16 chapters · 847 sections in this title.
KRS § 247.850 Purpose
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It is declared to be in the interest of the public welfare that all handlers, dealers, processors, wholesalers, and retailers of eggs shall be permitted and encouraged to act jointly in promoting and stimulating the increased production, use and sale, domestic and foreign, of egg…
KRS § 247.851 Definitions for KRS 247.852 to 247.865
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As used in KRS 247.852 to 247.865 unless the context otherwise requires: (1) "Board" means the State Board of Agriculture; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Dealer" means a person, organization, or cooperative engaged in the business of buying eggs fr…
KRS § 247.852 Activity not deemed restraint of trade
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No association meeting or activity undertaken in pursuance of the provisions of KRS 247.850 to 247.865 and intended to benefit all of the producers, retailers, and handlers of eggs shall be deemed or considered illegal or in restraint of trade.
KRS § 247.853 Referendum levying assessment
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It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that handlers of eggs shall be permitted by referendum to be held subject to the provisions of KRS 247.850 to 247.865 to levy upon themselves an assessment …
KRS § 247.854 Application for assessment referendum -- Contents of form -- Publication
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(1) Any existing association which is fairly representative of the handlers of eggs in the state, such as the Kentucky Poultry Federation, Inc., may at any time after the enactment of KRS 247.850 to 247.865 make application to the State Board of Agriculture on forms prescribed by…
KRS § 247.855 Certified association authorized to hold referendum
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Upon being so certified by the Commissioner of Agriculture, the association shall thereupon be fully authorized and empowered to hold and conduct on the part of the handlers of eggs a referendum on the question of whether or not such handlers shall levy upon themselves an assessm…
KRS § 247.856 Referendum on area or statewide basis -- Participation eligibility
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Any referendum conducted under the provisions of KRS 247.850 to 247.865 may be held either on an area or a statewide basis, as may be determined by such duly certified association before the referendum is called; and the referendum on an area or a statewide basis, may be particip…
KRS § 247.857 Supervision of referendum by Commissioner -- Expenses
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The manner, conduct and management of any referendum held under the provisions of KRS 247.850 to 247.865 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting …
KRS § 247.858 Commissioner to determine date, hours, polling places for voting and details of assessment -- Limits
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details of assessment -- Limits. With respect to any referendum conducted under the provisions of KRS 247.850 to 247.865, the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine and publicly announce at least thirty (30) days before the…
KRS § 247.859 Details of and rules governing referendum prescribed by Commissioner -- Notice
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Notice. The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner of Agriculture. The said referendum date, area, hours, voting places, and rules and regulations with respect…
KRS § 247.860 Preparation of question -- Poll holders -- Canvass and declaration of results
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results. The Commissioner shall likewise prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, th…
KRS § 247.861 Effect of affirmative vote
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If, in the referendum called under the provisions of KRS 247.850 to 247.865, a majority of the eligible handlers in the area in which the referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting the assessment proposed in the…
KRS § 247.862 Notice as to deduction required -- Use of funds collected -- Records to be open for inspection
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open for inspection. In the event a majority of the eligible handlers in the referendum who vote therein shall vote in favor of the assessment, then the Commissioner shall notify forthwith, by registered or certified mail, all handlers of eggs engaged in the business of purchasin…
KRS § 247.863 Refund of assessment collected
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In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any handler upon and against whom such assessment shall have been levied and collected under the provisions of KRS 247.850 to 247.865, if dissatisfied with said asses…
KRS § 247.864 Annual review of assessment program -- Termination of program
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(1) The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that there is dissatisfaction with the program, the Commissioner shall then conduct a referendum among the handlers in the …
KRS § 247.865 Injunction against violations
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Whenever in the judgment of the board or the duly certified association, a handler has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.850 to 247.864, the board or the duly certified association may make ap…
KRS § 247.870 Definition of "ratite" -- Status of ratites as farm products and livestock
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(1) "Ratite" means members of a family of birds which have no keel and cannot fly. It includes ostriches, emus, rheas, kiwis, and cassowaries. (2) Ratites are raised for the purpose of producing feathers, meat, hide, animal by- products, and breeding stock. (3) Ratites and their …
KRS § 247.900 Legislative purpose
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It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of grain which may be fermented to produce ethanol to be mixed with gasoline to make the fuel known as gasohol shall be permitted and encouraged to act jointly and in cooperation wi…
KRS § 247.910 Definitions
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For purposes of KRS 247.900 to 247.920: (1) "Alcohol production facility" shall mean and include any property or any facility which is not fueled by petroleum but fueled by Kentucky coal, or in the process of converting to the use of coal with the completion date to be in two (2)…
KRS § 247.920 Alcohol production exemption certificate
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(1) Application for an alcohol production exemption certificate shall be filed with the Department of Revenue in such manner and in such form as may be prescribed by regulations issued by the Department of Revenue and shall contain plans and specifications of the structure or str…
KRS § 247.940 Legislative findings and purpose
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(1) The General Assembly hereby finds and declares that as a result of a variety of pressures, most notably the continual spiral of inflation and the increasingly serious effects of speculative land values, the opportunities in agriculture have been severely limited; that one of …
KRS § 247.942 Definitions for KRS 247.940 to 247.978
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As used in KRS 247.940 to 247.978, the following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings: (1) "Agricultural loan" means a loan made by a lending institution to any person for the purpose of financing …
KRS § 247.944 Kentucky Agricultural Finance Corporation -- Board of directors -- Executive director -- Quorum -- Expenses
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Executive director -- Quorum -- Expenses. (1) There is hereby created and established the Kentucky Agricultural Finance Corporation which shall be attached to the Department of Agriculture. (2) The corporation is created and established as a de jure municipal corporation and poli…
KRS § 247.946 Powers of corporation
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The corporation shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of KRS 247.940 to 247.978 including, but without limiting the generality of the foregoing, the power: (1) To adopt bylaws for the regulation of its affairs…
KRS § 247.9471 Purchase and sale of agricultural loans by corporation
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(1) The corporation may purchase or contract to purchase and sell or contract to sell agricultural loans made by lending institutions. All lending institutions are hereby authorized to purchase and sell agricultural loans to the corporation in accordance with the provisions of KR…
KRS § 247.9473 Corporation may insure and reinsure agricultural loans
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(1) The corporation is hereby authorized to insure and reinsure agricultural loans made by lending institutions, subject to the terms, conditions, limitations, collateral and security provisions, and reserve requirements as shall be determined by the corporation in accordance wit…
KRS § 247.948 Obligations not debt of Commonwealth
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(1) Obligations issued under the provisions of KRS 247.940 to 247.978 shall not be deemed to constitute a debt, liability or obligation of the Commonwealth or any political subdivision thereof or a pledge of the faith and credit of the Commonwealth or any such political subdivisi…
KRS § 247.950 Issuance of bonds or notes by corporation
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(1) The corporation is hereby authorized to provide for the issuance in its lending agency capacity and in its issuing agency capacity, at one (1) time or from time to time, of bonds, notes, renewal notes, refunding bonds, interim certificates, certificate of indebtedness, debent…
KRS § 247.951 Issuance of refunding bonds
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Subject to the rights of the holders of the bonds of the corporation, the corporation is hereby authorized and empowered to issue from time to time its bonds for the purpose of refunding any bonds of the corporation then outstanding, together with the payment of any redemption pr…
KRS § 247.952 Trust agreement to secure obligation
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In the discretion of the corporation, any obligations issued under the provisions of KRS 247.940 to 247.978 may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having powers of a trust company within o…
KRS § 247.953 Commonwealth prohibited from altering the right of corporation to fulfill agreements with its bondholders
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agreements with its bondholders. In consideration of the acceptance of and payment for the bonds of the corporation by the holders thereof, the Commonwealth does hereby pledge to and agree with the holders of any bonds of the corporation issued pursuant to the provisions of KRS 2…
KRS § 247.954 Pledge of assets or revenues of corporation binding
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The pledge of any assets or revenues of the corporation to the payment of the principal of or the interest on any obligations of the corporation issued in its lending agency capacity shall be valid and binding from the time such pledge is made, and any such assets or revenues sha…
KRS § 247.955 Moneys received under KRS 247.940 to 247.978 deemed to be trust funds
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Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of the provisions of KRS 247.940 to 247.978 shall be deemed to be trust funds to be held and applied solely as provided in the provisions of KRS 247.940 to 247.978. The reso…
KRS § 247.956 Enforcement of rights under trust agreement
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The holder of obligations of the corporation issued in its lending agency capacity pursuant to the provisions of KRS 247.940 to 247.978 and the trustee under any trust agreement or resolution authorizing the issuance of such obligations, except the rights herein given may be rest…
KRS § 247.957 Corporate system of accounts -- Audit
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(1) Subject to the provisions of any contract with the holders of its bonds, the corporation shall establish a system of accounts. (2) The corporation may cause an independent audit of its books and accounts to be prepared annually and the cost thereof may be paid from any availa…
KRS § 247.958 Obligations are negotiable instruments
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Notwithstanding any of the foregoing provisions of KRS 247.940 to 247.978 or any recitals in any obligations issued pursuant to the authority granted hereunder, all such obligations shall be and are hereby made negotiable instruments under the laws of this state, subject only to …
KRS § 247.959 Corporation to receive requested services from Commonwealth officers and agencies -- Liberal construction of statutes
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and agencies -- Liberal construction of statutes. (1) All Commonwealth officers and agencies are authorized to render services to the corporation within their respective functions as may be requested by the corporation. (2) Construction of KRS 247.940 to 247.978, being necessary …
KRS § 247.960 Obligations are legal investments for public entities and fiduciaries
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Obligations issued by the corporation in its lending agency capacity under the provisions of KRS 247.940 to 247.978 are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust compani…
KRS § 247.962 Annual report
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The corporation shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and the General Assembly. Each such report shall set forth a complete operating financial statement relating to the corporatio…
KRS § 247.964 Personal liability of board or officers
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No member of the board of directors or other officer of the corporation shall be made subject to any personal liability or accountability by reason of their execution of any obligations of the corporation nor the issuance thereof.
KRS § 247.966 Expenditure of funds
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The corporation is authorized to accept and expend such moneys as may be appropriated from time to time by the General Assembly or such moneys as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes including…
KRS § 247.968 Corporation exempt from taxation -- Payment in lieu of taxes
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The corporation shall not be required to pay any taxes and assessments to the Commonwealth or any county, municipality or other governmental subdivision of the Commonwealth upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisi…
KRS § 247.970 Powers supplemental to those held by other governmental agencies
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To the extent the provisions of KRS 247.940 to 247.978 delegate to the corporation powers concurrently now held by other governmental agencies, including, but not being limited to, the provisions of KRS 103.200 to 103.285 and KRS 154.20-035 to 154.20- 140, the provisions hereof s…
KRS § 247.972 Termination or dissolution of corporation
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Upon the termination or dissolution of the corporation, all rights and properties of the corporation shall pass to and be vested in the Commonwealth, subject to the rights of lienholders and other creditors.
KRS § 247.974 Banks may apply for loans for qualified farmers
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All state and federally chartered banks may apply through the corporation for loans for qualified farmers and such banks shall receive a commission therefor as determined by the corporation.
KRS § 247.976 Expenses
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All expenses incurred by the corporation in carrying out the provisions of KRS 247.940 to 247.978 shall be paid from revenue bonds or notes issued by the corporation.
KRS § 247.978 Debt limitation for qualified applicant
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The total amount of principal which a qualified applicant may owe to the corporation at any one (1) time shall not exceed: (1) Two-hundred fifty thousand dollars ($250,000) for first time farmers as defined by the United States Department of Agriculture, Farm Service Agency; or (…
KRS § 247.980 Definitions for KRS 247.980 to 247.986
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As used in KRS 247.980 to 247.986: (1) "Agricultural commodity" means any agricultural product, including but not limited to plant and animal products grown, raised, or produced within this state for use as food, feed, seed, or any aesthetic, industrial, or chemurgic purpose; and…
KRS § 247.981 Grant program for supplying surplus agricultural commodities to food banks
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banks. There is hereby established in the Department of Agriculture a program to award grants to nonprofit organizations for the purpose of collecting and distributing Kentucky grown and raised surplus agricultural commodities to food banks and other charitable organizations that…
KRS § 247.982 Grant program eligibility and compliance
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(1) Subject to available funds, a nonprofit organization is eligible to receive a grant under KRS 247.980 to 247.986 if the organization: (a) Has at least five (5) years of experience coordinating a statewide network of food banks and charitable organizations that serve counties …