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and nineteen, such assessment shall be canceled, and if any tax
shall have been paid on account thereof the same shall be re-
funded in the manner provided by article ten of the tax law.
§ 3. This act shall take effect immediately.

Subd. 8

added to L. 1999, ch. 62,

$61.

Chap. 645.

AN ACT to amend the tax law, in relation to information to be furnished the state tax commission by clerks of the board of supervisors.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section sixty-one of chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as last amended by chapter two hundred and seventy-seven of the laws of nineteen hundred and eighteen, is hereby amended by adding a new subdivision, after subdivision seven, to be subdivision eight, to read as follows:

8. The amount of moneys distributed to each tax district in the county by the county treasurer from the proceeds of the franchise tax on business corporations and from the personal income tax. For the purposes of this section it shall be the duty of the county treasurer of each county to file with the clerk of the board of supervisors not later than December first in each year a sworn statement of the moneys apportioned to each tax district in the county from the proceeds of the franchise tax on business corporations and the personal income tax.

§ 2. This act shall take effect immediately.

Chap. 646.

AN ACT to repeal article fifteen of the tax law, relating to tax on investments.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 62,

art. 15, as L. 1916,

added by

ch. 261,

repealed.

Section 1. Article fifteen of chapter sixty-two of the laws of L. 1909, nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as added by chapter two hundred and sixty-one of the laws of nine teen hundred and sixteen, and amended by chapters thirty-nine, seven hundred and eight hundred and eleven of the laws of nineteen hundred and seventeen, is hereby repealed. § 2. This act shall take effect immediately.

Chap. 647.

AN ACT to amend the tax law, in relation to the exemption of intangible personal property.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

added to

ch. 62.

Section 1. Chapter sixty-two of the laws of nineteen hundred 4 and nine, entitled "An act in relation to taxation, constituting L. 1999, chapter sixty of the consolidated laws," is hereby amended by inserting therein a new section, to be section four-a, to read as follows:

§ 4-a. Exemption of intangible personal property. Notwithstanding any provision of this chapter, or of any other general, special or local law, intangible personal property, except shares of stock of banks or banking associations, whether referred to as personal property, capital, capital stock or otherwise, after June thirtieth, nineteen hundred and twenty, shall be exempt from taxation locally for state or local purposes. This exemption shall

!

L. 1909, ch. 62.

§ 45a, as

added by L. 1916,

ch. 334, amended.

be in addition to all other exemptions of personal property from
local taxation, whether based upon the character, ownership or
amount of property. The term "intangible personal property,"
as used in this section, means incorporeal property, including
money, deposits in banks, shares of stock, bonds, notes, credits,
evidences of an interest in property and evidences of debt.
§ 2. This act shall take effect immediately.

Chap. 648.

AN ACT to amend the tax law, in relation to complaints concerning special franchise assessments by the state tax commission.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section forty-five-a of chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as added by chapter three hundred and thirty-four of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

845-a. Hearing on special franchise valuations; notice. On determining the full and actual valuation of a special franchise and the rate of equalization thereof the tax commission shall immediately give notice in writing to the person, copartnership, association or corporation affected, and to each city, town or village in which such special franchise is subject to assessment, stating in substance that such determinations have been made and the total full and actual valuation and the rate of equalization thereof in each city, town and village, and that the commission will meet at its office in the city of Albany on a day specified in such notice, to hear and determine any complaint concerning such full valuation and the rate of equalization. Such notice must be served at least twenty-five days before the day fixed for the hearing; and it may be served on a copartnership, association or 1 Formerly "ten days."

corporation by mailing a copy thereof to it at its principal office or place of business and on a person, either personally or by mailing it to him at his place of business or last known place of residence. In a town said statement shall specify the total amount of the assessment of such special franchise, and the amount thereof in any village or villages therein. If any person, copartnership, association or corporation whose special franchise is assessed or if any city, town or village in which a special franchise is subject to assessment proposes to complain at the hearing concerning the full valuation or rate of equalization as fixed in such statement, such person, copartnership, corporation or association or such city, town or village shall cause a written complaint specifying its objections, to be served on the tax commission at least fifteen days before the day fixed for the hearing. 2Service may be either in person or by mail. Section thirty-seven of this chapter applies so far as practicable to a hearing by the tax commission under this section.

Sept. 1,

2. This act shall take effect September first, nineteen hun- I effect dred and twenty.

1920.

Chap. 649.

AN ACT to amend the tax law, in relation to costs in certiorari

proceedings.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred and ninety-four of chapter sixtytwo of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended to read as follows:

294. Costs. Costs shall not be allowed against the officers whose proceedings may be reviewed under any such writ unless it shall appear to the court that they acted with gross negligence or in bad faith or with malice in making the assessment complained of. If the writ shall be quashed or the assessment confirmed,1 costs and disbursements shall be awarded against the petitioner,

2 Following sentence new.

1 Words "or if the assessment complained of shall be reduced by an amount less than half the reduction claimed before the assessing officers," omitted.

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If the assessment shall be reduced by an amount greater than half the reduction claimed before the assessing officers, costs and disbursements shall be awarded against the tax district represented by the officers whose proceedings may be reviewed. If the assessment shall be reduced by an amount less than half the reduction claimed before the assessing officers, costs and disbursements may, in the discretion of the court, be awarded against the tax district represented by the officers whose proceedings may be reviewed. The costs and disbursements shall not exceed those taxable in an action upon the trial of an issue of fact in the supreme court, except that if evidence shall be taken there shall be included in the taxable costs and disbursements the expense of furnishing to the court or to the referee a copy of the stenographer's minutes of the evidence taken.

§ 2. This act shall take effect immediately.

L. 1909, ch. 63, § 142, as

added by L. 1916, ch. 396,

amended.

Chap. 650.

AN ACT to amend the town law, in relation to application of certain provisions to Suffolk county.

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and forty-two of chapter sixty-three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," as added by chapter three hundred and ninetysix of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

§ 142. Application. This article shall apply to any town having more than five thousand inhabitants in which the assessed valuation of taxable property exceeds five million dollars and which by resolution of the town board, hereafter adopted, shall elect to make its provisions applicable to such town. In Suffolk county any town may by resolution of the town board elect to make the provisions of this article applicable to such town.

2. This act shall take effect immediately.

2 Following sentence new.

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