Requires bills containing an unfunded mandate for a county or municipality to be referred to the state comptroller for opinion before being certified.
Summary
S01309 would amend the Legislative Law to add a new procedural requirement for bills that impose an unfunded mandate on a county or municipality. Under the bill, if legislation requires a county or municipality to do something without providing state funding for that mandate, the bill could not be certified as passed until it is delivered to the State Comptroller for an opinion. That opinion would then have to be delivered to both houses of the Legislature and to the Governor before certification can proceed.
The measure does not change the substance of local mandates themselves, but it changes the legislative process for enacting them. It would create an additional checkpoint for identifying and reviewing bills that shift costs to local governments, with the apparent goal of increasing fiscal scrutiny before such bills move forward.
Impact
The bill would amend section 40 of the Legislative Law, which governs certification of bills after passage by either house. It would add a new condition for certification of any bill containing a mandate on a county or municipality that lacks state funding: referral to the State Comptroller for an opinion. This would affect the legislative process for state bills with local fiscal impacts, and could delay or block certification until the comptroller’s review is completed and shared with the Legislature and Governor.
Sentiment
No committee transcript or vote record is provided, so there is no recorded debate or roll-call sentiment to assess. Based on the bill text and caption, the measure appears to be framed as a fiscal oversight and local-government protection proposal, suggesting support from lawmakers concerned about unfunded mandates and their burden on counties and municipalities.
Contention
The main point of contention would likely be whether requiring comptroller review adds useful fiscal accountability or instead creates an extra procedural hurdle that could slow enactment of legislation. Supporters would likely emphasize protecting counties and municipalities from state-imposed costs without funding, while opponents may argue that the requirement could complicate the legislative process, invite disputes over what qualifies as a mandate, or give the comptroller an expanded role in bill certification.
Requires Commissioner of Community Affairs to compile and annually update list of all unfunded State and federal mandates on municipalities and counties.
Authorizes all municipalities, with the consent of the county and the governing body of such municipality, to join a county self-funded or self-insured health plan; requires certification.
Authorizes all municipalities, with the consent of the county and the governing body of such municipality, to join a county self-funded or self-insured health plan; requires certification.
Provides for the review of unfunded mandates; provides that the comptroller shall provide a fiscal note for unfunded mandates affecting political subdivisions; directs a continuing study.
Prohibits the enactment of unfunded mandates for a period of three years; instructs the state comptroller to conduct a report on the annual fiscal impact enacted state legislation has on the revenues and expenses of local municipalities.