11 | 15 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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12 | 16 | | SECTION 1. AMENDMENT. Section 4.1-01.1-07 of the North Dakota Century Code is |
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13 | 17 | | amended and reenacted as follows: |
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14 | 18 | | 4.1-01.1-07. Agriculture diversification and development fund - Continuing |
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15 | 19 | | appropriation. |
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16 | 20 | | 1.There is created in the state treasury the agriculture diversification and development |
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17 | 21 | | fund. The fund consists of all moneys transferred to the fund by the legislative |
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18 | 22 | | assembly, interest upon moneys in the fund, and payments of interest and principal on |
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19 | 23 | | loans made from the fund. Moneys in the fund are appropriated to the Bank of North |
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20 | 24 | | Dakota on a continuing basis for loan disbursements and administrative costs |
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21 | 25 | | pursuant to this section, and moneys in the fund are appropriated to the agriculture |
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22 | 26 | | commissioner on a continuing basis for grants pursuant to this section and section |
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23 | 27 | | 4.1-01-27. The agriculture diversification and development committee shall designate |
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24 | 28 | | the amount available from the fund for loans, interest rate buydowns, and grants. |
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25 | 29 | | 2.Loans, interest rate buydowns, or grants under subsections 3 and 4 may be issued |
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26 | 30 | | from the fund to support new or expanding value-added agriculture businesses that |
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27 | 31 | | demonstrate financial feasibility, enhance profitability for farmers and ranchers, create |
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30 | | - | Page No. 1 25.1215.04000 |
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31 | | - | ENGROSSED SENATE BILL NO. 2327 |
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32 | | - | FIRST ENGROSSMENT |
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33 | | - | with House Amendments |
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| 59 | + | expansion of new or existing value-added agriculture businesses. Value-added |
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| 60 | + | agriculture businesses include food production or processing facilities; feed or pet food |
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| 61 | + | processing facilities; commodity processing facilities; agriculture product |
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| 62 | + | manufacturers; and animal agriculture production facilities, including swine, poultry, |
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| 63 | + | dairy, and feed lot production facilities. |
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| 64 | + | 3.The Bank of North Dakota shall develop policies for loans and interest rate buydowns |
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| 65 | + | from the fund in consultation with the agriculture diversification and development |
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| 66 | + | committee. The Bank shall review loan applications. To be eligible for a loan under this |
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| 67 | + | section, an entity shall agree to provide the Bank with information as requested. The |
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| 68 | + | Bank may develop policies for loan participation with local financial institutions. The |
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| 69 | + | Bank shall deposit in the fund all principal and interest paid on the outstanding loans. |
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| 70 | + | The Bank may use a portion of the interest paid as a servicing fee to pay for |
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| 71 | + | administrative costs, which may not exceed one-half of one percent of the amount of |
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| 72 | + | the outstanding loans. The fund must be audited annually pursuant to section 6-09-29, |
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| 73 | + | and the cost of the audit must be paid from the fund. |
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| 74 | + | 4.The agricultural diversification and development committee shall develop policies for |
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| 75 | + | grants from the fund to support new or expanding value-added agriculture businesses, |
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| 76 | + | including eligibility criteria, maximum grant amounts, and reporting requirements. |
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| 77 | + | Based on recommendations from the agricultural diversification and development |
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| 78 | + | committee, the agriculture commissioner shall distribute the grant funding. |
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| 79 | + | 5.The agriculture diversification and development committee may use up to five percent |
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| 80 | + | of the funding available in the agriculture diversification and development fund on July |
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| 81 | + | first of each odd - numbered year for administrative expenses related to the agriculture |
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| 82 | + | infrastructure grant program each biennium in - state travel, per diem, and related costs |
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| 83 | + | of administering grants under this section . The agriculture commissioner may |
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| 84 | + | reimburse agriculture diversification and development committee members for in - state |
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| 85 | + | travel, per diem, and related costs incurred associated with the program as authorized |
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| 86 | + | under subsection 2 of section 4.1 - 01.1 - 08 . |
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| 87 | + | Page No. 2 25.1215.02002 |
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57 | | - | expansion of new or existing value-added agriculture businesses. Value-added |
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58 | | - | agriculture businesses include food production or processing facilities; feed or pet food |
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59 | | - | processing facilities; commodity processing facilities; agriculture product |
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60 | | - | manufacturers; and animal agriculture production facilities, including swine, poultry, |
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61 | | - | dairy, and feed lot production facilities. |
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62 | | - | 3.The Bank of North Dakota shall develop policies for loans and interest rate buydowns |
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63 | | - | from the fund in consultation with the agriculture diversification and development |
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64 | | - | committee. The Bank shall review loan applications. To be eligible for a loan under this |
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65 | | - | section, an entity shall agree to provide the Bank with information as requested. The |
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66 | | - | Bank may develop policies for loan participation with local financial institutions. The |
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67 | | - | Bank shall deposit in the fund all principal and interest paid on the outstanding loans. |
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68 | | - | The Bank may use a portion of the interest paid as a servicing fee to pay for |
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69 | | - | administrative costs, which may not exceed one-half of one percent of the amount of |
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70 | | - | the outstanding loans. The fund must be audited annually pursuant to section 6-09-29, |
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71 | | - | and the cost of the audit must be paid from the fund. |
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72 | | - | 4.The agricultural diversification and development committee shall develop policies for |
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73 | | - | grants from the fund to support new or expanding value-added agriculture businesses, |
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74 | | - | including eligibility criteria, maximum grant amounts, and reporting requirements. |
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75 | | - | Based on recommendations from the agricultural diversification and development |
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76 | | - | committee, the agriculture commissioner shall distribute the grant funding. |
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77 | | - | 5.The agriculture diversification and development committee may use funding available |
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78 | | - | in the agriculture diversification and development fund for in - state travel, per diem, and |
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79 | | - | related costs of administering grants under this section. The agriculture commissioner |
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80 | | - | may reimburse agriculture diversification and development committee members for |
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81 | | - | in - state travel, per diem, and related costs incurred associated with the program as |
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82 | | - | authorized under subsection 2 of section 4.1 - 01.1 - 08. |
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88 | | - | Page No. 2 25.1215.04000 |
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| 124 | + | each, arranged so that two terms expire in odd-numbered years and three terms |
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| 125 | + | expire in even-numbered years. |
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| 126 | + | a.Four of the members appointed by the commissioner must be actively engaged |
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| 127 | + | in farming in this state and the fifth member appointed by the commissioner must |
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| 128 | + | be actively engaged in agribusiness in this state. |
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| 129 | + | b.The governor shall appoint one member for a term of two years which expires in |
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| 130 | + | odd-numbered years. |
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| 131 | + | c.The member appointed by the governor must be actively engaged in business in |
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| 132 | + | this state. |
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| 133 | + | d.The remaining committee members must consist of: |
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| 134 | + | (1)One representative from the independent community banks of North |
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| 135 | + | Dakota; |
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| 136 | + | (2)One representative from the North Dakota bankers association; |
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| 137 | + | (3)The commissioner of commerce or the commissioner's designee; |
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| 138 | + | (4)The president of North Dakota state university or the president's designee; |
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| 139 | + | and |
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| 140 | + | (5)The agriculture commissioner or the commissioner's designee. |
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| 141 | + | e.The committee shall elect one of its members as chairman. |
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| 142 | + | 2.The agriculture diversification and development committee shall develop guidelines for |
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| 143 | + | the grants, including eligibility criteria and reporting requirements. The guidelines must |
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| 144 | + | include priority for businesses with a majority of the ownership comprised of North |
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| 145 | + | Dakota residents. The agriculture diversification and development committee shall |
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| 146 | + | review grant applications and make funding determinations. Members of the |
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| 147 | + | committee are entitled to be reimbursed for expenses incurred in the performance of |
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| 148 | + | their duties, in the same manner as other state officials are reimbursed, according to |
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| 149 | + | sections 44-08-04 and 54-06-09. If not otherwise employed by the state of North |
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| 150 | + | Page No. 3 25.1215.02002 |
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121 | | - | each, arranged so that two terms expire in odd-numbered years and three terms |
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122 | | - | expire in even-numbered years. |
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123 | | - | a.Four of the members appointed by the commissioner must be actively engaged |
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124 | | - | in farming in this state and the fifth member appointed by the commissioner must |
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125 | | - | be actively engaged in agribusiness in this state. |
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126 | | - | b.The governor shall appoint one member for a term of two years which expires in |
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127 | | - | odd-numbered years. |
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128 | | - | c.The member appointed by the governor must be actively engaged in business in |
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129 | | - | this state. |
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130 | | - | d.The remaining committee members must consist of: |
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131 | | - | (1)One representative from the independent community banks of North |
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132 | | - | Dakota; |
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133 | | - | (2)One representative from the North Dakota bankers association; |
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134 | | - | (3)The commissioner of commerce or the commissioner's designee; |
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135 | | - | (4)The president of North Dakota state university or the president's designee; |
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136 | | - | and |
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137 | | - | (5)The agriculture commissioner or the commissioner's designee. |
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138 | | - | e.The committee shall elect one of its members as chairman. |
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139 | | - | 2.The agriculture diversification and development committee shall develop guidelines for |
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140 | | - | the grants, including eligibility criteria and reporting requirements. The guidelines must |
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141 | | - | include priority for businesses with a majority of the ownership comprised of North |
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142 | | - | Dakota residents. The agriculture diversification and development committee shall |
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143 | | - | review grant applications and make funding determinations. Members of the |
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144 | | - | committee are entitled to be reimbursed for expenses incurred in the performance of |
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145 | | - | their duties, in the same manner as other state officials are reimbursed, in accordance |
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146 | | - | with sections 44 - 08 - 04 and 54 - 06 - 09. If not otherwise employed by the state of North |
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152 | | - | Page No. 3 25.1215.04000 |
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| 188 | + | the state treasury, not otherwise appropriated, the sum of $15,000,000, which the office of |
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| 189 | + | management and budget shall transfer to the agriculture diversification and development fund, |
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| 190 | + | for the biennium beginning July 1, 2025, and ending June 30, 2027. Of the $15,000,000, up to |
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| 191 | + | $10,000,000 is available for agriculture infrastructure grants to political subdivisions under |
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| 192 | + | section 4.1-01-27. |
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| 193 | + | Page No. 4 25.1215.02002 |
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