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-25.1292.02000
+25.1292.03000
 Sixty-ninth
 Legislative Assembly
 of North Dakota
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 resources by supporting a lignite research, development, and marketing program that promotes
 economic, efficient, and clean uses of lignite and products derived from lignite in order to
 maintain and enhance development of North Dakota lignite and its products; support
+Page No. 1 25.1292.03000
+ HOUSE BILL NO. 1592
+HOUSE BILL NO. 1592
+with Senate Amendments
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 educational activities relating to the lignite industry; preserve and create jobs involved in the
 production and utilization of North Dakota lignite; ensure economic stability, growth, and
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- HOUSE BILL NO. 1592
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 opportunity in the lignite industry; defend through litigation activities the production, use, and
 continued development of lignite as a vital state natural resource; and maintain a stable and
 competitive tax base for our state's lignite industry for the general welfare of North Dakota. The
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 with the lignite research council established by executive order in matters of policy
 affecting the administration of the lignite research fund, including holding regularly
 scheduled grant meetings and activities, receiving formal written recommendations
-from the council, and providing opportunities for the council to review and provide
-input on proposed policies. Section 44-03-04 does not apply to members of the council
-appointed by the governor.
+from the lignite research council, and providing opportunities for the lignite research
+council to review and provide input on proposed policies. Section 44-03-04 does not
+apply to members of the lignite research council appointed by the governor.
 2. The lignite research council is composed of twenty-four members appointed by the
 governor from a list provided by the lignite energy council and two members of the
 legislative assembly appointed by the chairman of the legislative management. The
-governor may reject the list and request the council submit a new list until the
-appointments are made. The council consists of:
+governor may reject the list and request the lignite energy council submit a new list
+until the appointments are made. The lignite research council consists of:
 a. Six members representing lignite processing;
 b. Three members representing lignite research;
 c. Four members representing state agencies involved with lignite activities;
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 f. One member representing political subdivisions;
 g. Two members representing transmission interests;
 h. One Native American tribal representative; and
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 i. Two members representing landowners.
-3. The council shall elect its chairman from among its members.
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-4. The council shall elect a vice chairman and five members from among its members to
-serve as an executive committee, to act on behalf of the council between council
-meetings. The executive committee shall meet at the request of the chairman.
-5. The council shall meet at least twice a year and additional meetings as the chairman
-determines necessary at a time and place to be fixed by the chairman. A special
-meeting must be called by the chairman on written request of any three members. A
-majority of active members constitutes a quorum.
-6. The council shall recommend to the industrial commission the approval of grants,
-loans, or other financial assistance necessary or appropriate for funding, research,
-development, marketing, and educational projects, or activities, and any other matters
-related to this chapter.
-7. Members of the council appointed by the governor serve at the pleasure of the
-governor.
-8. A member of the council who is a member of the legislative assembly is entitled to
-receive per diem compensation at the rate as provided under section 54  -  35  -  10 for
-each day devoted to attending meetings or performing other duties relating to the
-official business of the council. The legislative council shall pay the per diem
-compensation and reimbursement for travel and expenses as provided by law for any
-member of the commission who is a member of the legislative assembly.
+3. The lignite research council shall elect its chairman and vice chairman from among its
+members.
+4. The lignite research council shall elect   five members from among its members to
+serve with the chairman and vice chairman as an executive committee, to act on
+behalf of the lignite research council between lignite research council meetings. The
+executive committee shall meet at the request of the chairman.
+5. The lignite research council shall meet at least twice a year and additional meetings as
+the chairman determines necessary at a time and place to be fixed by the chairman. A
+special meeting must be called by the chairman on written request of any three
+members. A majority of active members constitutes a quorum.
+6. The lignite research council shall recommend to the industrial commission the
+approval of grants, loans, or other financial assistance necessary or appropriate for
+funding, research, development, marketing, and educational projects, or activities, and
+any other matters related to this chapter.
+7. Members of the lignite research council appointed by the governor serve at the
+pleasure of the governor.
+8. A member of the lignite research council who is a member of the legislative assembly
+is entitled to receive per diem compensation at the rate as provided under section
+54  -  35  -  10 for each day devoted to attending meetings or performing other duties
+relating to the official business of the lignite research council. The legislative council
+shall pay the per diem compensation and reimbursement for travel and expenses as
+provided by law for any member of the   lignite research council who is a member of the
+legislative assembly.
 SECTION 3. AMENDMENT. Section 54-17.5-03 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-17.5-03. Priority projects, processes, and activities.
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 lignite research, development, and marketing program, the industrial commission and
 lignite research council shall give priority to those projects, processes, or activities that
 will preserve existing jobs and production, which will create the greatest number of
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 new jobs and most additional lignite production and economic growth potential in
 coal-producing counties or those counties with recoverable coal reserves, which will
 attract matching private industry investment equal to at least fifty percent or more of
 the total cost, and which will result in development and demonstration of a marketable
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 lignite product or products with a high level of probability of near term
 commercialization.
 2. For marketing applications, priority must be given to those projects, processes, or
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 necessary or appropriate, to qualified persons for research, development, and
 marketing projects, processes, or activities directly related to lignite and products
 derived from lignite.
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 2. To make and execute contracts and all other instruments necessary or convenient for
 the performance of its powers and functions under this chapter, including the authority
 to contract for the administration of the lignite research, development, and marketing
 program.
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-3. To issue evidences of indebtedness as authorized in this chapter and to borrow money
+3. To allocate sufficient funding from the lignite research, development, and marketing
+program to retain a technical advisor, as determined necessary by the lignite research
+council, to support program operations and provide expert analysis, project evaluation,
+research coordination, and industry engagement to advance the objective of the lignite
+research program and ensure the effective and strategic use of program funds.
+4. To issue evidences of indebtedness as authorized in this chapter and to borrow money
 in an amount not to exceed six million dollars from the Bank of North Dakota for a
 period not to exceed five years on the terms and conditions as the Bank of North
 Dakota and the industrial commission may approve without the necessity of
 establishing or maintaining any reserve fund as otherwise required by section
 54-17.5-05.
-4. To receive and accept aid, grants, or contributions of money or other things of value
+4.5. To receive and accept aid, grants, or contributions of money or other things of value
 from any source to be held, used, and applied to carry out the purposes of this
 chapter, subject to the conditions upon which the aid, grants, or contributions are
 made, including aid, grants, or contributions from any department, agency, or
 instrumentality of the United States for any purpose consistent with the provisions of
 this chapter.
-5. To issue and sell evidences of indebtedness in an amount or amounts as the
+5.6. To issue and sell evidences of indebtedness in an amount or amounts as the
 commission may determine, plus costs of issuance, financing, and any evidences of
 indebtedness funded reserve funds required by agreements with or for the benefit of
 holders of the evidences of indebtedness for the purpose of funding research,
 development, and marketing projects, processes, or activities directly related to lignite
 and products derived from lignite.
-6. To refund and refinance its evidences of indebtedness from time to time as often as it
+6.7. To refund and refinance its evidences of indebtedness from time to time as often as it
 is advantageous and in the public interest to do so, and to pledge any and all income
 and revenues derived by the commission under this chapter or from a project,
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 process, or activity funded under this chapter to secure payment or redemption of the
 evidences of indebtedness.
-7. To keep accurate records of all financial transactions performed under this chapter.
-8. To adopt and enforce policies, rules, and orders to effectuate the purpose of this
-chapter.
+8. To keep accurate records of all financial transactions performed under this chapter.
+9. To adopt and enforce policies   to effectuate the purpose of this chapter.
 SECTION 5. AMENDMENT. Section 54-17.5-06 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-17.5-06. Access to commission records.
 1. Materials and data submitted to, or made or received by, the commission, to the extent
 that the commission determines the materials or data consist of trade secrets or
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 commercial, financial, or proprietary information of individuals or entities applying to or
 contracting with the commission or receiving commission services under this chapter,
 are not public records subject to section 44  -  04  -  18 and section     6 of article     XI of the
-Constitution of North Dakota, and are subject to section 44-04-18.4.
+Constitution of North Dakota are subject to section 44-04-18.4.
 2. A person or entity must file a request with the commission to have material designated
 as confidential under subsection 1. A request to have material designated as
 confidential is exempt as defined in section 44-04-17.1. The request must contain any
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 hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If
 the commission determines the information is either not relevant or not a trade secret,
 the commission shall notify the requester and the requester may ask for the return of
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 the information and request within ten days of the notice. If no return is sought, the
 information and request are a public record.
 4. The names or identities of independent technical reviewers on any project or program
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 confidential and may not be disclosed by the commission, and are not public records
 subject to section 44  -  04  -  18 or section     6 of article     XI of the Constitution of North
 Dakota.
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