Pennsylvania Act 2004-208 — AGRICULTURE (3 PA.C.S.) - CROP INSURANCE PREMIUM PAYMENTS AND REPORT BY DEPARTMENT OF AGRICULTURE

Act text

AGRICULTURE (3 PA.C.S.) - CROP INSURANCE PREMIUM PAYMENTS AND REPORT BY
                        DEPARTMENT OF AGRICULTURE
                 Act of Nov. 30, 2004, P.L. 1658, No. 208             Cl. 03
                             Session of 2004
                               No. 2004-208

     SB 912

                                  AN ACT

     Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
        Statutes, providing for crop insurance premium payments and
        for a report by the Department of Agriculture; and making a
        repeal.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 3 of the Pennsylvania Consolidated Statutes
     is amended by adding a chapter to read:
                                CHAPTER 47
                              CROP INSURANCE
     Sec.
     4701.  Short title of chapter.
     4702.  Purpose of chapter.
     4703.  Definitions.
     4704.  Establishment of program.
     4705.  Powers and duties of department.
     4706.  Crop insurance financial assistance.
     4707.  Funding.
     4708.  Report.
      § 4701.  Short title of chapter.
        This chapter shall be known and may be cited as the Crop
     Insurance Act.
      § 4702.  Purpose of chapter.
        The purpose of this chapter is to establish a program within
     the department to encourage producers of agricultural
     commodities to purchase Federal crop insurance and adopt risk
     management practices and to provide crop insurance financial
     assistance, subject to the availability of funding, to eligible
     producers for crop insurance premium costs.
      § 4703.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agricultural commodity."  Any of the following, transported
     or intended to be transported in commerce:
            (1)  Agricultural, aquacultural, horticultural,
        floricultural, viticultural or dairy products.
            (2)  Agricultural crops.
            (3)  Livestock and products of livestock.
            (4)  Poultry and products of poultry.
            (5)  Ranch-raised furbearing animals and the products of
        ranch-raised furbearing animals.
            (6)  The products of bee raising.
            (7)  Forestry and forestry products.
            (8)  Any products raised or produced on farms intended
        for on farm or human consumption and the processed or
        manufactured products of such products intended for human
        consumption.
        "Eligible producer."  A producer who has applied for and has
     received Federal crop insurance for the crop year for which crop
     insurance financial assistance is sought.
        "Producer."  Any person engaged within this Commonwealth in
     the business of producing an agricultural commodity or causing
     agricultural commodities to be produced.
      § 4704.  Establishment of program.
        The department shall establish a program to educate producers
     on the benefits of Federal crop insurance and risk management
     practices. The program shall promote the purchase of Federal
     crop insurance and may provide financial assistance to eligible
     producers to partially offset Federal crop insurance premiums.
     The provision of financial assistance shall be subject to the
     availability of funding.
      § 4705.  Powers and duties of department.
        (a)  Administration of chapter.--Subject to the conditions
     contained in this chapter, the department shall administer this
     chapter and shall exercise all administrative powers necessary
     to effectuate the purposes of this chapter, including, but not
     limited to, drafting and entering into agreements necessary to
     implement this chapter, establishing eligibility criteria for
     crop insurance financial assistance and developing an
     application and application procedure for crop insurance
     financial assistance including time frames for the submission,
     review and approval of applications.
        (b)  Drafting and entering agreements.--The department is
     authorized to draft and enter into agreements with Federal
     agencies, other Commonwealth agencies and private entities as
     necessary to implement this chapter.
        (c)  Regulations.--The department is authorized to promulgate
     any regulations that may be necessary to implement this chapter.
      § 4706.  Crop insurance financial assistance.
        The department may provide crop insurance financial
     assistance to eligible producers for Federal crop insurance in
     an amount up to 10% of the cost of the insurance premiums in
     years in which funds are appropriated or made available to the
     department. If sufficient funds are not available to provide for
     up to 10% of the cost of the insurance premiums, the department
     shall prorate the available funds among all the producers of
     agricultural commodities who applied for and received Federal
     crop insurance for that crop year.
      § 4707.  Funding.
        The department is authorized to use funds specifically
     appropriated by the General Assembly for the purposes of this
     chapter and any funds, contributions or payments which may be
     made available to the department by another State agency, the
     Federal Government or any public or private source for the
     purpose of implementing this chapter.
      § 4708.  Report.
        The department shall submit annually to the chairman and
     minority chairman of the Agriculture and Rural Affairs Committee
     of the Senate and the chairman and minority chairman of the
     Agriculture and Rural Affairs Committee of the House of
     Representatives a report that provides details of the
     department's expenditures, including administrative
     expenditures, under this chapter.
        Section 2.  Section 5102(b) of the act of December 13, 1999
     (P.L.905, No.57), known as the Drought, Orchard and Nursery
     Indemnity and Flood Relief Act, is repealed.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 30th day of November, A. D. 2004.

     EDWARD G. RENDELL