2015 North Dakota Century Code Title 4 Agriculture Chapter 4-14.1 Agriculturally Derived Fuel Tax Fund
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CHAPTER 4-14.1
AGRICULTURALLY DERIVED FUEL TAX FUND
4-14.1-01. Legislative policy and purpose.
It is hereby declared to be the public policy of the state of North Dakota to protect and foster
the prosperity and general welfare of its people by improving the agricultural economy of the
state. In furtherance of this policy, it is the purpose of this chapter to provide necessary
assistance to the research and marketing needs of the state by developing new uses for
agricultural products, byproducts, and by seeking more efficient systems for processing and
marketing agricultural products and byproducts, and to promote efforts to increase productivity
and provide added value to agricultural products and stimulate and foster agricultural
diversification and encourage processing innovations.
4-14.1-01.1. Definition.
Repealed by S.L. 2011, ch. 439, § 7.
4-14.1-02. Agricultural products utilization fund - Purposes.
There is created in the state treasury a fund known as the agricultural products utilization
fund which must be used to fund programs for the enhancement of agricultural research,
development, processing, technology, and marketing. The fund must be used to defray the
expenses of the North Dakota agricultural products utilization commission necessary to
implement the purposes of this chapter. Interest earned on moneys in the fund must be credited
to the fund.
4-14.1-03. Agricultural products utilization commission - Composition - Appointment.
The agricultural products utilization fund must be administered by the agricultural products
utilization commission. The commission consists of nine members, five of whom must be
appointed by the governor for terms of two years each, arranged so that two terms expire in
odd-numbered years and three terms expire in even-numbered years. Three members
appointed by the governor must be actively engaged in farming in this state and two members
appointed by the governor must be actively engaged in business in this state. The agriculture
commissioner shall appoint one member for a term of two years which expires in odd-numbered
years. The member appointed by the commissioner must be actively engaged in farming in this
state. Commission members may be reappointed to the commission. Terms of commissioners
shall run from the first day of July. The commissioner of commerce, the president of North
Dakota state university, and the agriculture commissioner, or their designees, are members of
the commission. The commission shall elect one of its members as chairman.
4-14.1-03.1. Agricultural products utilization commission - Authority.
1. The North Dakota agricultural products utilization commission may apply for, accept,
and expend any appropriation, grant, gift, or service made available from public or
private sources consistent with the purpose of this chapter.
2. The commission may administer grant programs consistent with the purpose of this
chapter including:
a. A basic and applied research grant program;
b. A utilization and marketing grant program;
c. A cooperative marketing grant program;
d. A nature-based tourism grant program;
e. A technical assistance grant program for value-added businesses;
f. A farm diversification grant program;
g. An agricultural prototype development grant program;
h. An agricultural technologies grant program; and
i. A North American marketing grant program.
3. As a condition of the grant, the commission may require that the recipient repay some
or all of the grant if the recipient does not fulfill the conditions of the grant. Repayment
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may be monetary or may be of any other type or method determined by the
commission to be in the public interest.
4-14.1-04. Agricultural products utilization commission - Meetings - Personnel Reports.
The agricultural products utilization commission, which is an office of the department of
commerce division of economic development and finance, shall meet as necessary and shall
report to each session of the legislative assembly. The commission may secure office space,
employ needed personnel for the performance of its duties, hire consultants, spend any funds
appropriated to the commission, and contract with public entities or private parties for services.
4-14.1-05. Agricultural products utilization commission - Reimbursement Compensation.
All members of the agricultural products utilization commission must be reimbursed for their
actual and necessary expenses incurred in the performance of their duties, in the same manner
as other state officials are reimbursed, according to sections 44-08-04 and 54-06-09. If not
otherwise employed by the state of North Dakota, members of the commission are entitled to
receive as per diem compensation one hundred thirty-five dollars for each day devoted to
attending meetings and performing other duties relating to official business of the commission.
The commission chairman, if not otherwise employed by the state of North Dakota, may receive
an additional one hundred dollars for each day of a regular meeting attended as payment for
reviewing and evaluating grant proposals.
4-14.1-06. Agricultural products utilization commission - Administrative expenses.
Administrative expenses of the agricultural products utilization commission, including
expenses of members of the commission, employment of needed personnel, hiring of
consultants, and contracting with public or private entities for services may not exceed ten
percent of the funds provided to the commission each biennium excluding federal funds.
4-14.1-07. Duration and limitation of ethanol plant production incentives - Report to
budget section.
Repealed by S.L. 2003, ch. 57, § 8.
4-14.1-07.1. Ethanol plant production incentives - Report to budget section.
Redesignated as section 17-02-01 under S.L. 2007, ch. 204, § 5.
4-14.1-07.2. Ethanol production incentives - Payments for increased production.
Redesignated as section 17-02-02 under S.L. 2007, ch. 204, § 5.
4-14.1-08. Ethanol production incentive - Calculation - Payment.
Redesignated as section 17-02-03 under S.L. 2007, ch. 204, § 5.
4-14.1-09. Subsidy limitations.
Redesignated as section 17-02-04 under S.L. 2007, ch. 204, § 5.
4-14.1-10. Ethanol production incentive fund - Continuing appropriation.
Redesignated as section 17-02-05 under S.L. 2007, ch. 204, § 5.
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