38202. During December, 1978, and December of each subsequent year,
after public hearings, the board shall adjust the yield tax rate to
the nearest one-tenth of 1 percent in the same proportion that the
average rate of general property taxation in the rate adjustment
counties in the current tax year differs from the average rate of
general property taxation in the rate adjustment counties in the
preceding tax year. The board shall compute the average rate of
general property taxation in the rate adjustment counties by (a)
adding the county, city, school district, and other general taxes,
but not the special taxes on intangibles, aircraft, or any other
property, which is subject to a uniform statewide tax rate, nor
special assessments, and (b) dividing the amount obtained by the
total assessed valuation in the rate adjustment counties, exclusive
of the homeowners' and business inventory exemptions, as shown by the
county tax rolls for the same year.
"Total assessed valuation," as used in this section, does not
include the assessment of property which is subject to a uniform
statewide tax rate.
"Special assessment" as used in this section, means any amount
levied solely against land or land and improvements.
When calculating the yield tax rate for the 1981-82 fiscal year,
the 1980-81 average rate of general property taxation should first be
divided by four.
38203. On or before December 31, 1978, and on or before December 31
of each year thereafter, the board shall certify to the Director of
Finance and to the Legislature the rate determined pursuant to
Section 38202, and such rate shall be the yield tax rate applied
under Section 38115 for the 12-month period beginning on the next
succeeding January 1.
38204. (a) On or before December 31, 1976, and periodically
thereafter as determined by the board, the board after consultation
with the Timber Advisory Committee and after public hearings held
pursuant to the Administrative Procedure Act, shall designate areas
containing timber having similar growing, harvesting, and marketing
conditions to be used as timber value areas for the preparation and
application of immediate harvest values. The board may designate
areas for timber standing on lands owned by local agencies and on
timberland as defined in Section 51104 of the Government Code and
designate separate areas for timber standing on national forest lands
owned by the United States government. On or before March 1, 1977,
for timber harvested between April 1 and December 31, 1977, and on or
before December 31, 1977, and on June 30 and December 31 of each
year thereafter for timber harvested during the succeeding two
calendar quarters, the board, after consultation with the Timber
Advisory Committee, shall estimate the immediate harvest values of
each species or subclassification of timber within those areas as of
the initial date of the period. These values shall be determined
under rules adopted pursuant to the Administrative Procedure Act from
the best evidence available, including (1) gross proceeds from sales
on the stump of similar timber of like quality and character at
similar locations, or (2) gross proceeds from sales of logs, or of
finished products, adjusted to reflect only the portion of those
proceeds attributable to value on the stump immediately prior to
harvest, or a combination of (1) and (2), and shall be determined in
a manner that makes reasonable allowance for differences in age,
size, quality, cost of removal, accessibility to point of conversion,
market conditions and other relevant factors.
(b) The board, either on its own motion after consultation with
the Timber Advisory Committee or in response to application from a
timber owner, may modify the immediate harvest values to reflect
material changes in timber values that result from fire, blowdown,
ice storm, flood, disease, insect damage or other cause, for any area
or part thereof in which damaged timber is located. The board shall
specify any additional accounting or other requirements to be
complied with in reporting and paying the tax on that timber.
38202. During December, 1978, and December of each subsequent year,
after public hearings, the board shall adjust the yield tax rate to
the nearest one-tenth of 1 percent in the same proportion that the
average rate of general property taxation in the rate adjustment
counties in the current tax year differs from the average rate of
general property taxation in the rate adjustment counties in the
preceding tax year. The board shall compute the average rate of
general property taxation in the rate adjustment counties by (a)
adding the county, city, school district, and other general taxes,
but not the special taxes on intangibles, aircraft, or any other
property, which is subject to a uniform statewide tax rate, nor
special assessments, and (b) dividing the amount obtained by the
total assessed valuation in the rate adjustment counties, exclusive
of the homeowners' and business inventory exemptions, as shown by the
county tax rolls for the same year.
"Total assessed valuation," as used in this section, does not
include the assessment of property which is subject to a uniform
statewide tax rate.
"Special assessment" as used in this section, means any amount
levied solely against land or land and improvements.
When calculating the yield tax rate for the 1981-82 fiscal year,
the 1980-81 average rate of general property taxation should first be
divided by four.
38203. On or before December 31, 1978, and on or before December 31
of each year thereafter, the board shall certify to the Director of
Finance and to the Legislature the rate determined pursuant to
Section 38202, and such rate shall be the yield tax rate applied
under Section 38115 for the 12-month period beginning on the next
succeeding January 1.
38204. (a) On or before December 31, 1976, and periodically
thereafter as determined by the board, the board after consultation
with the Timber Advisory Committee and after public hearings held
pursuant to the Administrative Procedure Act, shall designate areas
containing timber having similar growing, harvesting, and marketing
conditions to be used as timber value areas for the preparation and
application of immediate harvest values. The board may designate
areas for timber standing on lands owned by local agencies and on
timberland as defined in Section 51104 of the Government Code and
designate separate areas for timber standing on national forest lands
owned by the United States government. On or before March 1, 1977,
for timber harvested between April 1 and December 31, 1977, and on or
before December 31, 1977, and on June 30 and December 31 of each
year thereafter for timber harvested during the succeeding two
calendar quarters, the board, after consultation with the Timber
Advisory Committee, shall estimate the immediate harvest values of
each species or subclassification of timber within those areas as of
the initial date of the period. These values shall be determined
under rules adopted pursuant to the Administrative Procedure Act from
the best evidence available, including (1) gross proceeds from sales
on the stump of similar timber of like quality and character at
similar locations, or (2) gross proceeds from sales of logs, or of
finished products, adjusted to reflect only the portion of those
proceeds attributable to value on the stump immediately prior to
harvest, or a combination of (1) and (2), and shall be determined in
a manner that makes reasonable allowance for differences in age,
size, quality, cost of removal, accessibility to point of conversion,
market conditions and other relevant factors.
(b) The board, either on its own motion after consultation with
the Timber Advisory Committee or in response to application from a
timber owner, may modify the immediate harvest values to reflect
material changes in timber values that result from fire, blowdown,
ice storm, flood, disease, insect damage or other cause, for any area
or part thereof in which damaged timber is located. The board shall
specify any additional accounting or other requirements to be
complied with in reporting and paying the tax on that timber.
38202. During December, 1978, and December of each subsequent year,
after public hearings, the board shall adjust the yield tax rate to
the nearest one-tenth of 1 percent in the same proportion that the
average rate of general property taxation in the rate adjustment
counties in the current tax year differs from the average rate of
general property taxation in the rate adjustment counties in the
preceding tax year. The board shall compute the average rate of
general property taxation in the rate adjustment counties by (a)
adding the county, city, school district, and other general taxes,
but not the special taxes on intangibles, aircraft, or any other
property, which is subject to a uniform statewide tax rate, nor
special assessments, and (b) dividing the amount obtained by the
total assessed valuation in the rate adjustment counties, exclusive
of the homeowners' and business inventory exemptions, as shown by the
county tax rolls for the same year.
"Total assessed valuation," as used in this section, does not
include the assessment of property which is subject to a uniform
statewide tax rate.
"Special assessment" as used in this section, means any amount
levied solely against land or land and improvements.
When calculating the yield tax rate for the 1981-82 fiscal year,
the 1980-81 average rate of general property taxation should first be
divided by four.
38203. On or before December 31, 1978, and on or before December 31
of each year thereafter, the board shall certify to the Director of
Finance and to the Legislature the rate determined pursuant to
Section 38202, and such rate shall be the yield tax rate applied
under Section 38115 for the 12-month period beginning on the next
succeeding January 1.
38204. (a) On or before December 31, 1976, and periodically
thereafter as determined by the board, the board after consultation
with the Timber Advisory Committee and after public hearings held
pursuant to the Administrative Procedure Act, shall designate areas
containing timber having similar growing, harvesting, and marketing
conditions to be used as timber value areas for the preparation and
application of immediate harvest values. The board may designate
areas for timber standing on lands owned by local agencies and on
timberland as defined in Section 51104 of the Government Code and
designate separate areas for timber standing on national forest lands
owned by the United States government. On or before March 1, 1977,
for timber harvested between April 1 and December 31, 1977, and on or
before December 31, 1977, and on June 30 and December 31 of each
year thereafter for timber harvested during the succeeding two
calendar quarters, the board, after consultation with the Timber
Advisory Committee, shall estimate the immediate harvest values of
each species or subclassification of timber within those areas as of
the initial date of the period. These values shall be determined
under rules adopted pursuant to the Administrative Procedure Act from
the best evidence available, including (1) gross proceeds from sales
on the stump of similar timber of like quality and character at
similar locations, or (2) gross proceeds from sales of logs, or of
finished products, adjusted to reflect only the portion of those
proceeds attributable to value on the stump immediately prior to
harvest, or a combination of (1) and (2), and shall be determined in
a manner that makes reasonable allowance for differences in age,
size, quality, cost of removal, accessibility to point of conversion,
market conditions and other relevant factors.
(b) The board, either on its own motion after consultation with
the Timber Advisory Committee or in response to application from a
timber owner, may modify the immediate harvest values to reflect
material changes in timber values that result from fire, blowdown,
ice storm, flood, disease, insect damage or other cause, for any area
or part thereof in which damaged timber is located. The board shall
specify any additional accounting or other requirements to be
complied with in reporting and paying the tax on that timber.
