Appropriations; Agreements Between State Forestry Commission and Counties; Taxation by Counties for Fire Protection

1. Law
2. Georgia Code
3. Conservation and Natural Resources
4. Forest Resources and Other Plant Life
5. Forest Resources
6. Forest Fire Prevention and Control
7. Appropriations; Agreements Between State Forestry Commission and Counties; Taxation by Counties for Fire Protection

1. The funds required to carry out this part and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia may be provided from annual appropriations made by the General Assembly for this purpose.
2. In the event any county desires forest fire protection, the county shall enter into an agreement with the State Forestry Commission, and such agreement shall provide for the payment to the commission of an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service survey for Georgia.
3. Any agreement in existence on July 1, 2010, between a county and the commission providing for a different percentage or amount of payment shall be changed so as to provide for the payment of an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre.
4. Any county may levy a tax to provide the additional funds required for fire protection under this part.

(Ga. L. 1949, p. 937, § 3; Ga. L. 1950, p. 101, § 1; Ga. L. 1955, p. 309, § 34; Ga. L. 1967, p. 29, § 1; Ga. L. 2010, p. 9, § 1-33/HB 1055.)

The 2010 amendment, effective May 12, 2010, substituted "an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated" for "4 " in the middle of subsection (b) and at the end of subsection (c), and substituted "July 1, 2010" for "July 1, 1967" at the beginning of subsection (c).

Cross references.

- Purposes for which counties may exercise power of taxation, Ga. Const., 1983, Art. IX, Sec. IV, Para. I-III.

OPINIONS OF THE ATTORNEY GENERAL

Commission may agree to payment of nonmerit system personnel by county if the county so desires to make such payment. 1962 Op. Att'y Gen. p. 65.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fires, § 1. 63C Am. Jur. 2d, Public Funds, § 33 et seq. 71 Am. Jur. 2d, State and Local Taxation, § 67.

C.J.S.

- 81A C.J.S., States, §§ 322, 323. 84 C.J.S., Taxation, § 14.

PART 4 FORESTRY RESEARCH

OPINIONS OF THE ATTORNEY GENERAL

Commission's policies fall within exclusions of

§ 50-13-2(6). - Georgia Forest Research Council (now State Forestry Commission) and its policies fall within the exclusions itemized by Ga. L. 1964, p. 338, § 2 (see O.C.G.A. § 50-13-2 (6)) in that they specifically deal with internal operational activities and contracts with other state agencies for the purpose of forestry research as an agency of the state government; therefore, policies of the commission do not come under the provisions of Ga. L. 1964, p. 338, § 1 et seq. (see O.C.G.A. § 50-13-1 et seq.). 1963-65 Op. Att'y Gen. p. 772.

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