17-06 Ethanol Council
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<![CDATA[CHAPTER 17-06ETHANOL COUNCIL17-06-01. Definitions. As used in this chapter:1."Council" means the North Dakota ethanol council.2."Producer" means the owner of a facility that is located in this state and which<br>produces annually more than one million gallons of agriculturally derived denatured<br>ethanol that is suitable for blending with a petroleum product for use in internal<br>combustion engines.17-06-02. Council - Membership - Election - Term.1.The council consists of one individual appointed by each producer.2.Each member of the council must be a resident of this state and employed by a<br>producer.3.The term of each member is four years and begins on April first following the<br>members' appointment. The terms must be staggered by the council to ensure that<br>an approximately equal number of appointments expire each year.4.If at any time during a member's term the member ceases to possess any of the<br>qualifications provided by this section, the member's office is deemed vacant and<br>the producer who appointed that member shall appoint another qualified individual<br>for the remainder of the term.5.A member may not serve more than two consecutive terms.If an individual isappointed to complete a vacancy, that service is not counted as a term for purposes<br>of this section unless the duration of that service exceeds one year.17-06-03. Election of chairman - Meetings.1.Annually, the council shall elect one member to serve as the chairman.2.The chairman shall call all meetings of the council and shall call a special meeting of<br>the council within seven days when petitioned to do so by three council members.17-06-04. Council members - Compensation. Each member of the council is entitledto receive compensation in the amount established by the council, but not exceeding one<br>hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state<br>officers if the member is attending meetings or performing duties directed by the council.17-06-05. Council - Powers.1.The council may:a.Expend moneys collected pursuant to this chapter for its administration;b.Employ, bond, and compensate necessary personnel;c.Accept gifts, grants, and donations of money, property, and services to carry<br>out this chapter;d.Contract with any person for any purpose permitted under this chapter.e.Sue and be sued; andPage No. 1f.Do all things necessary and proper to enforce and administer this chapter.2.The council may not engage in a commercial business enterprise.17-06-06. Council - Duties.1.The council shall determine the uses to which any moneys raised under this chapter<br>may be expended. The uses may include:a.The funding of research, education programs, promotion, and market<br>development efforts; andb.The support of state, regional, national, and international entities that promote<br>ethanol utilization.2.The council shall develop and disseminate information regarding the purpose of the<br>ethanol assessment and ways in which the assessment benefits producers.17-06-07. Assessment. An assessment at the rate of three one-hundredths of one centper gallon is imposed upon all ethanol produced and sold in this state.17-06-08. Calculation of assessment - Records.1.Each producer shall calculate the assessment imposed by section 17-06-07 at the<br>time of sale.2.Each producer shall keep documents regarding its ethanol production and sales for<br>a period of three years. The producer shall make these records available to the<br>council for examination upon request.3.No later than thirty days after the conclusion of each calendar quarter, each<br>producer shall file with the council a report stating the quantity of ethanol produced<br>and the quantity sold during the preceding quarter.17-06-09. Submission of assessments - Civil penalty.1.Each producer shall forward to the council all assessments imposed by section<br>17-06-07 within thirty days after the conclusion of each calendar quarter.2.If a producer fails to submit the assessments as required by this section, the council<br>may impose a penalty equal to ten percent of the amount due, plus interest at the<br>rate of twelve percent per annum from the due date.17-06-10. Refund of assessment.1.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the council a written request for a refund application within<br>sixty days after the conclusion of each calendar quarter.2.The producer shall complete the refund application and return the application to the<br>council, together with a record of the assessment collected, within ninety days after<br>the conclusion of each calendar quarter.The council shall then refund the netamount of the assessment that had been collected.3.If a request for a refund is not submitted to the council within the prescribed time<br>period, the producer is presumed to have agreed to the assessment.Page No. 217-06-11.Expenditure of funds.The council shall approve all expenditures madepursuant to this chapter.The expenditures must be recorded as directed by the office ofmanagement and budget.17-06-12. Continuing appropriation. The council shall forward all moneys receivedunder this chapter to the state treasurer for deposit in the ethanol fund. All moneys in the ethanol<br>fund are appropriated on a continuing basis to the council to carry out this chapter.17-06-13.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 3Document Outlinechapter 17-06 ethanol council]]>