the multi-peril crop insurance and whole farm revenue protection programs for agricultural producers.
(5) “Program” means the Delaware Agricultural Production Insurance Assistance Program.
§ 804.
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Program Administration.
(a) This Program is to be administered by the Department and is contingent on the ongoing existence of the Federal Crop Insurance Corporation or a comparable federally funded program.
(b) The Department is authorized to enter into agreements with the United States Department of Agriculture’s Risk Management Agency, the Federal Crop Insurance Corporation, and the Approved Insurance Providers Federal Crop Insurance Corporation, for purposes of implementing this Program.
(c) Disbursements by the Department, under this Program, shall be made directly to the Federal Crop Insurance Corporation subject to established bilateral or multi-lateral agreements.
(d) The Department, in conjunction with the Federal Crop Insurance Corporation, must promote this Program, including providing information on the Department’s website, so as to educate and inform all eligible producers, in the State, of the availability and details of this Program.
(e) The Department must keep all records, related to the Program, including all records and information received from the Federal Crop Insurance Corporation HD :
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03/17/2023 10:01 AM § 805.
Premium Subsidy and Eligibility Requirements.
(a) Any eligible producer who has already purchased or who shall purchase, prior to the appropriate sales closing date, a multi-peril crop insurance policy, or whole farm revenue protection policy, in excess of the catastrophic risk protection level of coverage, shall be eligible to receive a State subsidy of up to 30% of the eligible producers’ premium cost, up to a maximum of $10.00 per acre, under this Program.
(b) The subsidy under this Program is only for covered commodities during the policy coverage period.
(c) In order to participate in this Program, the eligible producer must comply with all the requirements of this Program, as established by the Department.
§ 806.
Funding.
Funding appropriated through the annual Appropriations Act may be used for the implementation and administration of this Program.
Any annual unexpended funds appropriated for this Program will remain with the Program and will not revert to the General Fund of the State of Delaware.
§ 807.
Annual Reporting.
(a) By the end of each year, the Department must provide a report to the Chairs of the House and Senate Agriculture Committees of the General Assembly which must include the following:
(1) The number of participating farmers.
(2) A list of all approved participating insurance providers.
(3) The total amount of acreage in the State, broken down by County, that is insured under the Program.
(4) The total amount of net book premium charged to the eligible farmers participating in the Program.
(5) The total paid out by the Department, over the last year, in premium subsidies and incurred Program administrative expenses.
§ 808.
Rules and Regulations.
The Department may adopt and promulgate such rules and regulations as will be necessary for the implementation of this Program.
Section 2.
This Act shall be effective upon appropriation by the General Assembly.
SYNOPSIS This Act establishes the Delaware Agricultural Production Assistance Program.
The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre.
The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers.
The Department would administer the Program.
The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.
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03/17/2023 10:01 AM 2141520042
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Passed By Senate. Votes: 21 YES

  4. Amendment SA 2 to HB 87 - Passed By Senate. Votes: 21 YES

  5. Amendment SA 2 to HB 87 - Introduced and Placed With Bill

  6. Amendment SA 1 to HB 87 - Stricken in Senate

  7. Amendment SA 1 to HB 87 - Introduced and Placed With Bill

  8. Reported Out of Committee (Finance) in Senate with 3 Favorable, 2 On Its Merits

  9. Assigned to Finance Committee in Senate

  10. Reported Out of Committee (Agriculture) in Senate with 6 Favorable, 1 On Its Merits

  11. Assigned to Agriculture Committee in Senate

  12. Passed By House. Votes: 40 YES 1 ABSENT

  13. Amendment HA 1 to HB 87 - Passed In House by Voice Vote

  14. Reported Out of Committee (Appropriations) in House with 5 On Its Merits

  15. Amendment HA 1 to HB 87 - Introduced and Placed With Bill

  16. Assigned to Appropriations Committee in House

  17. Reported Out of Committee (Agriculture) in House with 6 Favorable, 6 On Its Merits

  18. Introduced and Assigned to Agriculture Committee in House

Sponsors

Sponsorship breakdown

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14 sponsors · 0 co-sponsors · 48 not signed on

Co-sponsors (0)

None.

Not signed on (48)

48 members have not signed on to this bill.

Show all 48 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 20000
Republican 14000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 19001
Republican 14000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Not Voting
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 87 do?
This Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.
Who sponsors HB 87?
HB 87 is sponsored by Stell Parker Selby, David L. Wilson (Republican), Brian Pettyjohn (Republican), Trey Paradee (Democratic), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Kerri Evelyn Harris (Democratic), William Bush (Democratic), Russell Huxtable (Democratic), William J. Carson (Democratic), Ruth Briggs King, Sherry Dorsey Walker, Peter C. Schwartzkopf, and Valerie Longhurst.
What is the current status of HB 87?
This bill has been enacted into law. Introduced March 17, 2023. Enacted.
Where can I track HB 87?
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