Resolution No. 31

Requesting Legislation Granting Ulster County Eligibility Under Article 4 Title 2 Section 466-f (L. 2005, C. 324) and Section 466-h (L. 2006, C. 305) Of The State Of New York Real Property Tax Law To Implement A County Local Law In Relation To A Tax Exemption For Un-Remarried Spouses of Volunteer Firefighters or Volunteer Ambulance Workers Killed In The Line Of Duty And For Un-Remarried Spouses Of Deceased Members Of Volunteer Fire Companies, Volunteer Fire Departments, Or Voluntary Ambulance Services

Resolution Information

Status: 
Adopted

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Referred to: The Law Enforcement and Public Safety Committee (Chairman Briggs

and Legislators Fabiano, Lapp, Maio, and Rodriguez), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Bartels, Belfiglio, Briggs,

Maio, and Maloney)

Legislator Craig V. Lopez offers the following:

 

WHEREAS, members of incorporated volunteer fire companies, fire

departments and incorporated voluntary ambulance services provide invaluable

services to the people of Ulster County, and

WHEREAS, these volunteers must undertake numerous hours of training to be

certified and re-certified, on their own time and frequently at their own personal

expense, and

WHEREAS, these volunteers discharge their duties, which are often

dangerous and come at great personal sacrifice to both themselves and to their

families, including the ultimate sacrifice of giving their very lives in service to

others, without the expectation of any personal recognition or reward, and

WHEREAS, it is in the best interest of Ulster County to act to support such

volunteers and their families, to maintain the existing ranks of the volunteer corps, to

recognize long serving members, to honor those that gave their lives in volunteer

ser

 

WHEREAS, in recognition of the service and sacrifices of the eligible

members of an incorporated volunteer fire company, fire department or incorporated

voluntary ambulance service and to further promote the interests of Ulster County in

maintaining and growing participation in such volunteer efforts that are so critical to

its citizens, Ulster County finds it to be in its best interest to extend the said tax

exemption to the un-remarried spouses of members killed in the line of duty and of

deceased members of such incorporated volunteer fire companies, fire departments

and incorporated voluntary ambulance services; now, therefore be it

RESOLVED, that the New York State Legislature and New York State

Governor are requested to pass legislation granting Ulster County eligibility under

Article 4 Title 2 Section 466-f (L. 2005, C. 324) and Section 466-h (L. 2006, C. 305)

Of The State Of New York Real Property Tax Law to implement a County Local

Law in relation to a tax exemption for un-remarried spouses of volunteer firefighters

or volunteer ambulance workers killed in the line of duty and for un-remarried

spouses of deceased members of an incorporated volunteer fire company, fire

department or incorporated voluntary ambulance service; and, be it further

RESOLVED, that the Chairman and the Clerk of the Ulster County

Legislature be authorized to execute and submit a Home Rule Request (Request by a

Local Government for Enactment of a Special Law), pursuant to Article IX of the

Constitution; and, be it further

RESOLVED that the said Home Rule Request ask that the State Legislature

add to Section 466-f (L. 2005, C. 324) of the New York State Real Property Tax Law

the following:

“Any local law or ordinance adopted pursuant to sections four hundred sixty-six, four

hundred sixty-six-a, four hundred sixty-six-b, four hundred sixty-six-c, four hundred

sixty-six-d, four hundred sixty-six-e or four hundred sixty-six-h (L. 2006, C. 250) of

this title may be amended, or a local law, ordinance or resolution may be adopted to

continue any exemption claimed under such statutes by an enrolled member of an 

 

incorporated volunteer fire company, fire department, or incorporated voluntary

ambulance service, to such deceased enrolled member's un-remarried spouse if such

member is killed in the line of duty; provided, however, that:

1. such un-remarried spouse is certified by the authority having jurisdiction for the

incorporated volunteer fire company, fire department or incorporated voluntary

ambulance service as an un-remarried spouse of an enrolled member of such

incorporated volunteer fire company, fire department or incorporated voluntary

ambulance service who was killed in the line of duty, and

2. such deceased volunteer had been an enrolled member for at least five years, and

3. such deceased volunteer had been receiving the exemption prior to his or her

death.”; and, be it further

RESOLVED, that the said Home Rule Request ask that the State Legislature

add to Section 466-h (L. 2006, C. 305) of the New York State Real Property Tax

Law the following:

“Any local law or ordinance adopted pursuant to sections four hundred sixty-six, four

hundred sixty-six-a, four hundred sixty-six-b, four hundred sixty-six-c, four hundred

sixty-six-d, four hundred sixty-six-e, four hundred sixty-six-f, four hundred sixty-sixg or four hundred sixty-six-h (L. 2006, C. 250) of this title may be separately

amended, or a local law, ordinance or resolution may be separately adopted to

continue an exemption or reinstate a pre-existing exemption to an un-remarried

spouse of a deceased enrolled member of an incorporated volunteer fire company,

fire department, or incorporated voluntary ambulance service; provided, however,

that:

1. such un-remarried spouse is certified by the authority having jurisdiction for the

incorporated volunteer fire company, fire department or incorporated voluntary

ambulance service as an un-remarried spouse of a deceased enrolled member of such 

 

incorporated volunteer fire company, fire department or incorporated voluntary

ambulance service, and

2. such deceased volunteer had been an enrolled member for at least twenty years,

and

3. such deceased volunteer and un-remarried spouse had been receiving the

exemption for such property prior to the death of such volunteer.”; and, be it further

RESOLVED, that these intentions be transmitted to New York State Senators

George A. Amedore, John J. Bonacic, William J. Larkin, Jr. and James Seward, and

New York State Assemblymen Kevin A. Cahill, Frank K. Skartados, Brian D. Miller,

and Peter Lopez,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 19 NOES: 0

(Absent: Legislators Gerentine, Maio, Roberts and

 Ronk)

Passed Committee: Law Enforcement and Public Safety on February 13, 2017

Passed Committee: Ways and Means on February 7, 2017

FINANCIAL IMPACT:

NONE 

 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of February in the year Two Thousand and

Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 17th Day of

February in the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of February, 2017. 23rd Day of February, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature 

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Updated: January 31, 2019