Senate Bill 2867

AN ACT TO AMEND SECTION 27-35-165, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE WORK OF PRIVATE FIRMS WITH WHOM A COUNTY CONTRACT TO REAPPRAISE PROPERTY SHALL BE UNDER THE DIRECTION OF THE COUNTY TAX COLLECTOR; TO PROVIDE THAT ALL PERSONNEL EMPLOYED OR OTHERWISE ENGAGED BY SUCH PRIVATE FIRM TO APPRAISE PROPERTY SHALL BE STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE THAT THE WORK PRODUCT OF ANY CONTRACT REGARDING REAPPRAISAL SHALL BE CERTIFIED BY THE COUNTY TAX ASSESSOR AS COMPLETE AND CORRECT; TO PROVIDE THAT NO PAYMENT OR PARTIAL PAYMENT SHALL BE MADE UNLESS THE CERTIFICATION BY THE COUNTY TAX ASSESSOR IS FIRST SPREAD UPON THE MINUTES OF THE BOARD OF SUPERVISORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-35-165, Mississippi Code of 1972, is amended as follows:

27-35-165. (1) No county shall expend funds for the reappraisal of property or for property appraisal updates unless the plans for reappraisal or the contract for reappraisal is in conformity with the then existing rules and regulations of the State Tax Commission and has been approved by the State Tax Commission.

(2) * * * Reappraisals by a county may be accomplished by:

(a) Contracting with private firms for performance of the work;

(b) Hiring private consultants to perform certain functions of the work * * *; or

(c) Employing, schooling and training county employees to perform all of the work under the supervision of the tax assessor.

(3) (a) All contracts made pursuant to subsection (2)(a) of this section shall require that the contractor furnish a payment and performance bond in an amount not less than one hundred percent (100%) of the contract price, which bond shall be conditioned, in part, to guarantee successful completion of the contract and may be conditioned upon payment of the cost of defense of any suits which may be brought against the county, the board of supervisors or the assessor arising out of such reappraisal for a period of one (1) year after completion thereof.

(b) All work performed under a contract with a private firm pursuant to subsection (2)(a) of this section shall be under the direction of the county tax assessor and all personnel employed or otherwise engaged by such private firm to appraise property shall be state certified real estate appraisers as defined in Section 74-34-3.

(4) Each county engaged in reappraisal of property shall submit such periodic reports to the State Tax Commission as the commission may require. If, at any time, the State Tax Commission determines that the reappraisal or property appraisal update is not in conformity to the approved plan or contract, the commission shall notify the affected board of supervisors of the deficiencies and the board shall take action acceptable to the commission to correct the deficiencies within thirty (30) days or make no further expenditures on the project until the necessary corrective actions are approved by the commission.

(5) The work product of any contract regarding reappraisal shall be certified by the county tax assessor as complete and correct. No payment or partial payment for any work done on any contract for reappraisal shall be made unless the certification of the work product by the county tax assessor is first spread upon the minutes of the board of supervisors. Upon payment for any work done on any contract regarding reappraisal, the work product for which payment is made shall become the property of the county.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.