Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 15 D · 4 R cosponsors

SB 63 — AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO FARMS.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced March 09, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    24 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 D · 4 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This bill updates the criteria for agriculture, horticulture, or forestry land use.

Bill Text

What changed in the latest version

25 added · 24 removed

25 line(s) added, 24 removed.

→
Previous
Latest
Rep.
Sen.
Phillips HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Lawson & Rep.
1 TO SENATE BILL NO.
Dorsey Walker Sens.
63 AMEND Senate Bill No.
Brown, Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Mantzavinos, S.
63 by adding after line 13 the following:
McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson;
“§ 8334.
Reps.
Eligibility for valuation under §§ 8330-8337 of this title [For application of section, see 83 Del.
Bush, Carson DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
63 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO FARMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 8333, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8333.
Criteria for agricultural, horticultural, or forestry land use [For application of section, see 83 Del.
384, § 3].
384, §?3].
Land is actively devoted to agricultural, horticultural or forest use and eligible for valuation, assessment, and taxation as provided in this section when it meets all of the following qualifications:
(a) Land is actively devoted to agricultural, horticultural, or forestry use when all at least one of the following criteria are is met:
(1) The land use meets the criteria under § 8333 of this title.
(1) The use results in $1,000 or more of agricultural, horticultural, or forestry products being produced and sold during the applicable year.
(2) [Repealed.] (3) The owner of the land submits an application for valuation under this section and the application meets all of the following:
For the purposes of this section, “applicable year” means the calendar year immediately before the February 1 that an application is due under § 8334(3) of this title.
a.
(2) The owner of the land filed a Schedule F (Profit or Loss from Farming) form with the United States Department of Treasury, Internal Revenue Service, for the applicable year.
Is submitted on or before February 1 of the year immediately preceding the tax year to the assessor of the taxing district in which the land is situated.
(b) In applying the criteria under this section, all contiguous parcels of land held by identical owners in identical proportions of ownership and in identical legal form of title, are considered as a single unit.
If February 1 falls on a weekend day or legal holiday, then the application must be submitted on the next official business day.
SYNOPSIS This bill updates the criteria for agriculture, horticulture, or forestry land use.
b.
Author:
Is submitted on the form prescribed by the State Farmland Evaluation Advisory Committee.
Senator Lawson SR :
c.
AD :
Includes evidence in writing of the required production and sales.
DK Page 1 of 1 Released:
that the land is used for agricultural use under § 8330 of this title, horticultural use under § 8331 of this title, or forest use under § 8332 of this title.”.
03/09/2023 01:33 PM 5601520008
SYNOPSIS This amendment makes clear that the criteria for valuation under Sections 8330-8337 of Title 9 includes the requirement of evidence in writing that the land is used for agricultural, horticultural, or forest use as defined in the Sections 8330-8332 of Title 9.
HD :
NSW :
MAW Page 1 of 1 Released:
03/30/2023 05:48 PM 2141520089
View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Passed By House. Votes: 37 YES 2 NOT VOTING 2 ABSENT

  4. Amendment HA 1 to SB 63 - Passed In House by Voice Vote

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

  6. Assigned to Agriculture Committee in House

  7. Passed By Senate. Votes: 20 YES 1 ABSENT

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

  9. Assigned to Agriculture Committee in Senate

  10. Lifted From Table in Senate

  11. Introduced and Laid on Table in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

24 sponsors · 0 co-sponsors · 38 not signed on

Co-sponsors (0)

None.

Not signed on (38)

38 members have not signed on to this bill.

Show all 38 →

"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 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 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 19001
Republican 12001
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Not Voting
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 Not Voting
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
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

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Republican 5001
Unaffiliated 2000
Total 20001
% of votes cast 95%0%0%5%
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 Not Voting
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 63 do?
This bill updates the criteria for agriculture, horticulture, or forestry land use.
Who sponsors SB 63?
SB 63 is sponsored by William J. Carson (Democratic), William Bush (Democratic), David L. Wilson (Republican), John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Bryant L. Richardson (Republican), Nicole Poore (Democratic), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), Trey Paradee (Democratic), Spiros Mantzavinos (Democratic), S. Elizabeth Lockman (Democratic), Russell Huxtable (Democratic), Kendra Johnson (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Dave G. Lawson (Republican), Stell Parker Selby, Sherry Dorsey Walker, Sean Matthews, Peter C. Schwartzkopf, and Sarah McBride.
What is the current status of SB 63?
This bill has been enacted into law. Introduced March 09, 2023. Enacted.
Where can I track SB 63?
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