Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Richard Parete and Legislators Archer, Donaldson, Roberts, and Ronk)

Legislator Mary Wawro and Legislators Belfiglio, Fabiano, Gerentine, Litts, Lopez,

Maio, Maloney, Roberts, and Ronk offer the following:

WHEREAS, Chapter 1 of the laws of 2013, known as the New York Secure

Ammunition and Firearms Enforcement Act (“NY SAFE Act”) was signed into law

by Governor Andrew M. Cuomo on January 15, 2013 which amends various

provisions of New York Law in relation to firearms and ammunition; and

WHEREAS, the enforcement of the NY SAFE Act is the obligation of New

York State; and

WHEREAS, it has come to the Ulster County Legislature’s attention that New

York State agencies responsible for the enforcement of the NY SAFE Act have

expressed their intention to use the seals and identification marks of counties on their

websites and on “recertification” notices to pistol permit holders; and

WHEREAS, a letter from the Executive Director of the New York State

Sheriffs’ Association, Inc. dated November 5, 2013, stated it is the unanimous

recommendation of the New York State Sheriffs’ Association Executive Committee

that the Sheriffs of New York State not allow their official seal or office title to be

used in connection with the pistol permit recertification process mandated by the

SAFE Act; and

WHEREAS, on November 19, 2013, the New York State Association of

County Clerks adopted a resolution opposing the use of the names, likeness, county

seals and other identifying marks of County Clerks in enforcement of the SAFE Act;

and

WHEREAS, Ulster County Sheriff Paul J. VanBlarcum and Ulster County

Clerk Nina Postupack have voiced their strong objection to the county seal and

identification marks to be used for these purposes; and

WHEREAS, the seal and identification marks of Ulster County are the

exclusive property of Ulster County and to be used only for county purposes and at

the direction of Ulster County officials; now, therefore be it 

- Page 2 -

Resolution No. 81 April 15, 2014

Denying Use Of The County Seal Or Any Other Ulster County

Identification With Regard To The New York Safe Act

RESOLVED, that the Ulster County Legislature does not authorize the use of

the name or the seal of the county, or seals with a part thereof, or any of its officers,

or letterheads or address in the heading of any NY Safe Act web site or for the

purposes of correspondence with legal and registered gun owners regarding permit

recertification or any other recertification for any other purpose associated with the

NY Safe Act; and, be it further

RESOLVED, that the Clerk of the Ulster County Legislature shall send

certified copies of this Resolution to Governor Andrew Cuomo, New York State

Senators John Bonacic, William Larkin, James Seward, and Cecilia Tkaczyk, and

New York State Assembly Members Kevin Cahill, Peter Lopez, Frank Skartados and

Claudia Tenney, and New York State Division of State Police Superintendent Joseph

D’Amico,

and move its adoption.

ADOPTED AS AMENDED BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Briggs)

Postponed in Committee: Laws and Rules, Governmental Services on March 17,

2014

Passed Committee: Laws and Rules, Governmental Services on April 14, 2014.

FINANCIAL IMPACT:

NONE 

- Page 3 -

Resolution No. 81 April 15, 2014

Denying Use Of The County Seal Or Any Other Ulster County

Identification With Regard To The New York Safe Act

Legislator Greene motioned, seconded by Legislator Bartels, to strike from the first

RESOLVED the phrases, “the name or” and “or any of its officers, letterheads or

address.”

Legislator Ronk offered a friendly amendment to strike from the first RESOLVED

only the words “the name or” and “or address.” Legislator Greene consented.

MOTION ADOPTED BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Briggs)

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 15th Day of April, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 16th Day of April in

the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature