16 chapters · 847 sections in this title.
KRS § 248.500 Establishment of Kentucky Tobacco Exhibition Center
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(1) There shall be established the official Kentucky Tobacco Exhibition Center celebrating and documenting the contributions of tobacco to the history and economy of the Commonwealth and the role of Nelson County in tobacco's growth, manufacturing, and sale in the state. (2) The …
KRS § 248.510 Tobacco research board membership -- Compensation -- Meetings -- Quorum
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Quorum. (1) The Kentucky Tobacco Research Board is hereby created. The board shall be composed of thirteen (13) voting members and one (1) nonvoting member as follows: (a) Ten (10) permanent members who shall be the following officeholders or shall be designated by the following …
KRS § 248.520 Duties of board
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The Kentucky Tobacco Research Board shall: (1) Formulate policies and procedures as necessary to carry out the provisions of KRS 248.510 to 248.570. (2) Promulgate rules and regulations as necessary to carry out the provisions of KRS 248.510 to 248.570 and to ensure proper expend…
KRS § 248.540 Tobacco research-trust fund
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(1) The tax revenues received from the additional one-half cent ($0.005) tax levied by Chapter 255 of the Acts of 1970 shall be credited to a tobacco research-trust fund which is hereby created. (2) Federal funds which may be made available to supplement or match state funds for …
KRS § 248.550 Appropriation and use of funds -- Revenue estimates to be supplied by Office of State Budget Director
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Office of State Budget Director. (1) The amount of revenues collected and/or credited to the tobacco research-trust fund shall be appropriated each year to the Kentucky Tobacco Research and Development Center to finance research projects and programs as provided in KRS 248.510 to…
KRS § 248.560 Proposed research program -- Budget
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(1) The Kentucky Tobacco Research and Development Center shall prepare a proposed research program and budget request for each fiscal year and shall present such documents to the Kentucky Tobacco Research Board for consideration and approval. The budget shall be based on revenue …
KRS § 248.570 Records -- Quarterly financial report to board
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(1) The Finance and Administration Cabinet and the University of Kentucky shall maintain such records as necessary to account for all receipts and expenditures credited to or charged against the tobacco research-trust fund and shall establish such rules and regulations as may be …
KRS § 248.580 Kentucky Tobacco Research and Development Center -- Use of certain state funds
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state funds. (1) The Kentucky Tobacco Research and Development Center is hereby created. (2) The Kentucky Tobacco Research and Development Center is to be overseen by the Kentucky Tobacco Research Board and shall undertake not only research into tobacco but also other research ha…
KRS § 248.610 Restriction on use of tobacco stalks -- Exception
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(1) No person shall use, and no person shall purchase or otherwise acquire for intended use, any tobacco stalks in any manner that could result in human consumption by smoking or other use of tobacco stalks. This section does not prohibit the use of tobacco stalks in new and inno…
KRS § 248.654 Tobacco settlement agreement fund -- Source of moneys -- Distribution of funds
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funds. There is established in the State Treasury a permanent and perpetual fund to be known as the "Tobacco Settlement Agreement Fund" to which shall be credited any funds designated to the Commonwealth from the master settlement agreement signed on November 22, 1998, between th…
KRS § 248.655 Rural development fund -- Purpose -- Source of moneys -- Strategic plan for fund distribution -- Annual report and audit
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for fund distribution -- Annual report and audit. There is established in the State Treasury a fund to be known as the "Rural Development Fund." This fund shall exist for the purpose of receipt and expenditure of moneys to improve and promote agricultural development for resident…
KRS § 248.664 List of recipients of moneys from tobacco settlement agreement fund for child support administration
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child support administration. Before distribution of the funds, a list of individuals or entities that are awarded tobacco settlement moneys from the tobacco settlement agreement fund under KRS 248.654, or related state or federal legislation, shall be forwarded by the cabinet, a…
KRS § 248.701 Definitions for KRS 248.701 to 248.727
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As used in KRS 248.701 to 248.727, unless the context requires otherwise: (1) "Board" means the Agricultural Development Board created by KRS 248.707; (2) "Fund" means the agricultural development fund established in KRS 248.655 as the "Rural Development Fund;" (3) "Subcommittee"…
KRS § 248.703 Allocation of moneys received in tobacco settlement agreement fund from Master Settlement Agreement
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Master Settlement Agreement. (1) Fifty percent (50%) of the moneys received in the tobacco settlement agreement fund from Master Settlement Agreement funding after June 30, 2000, along with accrued interest, shall be allocated within twenty (20) days of receipt of the moneys to t…
KRS § 248.707 Agricultural Development Board
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(1) The Agricultural Development Board is created as a political subdivision of the Commonwealth to perform essential governmental and public functions by administering funds to provide economic assistance to the agriculture community of the Commonwealth. The board shall be a pub…
KRS § 248.709 Duties of board
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The board's duties shall include but not be limited to: (1) Administering the agricultural development fund, except as provided in KRS 248.717(2); (2) Receiving requests and applications for funds and authorizing the distribution of funds. The board may receive applications from …
KRS § 248.711 Criteria for application for state funds -- Uses and restrictions on funds in counties account -- Administration of agricultural development fund -- Applicant's right to appear before oversight committee
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counties account -- Administration of agricultural development fund -- Applicant's right to appear before oversight committee. (1) Criteria to be used in considering applications for state funds shall include, but not be limited to: (a) Assistance to tobacco farmers and communiti…
KRS § 248.713 Use of county allocation funding
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Notwithstanding the provisions of KRS 248.655, county allocations may be used for projects before the completion of a comprehensive plan or strategic plan as determined by the board or if they fall under the conditions described in KRS 248.709(5)(b) or (c) or meet the criteria in…
KRS § 248.715 Committees of board
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(1) The board shall create committees, including, but not limited to: (a) Access to Capital Committee; (b) Environmental Cost Share Committee; (c) Marketing and Entrepreneurship Committee; (d) Technology, Infrastructure, and Training Committee; (e) Farmland Preservation Committee…
KRS § 248.717 Creation and implementation of board's programs
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Programs that shall be created by the board and overseen and implemented by the board or committees include: (1) Programs that receive direct funding from the board: (a) A Farm Market Development and Infrastructure Program to develop regional, integrated farm markets, and regiona…
KRS § 248.719 Center for Entrepreneurship
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The board is authorized to establish a Center for Entrepreneurship to operate under the Agricultural Entrepreneurship Program provided in KRS 248.717(1)(b). The duties of the center shall include: (1) Primarily identifying and coordinating with existing agencies in order to devel…
KRS § 248.721 County agricultural development councils
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(1) Each county shall establish an agricultural development council to evaluate the needs of the local agricultural economy and to devise a plan for the county that would identify programs best suited for the agricultural development of the county. The council shall assist prospe…
KRS § 248.723 Tobacco Settlement Agreement Fund Oversight Committee -- Membership -- Meetings -- Vote required to act -- Reporting of expenditure under early childhood development fund and the Kentucky health care improvement fund. (Effective until January 1, 2027)
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-- Meetings -- Vote required to act -- Reporting of expenditure under early childhood development fund and the Kentucky health care improvement fund. (Effective until January 1, 2027) (1) There is created a permanent subcommittee of the Legislative Research Commission to be known…
KRS § 248.725 Technical assistance provided by Kentucky Department of Agriculture
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The Kentucky Department of Agriculture may provide technical assistance to local individuals and entities, county agricultural development councils, and regional entities in developing proposals and in implementing proposals approved by the Agricultural Development Board.
KRS § 248.727 Responsibilities of agencies and educational institutions receiving agriculturally related funding
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agriculturally related funding. (1) Those agencies and educational institutions that receive agriculturally related funding under the provisions of KRS 248.701 to 248.727, and those that receive state funding relating to assisting agriculture and farmers in this state shall devot…
KRS § 248.750 Definitions for KRS 248.750 to 248.769
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As used in KRS 248.750 to 248.769: (1) "Cigarettes" has the same meaning as in KRS 138.130; (2) "Department" means the Department of Revenue; (3) "Importer" has the same meaning as in 26 U.S.C. sec. 5702(k); (4) "Manufacturer" means any person who manufactures or produces cigaret…
KRS § 248.752 Prohibited acts relating to cigarettes and cigarette packaging
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No person shall: (1) Sell or distribute, in this Commonwealth; acquire, hold, own, possess, or transport in this Commonwealth; for sale or distribution in this Commonwealth; or import or cause to be imported into this Commonwealth for sale or distribution in this Commonwealth: (a…
KRS § 248.754 Required filing of copies of customs certificates
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On or before the fifteenth business day of each month, each: (1) Person licensed to affix the stamp required by KRS 138.146 or make other evidence of tax payment as provided in KRS 138.155 shall file with the department, for all cigarettes imported into the United States to which…
KRS § 248.756 Administrative and civil penalties for violation of KRS 248.752 or 248.754 -- Forfeiture of cigarettes
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-- Forfeiture of cigarettes. (1) The department may revoke the license issued in accordance with KRS 138.195 of any licensee and impose a civil penalty of twenty-five dollars ($25) per violation, not to exceed five thousand dollars ($5,000), upon finding a violation by the licens…
KRS § 248.758 Presumption of purchase outside of the ordinary business channels of trade of certain imported or reimported cigarettes
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trade of certain imported or reimported cigarettes. For the purposes of KRS 138.146 and 248.750 to 248.769, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as or is confusingly simi…
KRS § 248.760 Violation of KRS 248.752 or 248.754 as constituting an unfair trade practice -- Applicability of unfair trade practice law
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practice -- Applicability of unfair trade practice law. (1) A violation of KRS 248.752 or 248.754 shall constitute an unlawful trade practice as provided in KRS 365.260 to 365.380 and, in addition to any remedies or penalties set forth in KRS 248.756, 248.762, and 248.766, shall …
KRS § 248.762 Criminal penalties for violation of KRS 248.752 or 248.754
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Any person that commits any of the acts prohibited by KRS 248.752, either knowing or having reason to know he or she is doing so, or that fails to comply with any of the requirements in KRS 248.754 is guilty of a Class D felony and, in addition, may be subject to a fine of not mo…
KRS § 248.764 Enforcement of KRS 248.752 and 248.754
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(1) KRS 248.752 and 248.754 shall be enforced by the Attorney General, but at the request of the Attorney General or the Attorney General's duly authorized agent, the Department of Kentucky State Police and all local police authorities shall enforce KRS 248.752 and 248.754. The A…
KRS § 248.766 Injunctive relief for violation of KRS 248.752 or 248.754
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Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of KRS 248.752 or 248.754 may bring an action in good faith for appropriate injunctive relief.
KRS § 248.769 Cigarettes not subject to KRS 248.752 or 248.754 -- Cumulativeness of penalties
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penalties. (1) KRS 248.752 and 248.754 shall not apply to: (a) Cigarettes allowed to be imported or brought into the United States for personal use; and (b) Cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the prov…