Bill Text: DE HB449 | 2023-2024 | 152nd General Assembly | Draft


Bill Title: An Act To Amend Title 3 Of The Delaware Code Relating To The Delaware Agricultural Lands Preservation Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-06-20 - Introduced and Assigned to Agriculture Committee in House [HB449 Detail]

Download: Delaware-2023-HB449-Draft.html

SPONSOR:

Rep. Spiegelman & Sen. Paradee

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 449

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 902, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 902. Definitions.

The following terms shall have the meanings ascribed to them As used in this chapter:

(1) “Advisory Board” or “Advisory Boards” means the Farmland Preservation Advisory Boards established and appointed by the respective legislative bodies of each county. New Castle County and Sussex County.

Section 2. Amend § 904, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 904. Duties and authority of Foundation.

(a) The Foundation shall be is responsible for the following:

(3) The adoption, after public hearing and consultation with the Department of Agriculture, the Department of Natural Resources and Environmental Control, and the Farmland Preservation Advisory Boards Boards, and the Planning and Zoning Commissions of each county, of a statewide agricultural lands preservation strategy which specifically identifies the areas of the State in which valuable productive agricultural lands are located and which are considered best suited for long-term preservation, and by specifically identifying the growth zone;

Section 3. Amend § 906, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 906. Farmland Preservation Advisory Boards.

(a) Each county legislative body The legislative bodies of New Castle County and Sussex County shall establish a Farmland Preservation Advisory Board which shall Boards, each for their respective county. The Advisory Boards must consist of 4 active farmers or agribusinessmen individuals engaged in agribusiness residing within the county and 1 member of the county legislative body, who shall serve as the Chairperson of the Board. The members of such Board shall be appointed by the county legislative body. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement of such member’s actual and necessary expenses incurred in the performance of official duties. A quorum of the Board for conducting business shall be 3 members and a majority vote of the quorum shall be necessary to take action on matters before the Board.

SYNOPSIS

This Act removes the requirement that Kent County establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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