O.C.G.A.

O.C.G.A. § 12-6-93 (2019)

Appropriations; agreements between State Forestry Commission and counties; taxation by counties for fire protection

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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.

(b) 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.

(c) Any agreement in existence on July 1, 2010, between a county and the commission providing for a different percentage or amount of

CONSERVATION & NATURAL RES.

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.

(d) Any county may levy a tax to provide the additional funds required for fire protection under this part.

History

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.

Annotations

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, 16. 63C Am. Jur. 2d, Public Funds, § 33 et seq. 71 Am. Jur. 2d, State and Local Taxation, § 95.

C.J.S. - 81A C.J.S., States, §§ 340 et seq. 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 con-

tracts 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.