What's happening
This bill requires that any state legislation imposing an unfunded mandate on counties or municipalities must first be reviewed by the state comptroller before certification.
Why it matters
Requires independent fiscal scrutiny. By mandating state comptroller review of bills that create unfunded mandates for counties or municipalities, the bill ensures an independent analysis of potential financial impacts before such legislation can proceed.
Increases transparency and accountability. Local governments and the public will have access to the comptroller’s opinion, making it clearer how proposed state laws might shift costs onto local entities without providing funding.
Protects local budgets and taxpayers. This measure aims to prevent unexpected financial burdens on counties and municipalities, which could otherwise result in service cuts or local tax increases to cover new, unfunded state-mandated programs.
Could slow legislative process for certain bills. The added step of obtaining a comptroller’s opinion may lengthen the time it takes for bills with unfunded mandates to move through the legislative process, potentially discouraging the introduction of such measures.
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Who cares
Headline styles
State Review for Unfunded Mandates
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1309
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
Introduced by Sens. CANZONERI-FITZPATRICK, OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the legislative law, in relation to requiring bills containing an unfunded mandate for a county or municipality to be referred to the state comptroller for opinion before being certified
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 40 of the legislative law, as amended by chapter 366 of the laws of 1949, is amended to read as follows:
§ 40. Certificate of presiding officer. Upon the passage by either house of the legislature of a bill, concurrent resolution proposing amendments to the state constitution, or concurrent resolution proposing or ratifying amendments to the constitution of the United States, the presiding or other officer designated by the rules of such house shall append to such bill or resolution a certificate, to be signed by [him] such officer, which shall disclose the date of its passage in such house, and whether passed by the votes of a majority of all the members elected to such house or of two-thirds thereof, or of a majority of such members, three-fifths thereof being present. In addition, if any such bill has been passed on a message required by the constitution, that fact also shall be stated, and if the message so specifies, the applicable portion of the constitution shall be identified. Upon the passage of a bill as to which a part becomes law immediately and a part requires further action by the governor, two copies shall be certified as above provided, one of which, upon final passage by both houses, shall be transmitted to the governor and the other to the secretary of state. No bills shall be deemed to have so passed unless certified in the manner provided by this section, which certificate to such effect shall be conclusive evidence thereof. No bill containing a mandate for any county or municipality in this state that does not include a provision of fund-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00930-01-5
ing to such county or municipality by the state shall be certified in the manner provided by this section until such bill has been delivered to the state comptroller for opinion, and such opinion is delivered to both houses of the legislature and to the governor.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the legislative law, in relation to requiring bills containing an unfunded mandate for a county or municipality to be referred to the state comptroller for opinion before being certified
Purpose
This bill will require the State Comptroller to deliver an opinion on unfunded mandates for counties and municipalities in the state of New York prior to the certification of such legislation
Summary of provisions
Section 1 amends section 40 of the legislative law by adding a provision which requires any bill containing a mandate for any county or munici- pality and does not include state funding be delivered to the state comptroller for opinion prior to certification.
Section 2 establishes the effective date.
Justification
Despite annual spending growth in the New York State budget, the legis- lature continues to pass legislation pressing mandates upon counties and municipalities without adequate funding. The reliance on unfunded mandates presents significant budgetary stressors for counties and muni- cipalities in New York, especially those already experiencing financial hardship. This bill requires that any legislation requiring an unfunded mandate be delivered to the state comptroller for an opinion prior to certification. The Comptroller's opinion will help identify legislation that may produce undue fiscal burdens on counties and municipalities. Further, requiring an opinion from the Comptroller will also promote legislating in a fiscally pragmatic manner.
Legislative history
2023-24: S.5682, Referred to Investigations and Government Operations
2021-22: S.7285, Referred to Investigations and Government Operations
Fiscal implications
None.
Effective date
Effective Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.