State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-31 > 3-2-3100

§ 3.2-3100. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Active tobacco producer" means a person: (i) actively engaged in planting,growing, harvesting, and marketing of flue-cured or burley tobacco, or whoshares in the variable expenses of producing the crop, and is thereforeentitled to share in the revenue derived from marketing the crop; and (ii)who produces such crop on a farm where tobacco was produced for the 1998 cropyear, or any subsequent crop year upon which the Commission may determine tobase indemnification payments, pursuant to a tobacco farm marketing quota orfarm acreage allotment as established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Agreement" means the agreement or agreements between the Commonwealth, asseller of the Tobacco Assets, and the Corporation, as purchaser of theTobacco Assets. The sale by the Commonwealth of the Tobacco Assets pursuantto any such agreement shall be a true sale and not a borrowing.

"Commission" means the Tobacco Indemnification and Community RevitalizationCommission created pursuant to § 3.2-3101.

"Commission Allocation" means 50 percent of the annual amount receivedunder the Master Settlement Agreement by the Commonwealth, or that would havebeen received but for a sale of such allocation pursuant to an agreement,between the commencing and ending dates specified in the agreement.

"Corporation" means the Tobacco Settlement Financing Corporation as createdunder state law.

"Endowment" means the Tobacco Indemnification and Community RevitalizationEndowment established pursuant to § 3.2-3104.

"Fund" means the Tobacco Indemnification and Community Revitalization Fundestablished pursuant to § 3.2-3106.

"Master Settlement Agreement" means the settlement agreement and relateddocuments between the Commonwealth and leading United States tobacco productmanufacturers dated November 23, 1998, and including the Consent Decree andFinal Judgment entered in the Circuit Court of the City of Richmond onFebruary 23, 1999, Chancery Number HJ-2241-4.

"Period of sale" means the time during which a purchaser under an agreementis entitled to receive the Commission Allocation.

"Quota holder" means an owner of a farm on July 1, 1998, or July 1 of anysubsequent crop year upon which the Commission may determine to baseindemnification payments, for which a tobacco farm marketing quota or farmacreage allotment was established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Tobacco Assets" means all right, title, and interest in and to the portionof the Commission Allocation that may be sold to the Corporation.

"Tobacco farmer" means any person who is an active tobacco producer, aquota holder, or both.

(1999, cc. 880, 962, § 9-380; 2001, cc. 807, 844, § 3.1-1106; 2002, cc. 482,488; 2008, c. 860.)

State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-31 > 3-2-3100

§ 3.2-3100. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Active tobacco producer" means a person: (i) actively engaged in planting,growing, harvesting, and marketing of flue-cured or burley tobacco, or whoshares in the variable expenses of producing the crop, and is thereforeentitled to share in the revenue derived from marketing the crop; and (ii)who produces such crop on a farm where tobacco was produced for the 1998 cropyear, or any subsequent crop year upon which the Commission may determine tobase indemnification payments, pursuant to a tobacco farm marketing quota orfarm acreage allotment as established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Agreement" means the agreement or agreements between the Commonwealth, asseller of the Tobacco Assets, and the Corporation, as purchaser of theTobacco Assets. The sale by the Commonwealth of the Tobacco Assets pursuantto any such agreement shall be a true sale and not a borrowing.

"Commission" means the Tobacco Indemnification and Community RevitalizationCommission created pursuant to § 3.2-3101.

"Commission Allocation" means 50 percent of the annual amount receivedunder the Master Settlement Agreement by the Commonwealth, or that would havebeen received but for a sale of such allocation pursuant to an agreement,between the commencing and ending dates specified in the agreement.

"Corporation" means the Tobacco Settlement Financing Corporation as createdunder state law.

"Endowment" means the Tobacco Indemnification and Community RevitalizationEndowment established pursuant to § 3.2-3104.

"Fund" means the Tobacco Indemnification and Community Revitalization Fundestablished pursuant to § 3.2-3106.

"Master Settlement Agreement" means the settlement agreement and relateddocuments between the Commonwealth and leading United States tobacco productmanufacturers dated November 23, 1998, and including the Consent Decree andFinal Judgment entered in the Circuit Court of the City of Richmond onFebruary 23, 1999, Chancery Number HJ-2241-4.

"Period of sale" means the time during which a purchaser under an agreementis entitled to receive the Commission Allocation.

"Quota holder" means an owner of a farm on July 1, 1998, or July 1 of anysubsequent crop year upon which the Commission may determine to baseindemnification payments, for which a tobacco farm marketing quota or farmacreage allotment was established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Tobacco Assets" means all right, title, and interest in and to the portionof the Commission Allocation that may be sold to the Corporation.

"Tobacco farmer" means any person who is an active tobacco producer, aquota holder, or both.

(1999, cc. 880, 962, § 9-380; 2001, cc. 807, 844, § 3.1-1106; 2002, cc. 482,488; 2008, c. 860.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-31 > 3-2-3100

§ 3.2-3100. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Active tobacco producer" means a person: (i) actively engaged in planting,growing, harvesting, and marketing of flue-cured or burley tobacco, or whoshares in the variable expenses of producing the crop, and is thereforeentitled to share in the revenue derived from marketing the crop; and (ii)who produces such crop on a farm where tobacco was produced for the 1998 cropyear, or any subsequent crop year upon which the Commission may determine tobase indemnification payments, pursuant to a tobacco farm marketing quota orfarm acreage allotment as established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Agreement" means the agreement or agreements between the Commonwealth, asseller of the Tobacco Assets, and the Corporation, as purchaser of theTobacco Assets. The sale by the Commonwealth of the Tobacco Assets pursuantto any such agreement shall be a true sale and not a borrowing.

"Commission" means the Tobacco Indemnification and Community RevitalizationCommission created pursuant to § 3.2-3101.

"Commission Allocation" means 50 percent of the annual amount receivedunder the Master Settlement Agreement by the Commonwealth, or that would havebeen received but for a sale of such allocation pursuant to an agreement,between the commencing and ending dates specified in the agreement.

"Corporation" means the Tobacco Settlement Financing Corporation as createdunder state law.

"Endowment" means the Tobacco Indemnification and Community RevitalizationEndowment established pursuant to § 3.2-3104.

"Fund" means the Tobacco Indemnification and Community Revitalization Fundestablished pursuant to § 3.2-3106.

"Master Settlement Agreement" means the settlement agreement and relateddocuments between the Commonwealth and leading United States tobacco productmanufacturers dated November 23, 1998, and including the Consent Decree andFinal Judgment entered in the Circuit Court of the City of Richmond onFebruary 23, 1999, Chancery Number HJ-2241-4.

"Period of sale" means the time during which a purchaser under an agreementis entitled to receive the Commission Allocation.

"Quota holder" means an owner of a farm on July 1, 1998, or July 1 of anysubsequent crop year upon which the Commission may determine to baseindemnification payments, for which a tobacco farm marketing quota or farmacreage allotment was established under the Agriculture Adjustment Act of1938 (7 U.S.C. § 1281 et seq.).

"Tobacco Assets" means all right, title, and interest in and to the portionof the Commission Allocation that may be sold to the Corporation.

"Tobacco farmer" means any person who is an active tobacco producer, aquota holder, or both.

(1999, cc. 880, 962, § 9-380; 2001, cc. 807, 844, § 3.1-1106; 2002, cc. 482,488; 2008, c. 860.)