LL #01-2001Local Law ruing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
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Townof......WRPinger............................................................................................
Local Law No. ....... P.I........................................ of the year A..2().01
A local law .... AMENDING ...T.HE... QppE..OF THE TOWN OF WAPPINGER, TO ADD THE "GOLD STAR PARENT"
................................................................................................................
(Insert Title) REAL PROPERTY TAX EXEMPTION
Be it enacted by the ..................P.w?T?.. Board.................................................................................................of the
(Name of Legislative Body)
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.I tw of........Wappingar.................................................................................................................... as follows:
ANNUX
Text commences on the next page
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
LOCAL LAW No. #1 OF THE YEAR 2001
A Local Law entitled "Local Law Amending the Code of the Town of Wappinger To
Add The 'Gold Star Parent' Real Property Tax Exemption".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#1 of 2001, entitled "Local Law Amending the Code of the Town of Wappinger
To Add The 'Gold Star Parent' Real Property Tax Exemption." This local law shall
authorize a real property tax exemption for the parent(s) of a child who died in the line
of duty while serving in the United States Armed Forces during a period of war.
Section II: Legislative Intent:
The Town Board acknowledges that it is in the best interests of the Town and its
residents to provide veterans and their families with the maximum relief allowed by law
from the burden of real property taxes. The Town Board further acknowledges that
veterans have made a significant contribution to their country and therefore to the Town
of Wappinger, and that it is appropriate to recognize this contribution in the form of tax
relief to veterans and their families. The owners of "qualifying residential real property,"
as defined in Real Property Tax Law §458-a, Subdivision 1(d), are currently provided with
the maximum tax exemptions allowable to veterans. The Town Board has determined
that, to the extent that the additional tax relief is authorized by the New York State
Legislature for the parent(s) of a veteran, the Town of Wappinger is best served by
providing that additional relief.
Section III:
This Local Law No.__LL of 2001 amends the provisions of Chapter
221, Article III of the Code of the Town of Wappinger by adding the "Gold
Star Parent" exemption, thereby implementing the provisions of Chapter 326
of the Laws of 2000.
Sprtinn IV -
Sections 221-5, 221-6, and 221-7 of Chapter 221, Article III of the
Code of the Town of Wappinger are hereby amended to read as follows:
"Section 221-5: TITLE.
This article shall be known and cited as Town of Wappinger Local
Law No. 4 of 1997 increasing the maximum tax exemption allowable to
veterans by New York State Real Property Tax Law §458-a, Subdivision 2
(a), (b) and (c) as amended by Local Law No. #_ of 2001 and by further
permitting the `Gold Star Parent' exemption as authorized by the most recent
amendments to §458-a, Subdivision 7 of the New York State Real Property
Tax Law.
Section 221-6: LEGISLATIVE INTENT.
This article provides that the maximum tax exemptions allowed to
veterans by the New York State Real Property Tax Law §458-a, Subdivision
2 (a), (b) and (c) shall be increased, and the Gold Star Parent exemption
allowable by New York State Real Property Tax Law §458-a, Subdivision 7
is hereby adopted and authorized. The Town Board has determined that it
is in the best interests of the Town and its residents to provide the
exemptions as authorized by the most recent amendments to §458-a,
Subdivision 7 of the New York State Real Property Tax Law.
Section 221-7: DEFINITIONS.
The Town hereby adopted and authorized the definitions set forth in
the New York State Real Property Tax Law §458-a, Subdivision 1, and, in
addition, pursuant to the authority granted by the New York State Real
Property Tax Law §458-a, Subdivision 7 hereby includes the 'Gold Star
Parent' exemption in the following definitions:
Qualified owner shall include the parent(s) of a child who died in the
line of duty while serving in the United States Armed Forces during a period
of war (hereinafter referred to as a `Gold Star Parent').
Qualifying residential real property shall include property owned by a
'Gold Star Parent' provided that such property shall be the primary residence
of the 'Gold Star Parent'."
Section V: Confirmation.
Except as modified and amended by this provisions of this Local Law, Section 221
of the Code of the Town of Wappinger is otherwise ratified and confirmed.
Section VI: Separability.
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, or
unconstitutionality, or inapplicability, shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this local law or their
application to other persons or circumstances. It is hereby declared to be the
legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted adopted if such illegal, invalid or unconstitutional provision,
clause, sentence, subsection, word or part had not been included therein, and if such
person or circumstance to which the Local Law or part thereof is held inapplicable had
been specifically exempt therefrom.
Section VII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of )0_.2Q01
of the 6CXtXxxoVA(Town)(JJ6ddxW of Wappinger was duly passed by the
T on March 12 2001 , in accordance with the applicable provisions of law.
Name of Legislative Body
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19 and was (approved)(not disapproved)(repassed after
disapproval) by the Elective Chief and was deemed duly adopted on 19
xecutive Officer'
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (Countv)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I herebv certifv that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of
in accordance with the applicable provisions of law.
19
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(2)
5. ' (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the City of of 19
having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the County of of 19
the electors at the General Election of November , State of New York, having been submitted to
19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I above.
c
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erk o the o y le 'e Live ity, own or Village Clerk
or officer de 'grated by ocal legileative body
GLORIA MO SE, Town C1 rk
(Seal) Date: 2001
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
ignat
Albert P. Roberts, Attorney to Town
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(3)