Text: SF00344                           Text: SF00346
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Senate File 345

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 456A.20, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3.  a.  The department shall, by rule
  1  4 pursuant to chapter 17A, annually establish nursery stock
  1  5 prices for the sale of nursery stock at private sale that
  1  6 reflect both the actual costs to the state, as required by
  1  7 generally accepted accounting principles, of producing and
  1  8 selling the nursery stock and the additional estimated private
  1  9 enterprise costs, as required by generally accepted accounting
  1 10 principles, that would be incurred if the state was a private
  1 11 enterprise producing and selling similar nursery stock.
  1 12 Private enterprise costs include but are not limited to the
  1 13 following:
  1 14    (1)  The cost or value of the land on which the nursery
  1 15 stock is produced.
  1 16    (2)  The cost or value of the buildings and equipment used.
  1 17    (3)  Repair and rehabilitation costs of the buildings and
  1 18 equipment used.
  1 19    (4)  Personal property and corporate income taxes.
  1 20    (5)  Loan and interest costs.
  1 21    (6)  Salary and benefit costs of personnel.
  1 22    (7)  Insurance costs.
  1 23    b.  The department shall prepare an annual report at the
  1 24 end of the fiscal year that contains all of the following:
  1 25    (1)  A projection of the demand for nursery stock of each
  1 26 variety and size available for private sale, for the next
  1 27 year.
  1 28    (2)  A projection of the demand for nursery stock of each
  1 29 variety and size available for private sale, for the next five
  1 30 years, updated annually.
  1 31    (3)  Sales information concerning the moneys received by
  1 32 the department from the sale that year of nursery stock,
  1 33 including the variety and size and amount of each kind of
  1 34 nursery stock sold.
  1 35    (4)  A projection of the number of each variety and size of
  2  1 nursery stock from any source, that will be produced for sale
  2  2 and will be sold to be planted in the next year on federal,
  2  3 state, and county lands and on other lands pursuant to state
  2  4 and federal cost-sharing programs.
  2  5    (5)  Sales information concerning the actual number of each
  2  6 variety and size of nursery stock from any source that was
  2  7 produced for sale and was planted that year on federal, state,
  2  8 and county lands and on other lands pursuant to state and
  2  9 federal cost-sharing programs.
  2 10    c.  The department may sell nursery stock from state
  2 11 nurseries at private sale as otherwise allowed by statute, but
  2 12 the department shall not sell nursery stock at private sale in
  2 13 an amount that exceeds twenty-eight percent of the total
  2 14 demand projected for that year by the department for the uses
  2 15 set forth under paragraph "b", subparagraph (4).
  2 16    d.  If the department sells nursery stock at private sale
  2 17 during any year that exceeds twenty-eight percent of the
  2 18 nursery stock that was actually sold that year for the uses
  2 19 set forth under paragraph "b", subparagraph (4), the
  2 20 department shall reduce the amount of nursery stock available
  2 21 for sale for the following year by the same amount that
  2 22 private sales exceeded the allowable amount for the previous
  2 23 year.  If the department sells nursery stock at private sale
  2 24 during the previous year that is twenty-eight percent or less
  2 25 of the nursery stock that was actually sold that year for the
  2 26 uses set forth under paragraph "b", subparagraph (4), the
  2 27 department shall continue to meet the requirements of
  2 28 paragraph "c" for the following year without any adjustments.  
  2 29                           EXPLANATION
  2 30    This bill relates to the private sale of nursery stock by
  2 31 state nurseries.  The bill provides that the department of
  2 32 natural resources, by rule adopted pursuant to Code chapter
  2 33 17A, shall annually establish nursery stock prices for the
  2 34 sale of nursery stock at private sale that reflect both the
  2 35 actual costs to the state of producing and selling the nursery
  3  1 stock and the additional estimated private enterprise costs of
  3  2 producing and selling similar nursery stock that would be
  3  3 incurred if the state was a private enterprise.
  3  4    "Private enterprise costs" are defined to include but are
  3  5 not limited to the cost or value of land on which the nursery
  3  6 stock is produced, the cost or value of buildings and
  3  7 equipment used, repair and rehabilitation costs of buildings
  3  8 and equipment used, personal property and corporate income
  3  9 taxes, loan and interest costs, salary and benefit costs of
  3 10 personnel, and insurance costs.
  3 11    The bill also requires the department to prepare an annual
  3 12 report at the end of each fiscal year that contains a
  3 13 projection of the demand for nursery stock available for
  3 14 private sale for the following year; a projection of the
  3 15 demand for nursery stock available for private sale for the
  3 16 next five years, updated annually; sales information
  3 17 concerning the moneys received by the department from the sale
  3 18 of nursery stock; a projection of the number of each variety
  3 19 and size of nursery stock available from any source that will
  3 20 be produced for sale and will be sold in the next year to be
  3 21 planted on federal, state, and county lands and on other lands
  3 22 pursuant to state and federal cost-sharing programs; and
  3 23 information concerning the actual number of each variety and
  3 24 size of nursery stock available from any source that was
  3 25 produced for sale and was sold that year to be planted on
  3 26 federal, state, and county lands and on other lands pursuant
  3 27 to state and federal cost-sharing programs.
  3 28    The bill provides that the department may sell nursery
  3 29 stock from state nurseries as otherwise allowed by statute,
  3 30 but the department shall not sell nursery stock at private
  3 31 sale in an amount that exceeds 28 percent of the total demand
  3 32 projected for that year by the department to be planted on
  3 33 federal, state, and county lands and on other lands pursuant
  3 34 to state and federal cost-sharing programs.
  3 35    The bill also provides that if the department sells nursery
  4  1 stock at private sale in an amount that exceeds the allowable
  4  2 percentage of the nursery stock that was actually sold that
  4  3 year to be planted on federal, state, and county lands and on
  4  4 other lands pursuant to state and federal cost-sharing
  4  5 programs, the department shall reduce the amount of nursery
  4  6 stock available for sale for the following year by the same
  4  7 amount that private sales exceeded the allowable amount for
  4  8 the previous year.  If the department sells less nursery stock
  4  9 at private sale during the previous year than the allowable
  4 10 percentage of actual amounts sold, the department is still
  4 11 limited by the allowable percentage requirements without any
  4 12 adjustment.  
  4 13 LSB 2542SS 80
  4 14 av/cl/14
     

Text: SF00344                           Text: SF00346
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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