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