ASSEMBLY RESOLUTION in response to the 2010-2011 Executive Budget
submission (Bill Nos. A. 9700-A, A. 9701, A. 9703-A, A. 9704-B, A.
9705-B, A. 9706-B, A. 9707-B, A. 9708-B, A. 9709-B, A. 9710-B, A. 9713-B
and A. 9714) to be adopted as legislation expressing the position of the
New York State Assembly relating to the 2008-2009 New York state budget

WHEREAS, Section 2 of Article 7 of the constitution specifically and
separately authorizes the Governor to submit an executive budget
containing a plan of expenditures to be made before the close of the
ensuing fiscal year and recommendations as to proposed legislation; and
WHEREAS, Upon such submission, pursuant to Joint Rule III, the Senate
finance committee and the Assembly ways and means committee begin an
analysis and public review of all the provisions of such budget; and
WHEREAS, After extensive study and deliberation, each committee makes
recommendations in the form of bills and resolutions as to the contents
thereof and such other items of appropriation deemed necessary and
desirable for the operation of the government in the ensuing fiscal
year; and
WHEREAS, The constitution, as interpreted by the courts, limits the
Legislature's response to the Executive's appropriation bills to
critique and amend the Executive's appropriation bills both: (1) by
striking, reducing or adding appropriations; and (2) by expressing its
concern in a resolution about those immutable provisions of the Execu-
tive budget that are insulated from legislative amendment, alteration or
substitution; and
WHEREAS, All such fiscal committees' recommendations, when arrived at,
are then to be placed before the members of the Legislature, individual-
ly and collectively, in their respective houses for their consideration
and approval; and
WHEREAS, Each house thereupon considers and adopts legislation in bill
and resolution format expressing its positions on the budget for the
ensuing fiscal year; and
WHEREAS, Upon adoption thereof, a Conference Committee on the Budget,
authorized by concurrent resolution of the Senate and Assembly pursuant
to Joint Rule III, and such subcommittees thereof as may be deemed
necessary are appointed by the Speaker of the Assembly and the Temporary
President of the Senate, respectively, will engage in negotiations
designed to reach an accord on the contents of the budget for the ensu-
ing fiscal year; and
WHEREAS, In order to commence this Legislative process of budget nego-
tiations designed to reach a timely accord on the contents of the budget
for the ensuing fiscal year, it is necessary that budget proposals be
adopted by each house of the Legislature; now, therefore, be it
RESOLVED, That, this resolution, together with the New York State
Assembly proposals for Executive budget resubmission contained in Assem-
bly Bill Nos. A. 9700-B, A. 9701-A, A. 9702-B, A. 9703-B, A. 9704-B, A.
9705-B, A. 9706-B, A. 9707-B, A. 9708-B, A. 9709-B, A. 9710-B, A. 9713-B
and A. 9714, which are incorporated as if fully set forth in this resol-
ution, constitute the legislation which expresses the budget proposals
of the Assembly for the 2010-2011 New York State Budget.