Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

Chapter 3. Assessment Generally

Article 9. Consultant Contracts

Section 674

674. Requirements. (a) All contracts for the performance of appraisal work for assessors by any person who is not an employee of the state, any county, or any city shall be entered into only after at least two competitive bids and shall be entered into either on a fixed fee basis or on the basis of an hourly rate with a maximum dollar amount.

(b) In addition to any provision in the Real Estate Appraisers' Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code), a contractor shall maintain the confidentiality of assessee information and records as provided in Sections 408, 451, and 481 that is obtained in performance of the contract.

(1) A request for information and records from an assessee shall be made by the assessor. The assessor may authorize a contractor to request additional information or records, if needed. However, a contractor shall not request that information or records without the written authorization of the assessor.

(2) A contractor shall not provide appraisal data in his or her possession to the assessor or a contractor of another county who is not a party to the contract. An assessor may provide that data to the assessor of another county as provided in subdivision (b) of Section 408.

(c) A contractor may not retain information contained in, or derived from, an assessee's confidential information and records after the conclusion, termination, or nonrenewal of the contract. Within 90 days of the conclusion, termination, or nonrenewal of the contract, the contractor shall:

(1) Purge and return to the assessor any assessee records, whether originals, copies, or electronically stored, provided by the assessor or otherwise obtained from the assessee.

(2) Provide a written declaration to the assessor that the contractor has complied with this subdivision.

(d) All contracts entered into pursuant to subdivision (a) shall include a provision incorporating the requirements of subdivisions (b) and (c). This provision of the contract shall use language that is prescribed by the State Board of Equalization.

(e) For purposes of this section, a "contractor" means any person who is not an employee of the state, any county, or any city who performs appraisal work pursuant to a contract with an assessor.

History.—Added by Stats. 1988, Ch. 1534, in effect January 1, 1989. Stats. 2000, Ch. 647 (SB 2170), in effect January 1, 2001, designated the former first paragraph as subdivision (a) and substituted "person" for "individual" after "by any" in the first sentence therein; and added subdivisions (b), (c), (d), and (e).

Note.—Section 2 of Stats. 1988, Ch. 1534, provided that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution. Sec. 3 thereof provided that this act shall apply to contracts entered into on and after January 1, 1989. Sec. 4 thereof provided that it is the intent of the Legislature that the provisions of this act shall have no effect upon the constitutional, statutory, and regulatory mandates for determining "full cash value" and it shall remain the primary responsibility of assessors to ensure that appraisals and enrolled values are neither overstated nor understated.