Section 1448-U. 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 Essex  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.