NY State Senate Bill 2025-S1309

Senate Bill S1309

2025-2026 Legislative Session

Requires bills containing an unfunded mandate for a county or municipality to be referred to the state comptroller for opinion before being certified

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2025	referred to investigations and government operations

co-Sponsors

2025-S1309 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §40, Leg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7285
2023-2024: S5682

2025-S1309 (ACTIVE) - Summary

Requires bills containing an unfunded mandate for a county or municipality to be referred to the state comptroller for opinion before being certified.

2025-S1309 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1309

SPONSOR: CANZONERI-FITZPATRICK
 
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.

2025-S1309 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1309
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              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 ASSEM-
 BLY, 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 applica-
 ble 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

 S. 1309                             2
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1309

Share this bill

Sponsored By

Patricia Canzoneri-Fitzpatrick