This section creates the Agricultural Development Board, sets its membership and meeting rules, and says the board is not subject to reorganization under KRS Chapter 12.
248.707 Agricultural Development Board. (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 public agency within the meaning of KRS 61.805, 61.870, and other applicable statutes. (2) The board shall consist of sixteen (16) members as follows: (a) Five (5) voting members or their designees, as follows: 1. The Commissioner of Agriculture, who shall serve as chairperson. The Commissioner of Agriculture may designate a representative to serve as chairperson in the Commissioner's absence; 2. The Governor of the Commonwealth of Kentucky; 3. The secretary of the Cabinet for Economic Development; 4. The director of the University of Kentucky Cooperative Extension Service; and 5. The president of Kentucky State University; and (b) Eleven (11) voting members appointed by the Commissioner, who shall be geographically distributed throughout the state and subject to confirmation as provided in KRS 11.160(2). The members shall be as follows: 1. Seven (7) active farmers, at least four (4) of whom shall be from counties that are substantially tobacco-impacted, as determined by a formula that includes tobacco income as a percentage of total personal income in the county, and at least two (2) of whom shall have experience in agricultural diversification; 2. One (1) representative of the Kentucky Farm Bureau; 3. One (1) representative of the Kentucky Chamber of Commerce, who shall be an agribusiness person; 4. One (1) attorney with farm experience and familiarity with agricultural policy; and 5. One (1) agricultural lender. (3) The members appointed under subsection (2)(b)2. and 3. of this section shall be chosen from a list of three (3) nominees submitted to the Commissioner by each of the respective organizations. (4) Consideration shall be given to racial and gender equity in the appointment of board members. (5) The majority of the voting members shall be active farmers. (6) Members of the board shall be reimbursed for expenses incurred in the performance of their duties. (7) Except as provided in paragraphs (a) to (d) of this subsection, The terms of the members appointed by the Commissioner shall be for four (4) years and until their successors are appointed and confirmed. A vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members may be reappointed. The initial appointments shall be for staggered terms, as follows: (a) Two (2) members shall be appointed for one (1) year; (b) Three (3) members shall be appointed for two (2) years; (c) Three (3) members shall be appointed for three (3) years; and (d) Three (3) members shall be appointed for four (4) years. (8) The board shall meet monthly, or at the call of the chair or a majority of the voting members. (9) A quorum of the board shall consist of nine (9) voting members. A majority of the voting members present may act upon matters before the board. (10) The board shall be attached to the Department of Agriculture. (11) Staff services for the board shall be provided by the Department of Agriculture. (12) The Agricultural Development Board shall not be subject to reorganization under KRS Chapter 12. Effective:March 12, 2021 History: Amended 2021 Ky. Acts ch. 12, sec. 8, effective March 12, 2021. -- Amended 2007 Ky. Acts ch. 137, sec. 182, effective June 26, 2007. -- Created 2000 Ky. Acts ch. 530, sec. 4, effective April 26, 2000. Legislative Research Commission Note (3/12/2021). This statute was amended by Section 8 of 2021 Ky. Acts ch. 12. Section 16 of that Act states, in part: "It is imperative that the continuity of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation remain as established upon the effective date of this Act. Therefore, it is the intent of the General Assembly that each member of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation shall serve his or her term as appointed and shall not be replaced unless by resignation and duly recognized."