DE Right-to-Farm bill

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The Significance of June 30

June 30. It seems like an insignificant date year after year. For many, it simply means……

  • half of 2014 is already over!
  • summer is officially here!
  • Little League All-Stars are under way!
  • State 4-H camp is over until next year!
  • the DE State Fair is less than 20 days away!
  • the 4th of July holiday is just around the corner!

But in DE state government, it is significant. It’s the end of our state’s legislative session (no exclamation point). This means late nights for many state employees and legislators as they try to wrap another year’s budget and policy making. This will mark the end of the 147th General Assembly. It ran from January 2013 to present. Any bills left in limbo are forever gone. All legislation must be introduced as new in the next session, which will begin in January 2015.

This year’s session was plagued by low revenues, a proposed gas and water tax, e-cigarette laws, and another potential casino bailout. There wasn’t much room for anything else; therefore agriculture took a normal backseat. Here’s a roundup of ag-related legislation from this past session (click on the link for more info):

  • HB 385 w/ HA 1– Industrial Hemp
    • This is Rep. Dave Wilson’s bill to allow DDA and/or any higher education institution in DE to create and operate the pilot programs to study the growth, cultivation and marketing of industrial hemp. According to NCSL, 15 other states currently have laws allowing for hemp production. So far it has only passed the House. Time may run out.
  • SB 245 w/ SA 1 – Dangerous Dogs & Animal Fighting
    • I don’t really consider this an agricultural bill but it comes through on my RSS feed. It pertains to the treatment of animals when seized for criminal activity, etc. It passed the Senate and just came out of the House Health & Human Development Committee.
  • SB 201 w/ SA 1 – Humane Killing, Authority of DDA
    • This is an interesting bill but needed, in my opinion. It clarifies the duties of the newly established Office of Animal Welfare within Public Health to oversee “companion animal” programs as well as shelter standards, previously managed by DDA. It also updates DDA’s role to focus on poultry and livestock species. It passed both chambers and is awaiting the Governor’s signature.
  • HB 122 w/ HA 1, HA 2, & SA 2 – Amending Registration of Farm Vehicles
    • This bill requires farmers to register their farm vehicle with DMV and display an official “FV” tag, which replaces the former white, plastic Farm Vehicle Use tag. This stemmed from rampant illegal abuse of the white plastic tag. The new tag is only available through DMV. The cost is $10 with a signed affidavit, confirming that they meet requirements for being a farmer. For more specifics see this blog post from the DE Farm Bureau. I need to print this for Farmer Dan and my Grandfather. They love going to DMV (no exclamation point).
  • HB 150 w/HA 1, HA 2 – Raw Milk Bill
    • Sponsored by Rep. Outten (my district), this bill sought to legalize raw milk for public consumption within Delaware state lines even though the FDA  does not support. It was defeated in the House last June (2013). But a May 2014 House of Representatives e-newsletter highlighted this bill again, touting a “far more tightly focused bill” and stated it would be circulated for sponsorship soon. Haven’t heard anything since. There are some audio cuts on the House of Reps website.
  • HB 63 – Freedom to Farm 
    • Sad to see this bill sit on House Ready List for more than a year. Perhaps it got complicated because it was a constitutional amendment? Or no one advocated? I sent an email to the Secretary of Ag and my legislators in support. Maybe something bigger and better is planned for next session?

A few other semi-related ag bills:

  • HS 1 for HB 60 w/ HA 1, HA 2, HA 3 – Direct Shipment of Wine to DE Consumers (for those in the grape business)
  • SCR 64 – Establishing the DE Waterways Management and Financing Advisory Committee (for DE Watermen)

Keep in mind, the session isn’t over yet. Interesting things can happen in the wee hours of June 30 (no exclamation point).

 

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Update on House Bill 63 – “Right to Farm”

Representative John Atkins and Senator Bruce Ennis have filed House Bill 63 in the Delaware General Assembly. As mentioned in a previous post, it’s modeled off North Dakota’s Right to Farm bill. It was released from the House agricultural committee on March 27 and heads to the House Agenda. No telling when it will actually appear on the agenda but I’ll be watching. More to come.

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 63

 AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION RELATING TO AGRICULTURE. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Constitution of the State of Delaware by making insertions as shown by underlining as follows:

§21. Right to engage in agriculture.

The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state.  No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.

SYNOPSIS

                This bill is the first leg of a constitutional amendment that forever guarantees the right of farmers to engage in modern farming and ranching practices.

It’s considered a “constitutional amendment”, which means it takes longer to pass.

Article XVI defines the paths by which the Delaware Constitution can be amended:

  • The Delaware General Assembly can amend the constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
  • Two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment.
  • The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
  • The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives the two-thirds approval of all members of each chamber, it becomes part of the constitution.
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A Right to Farm & Ag Certainty

Most of Wednesday’s House Ag Committee meeting was devoted to housekeeping of harness racing regulations. But at the end, two preliminary-but very optimistic-ideas surfaced. Here are the highlights:

  • Rep. John Atkins, Chair, called the meeting to order at 12:05pm and immediately turned the floor over to Secretary Ed Kee. Representative’s in attendance were Peterman, Outten, Kenton, Wilson, Spiegelman, Q. Johnson. Other guests were lobbyists-Scott & Rebecca Kidner and Debbie Hamilton, Hettie Brown-HSUS State Director, Mark Davis-DDA, Austin Short-DDA.
  • The Secretary went straight into draft legislation related to harness racing such as jockey welfare, harness racing fines, and investigations related to illegal substances.
  • Related to Ag Lands Preservation, the Secretary said he is requesting $2 million for the program in the Governor’s budget, which will be presented this week on Jan. 24. See updated info on Ag Lands here.
  • The Secretary announced that DDA, the Nutrient Management Commission, DNREC, USDA, and the Conservation Districts are exploring the use of an “Ag Certainty” program related to those with a nutrient management plan.  Here is the draft review circulated in committee:
DE's Ag Certainty Program Review Draft circulated in House Committee meeting on Jan. 16, 2013

DE’s Ag Certainty Program Review Draft circulated in House Committee meeting on Jan. 16, 2013

It looks to be an incentive program for farmers to implement best management practices (BMP’s), which other states have adopted (Florida, Louisiana, and Michigan). I also found a blog post by Lara Moody, a promoter of nutrient stewardship in D.C., which cites the discussion of Ag Certainty related to the Chesapeake Bay back in Nov. 2011.

“The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state. No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices”.

Legislative counsel in DE may also suggest this be a Constitutional amendment, which could be a lengthy process because it must pass both chambers (House & Senate), not once, but two years in a row. As soon as I heard this, my mind went straight to Rich Barczewski’s “Pig Tales” column in the Jan.15th Delmarva Farmer. He mentions right-to-farm laws in his column titled “Agriculture Under Fire”. The article is impossible to find on the web so I’m posting it below. Awesome article.

Pig Tales, "Agriculture Under Fire", by Rich Barczewski, columnist for Jan. 15, 2013 Delmarva Farmer

Pig Tales, “Agriculture Under Fire”, by Rich Barczewski, columnist for Jan. 15, 2013 Delmarva Farmer

It’s your turn! Which do you think should be implemented to help Delaware farmers in 2013? Answer the poll below!