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
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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.