Section 1439-O. Returns to be secret


Latest version.
  • 1. Except in accordance with proper
      judicial order or as otherwise provided by law, it shall be unlawful for
      the treasurer or any officer or employee of the county  of  Columbia  or
      any person engaged or retained by such county on an independent contract
      basis  to  divulge or make known in any manner the particulars set forth
      or disclosed in any return required under a local law  enacted  pursuant
      to  this  article.  However, that nothing in this section shall prohibit
      the recording officer from making a notation on an instrument  effecting
      a  conveyance  indicating the amount of tax paid. No recorded instrument
      effecting a conveyance shall be considered a return for purposes of this
      section.
        2. The officers charged with the custody of such returns shall not  be
      required  to  produce  any  of them or evidence of anything contained in
      them in any action or proceeding in any court, except on behalf  of  the
      county in any action or proceeding involving the collection of a tax due
      under  a local law enacted pursuant to this article to which such county
      or an officer or employee of such county is a party or a claimant, or on
      behalf of any party to any action or proceeding under the provisions  of
      a  local  law enacted pursuant to this article when the returns or facts
      shown thereby are directly involved in such action or proceeding, in any
      of which events the court may require the production of, and  may  admit
      in  evidence,  so much of said returns or of the facts shown thereby, as
      are pertinent to the action or proceeding and no more.
        3. Nothing herein shall be construed to prohibit  the  delivery  to  a
      grantor  or  grantee of an instrument effecting a conveyance or the duly
      authorized representative of a grantor or grantee of a certified copy of
      any return filed in connection with such instrument or to  prohibit  the
      publication of statistics so classified as to prevent the identification
      of  particular  returns  and the items thereof, or the inspection by the
      legal representatives of such county of the return of any  taxpayer  who
      shall bring action to set aside or review the tax based thereon.
        4.  Any  officer or employee of such county who willfully violates the
      provisions of this  section  shall  be  dismissed  from  office  and  be
      incapable  of  holding  any  public office in this state for a period of
      five years thereafter.
        * NB Repealed December 31, 2011
        * NB There are 3 § 1439-o's