SENATE RESOLUTION adopting proposed amendments to the 2011-2012 Execu-
tive Budget submission (Legislative Bills S. 2800-C, S.2803-C, S.2804-B,
S.2807-B, S.2808-B, S.2809-C, S.2810-B, S.2811-B, S.2812-B, S.3164,
S.4007) as amended with the legislative intent appended hereto as the
"REPORT ON THE AMENDED STATE FISCAL YEAR 2011-2012 EXECUTIVE BUDGET"

WHEREAS, It is the intent of the Legislature to effectuate the timely
passage of a State Budget; and

WHEREAS, It is the intent of the Legislature to engage in the Budget
Conference Committee process, which promotes increased participation by
the members of the Legislature and the public; and

WHEREAS, The Senate Finance Committee has conducted an extensive study
and review of the Governor's 2011-2012 Executive Budget submission and
has recommended proposed amendments to such Budget submission in the
above referenced Legislative Bills and "REPORT ON THE AMENDED STATE
FISCAL YEAR 2011-2012 EXECUTIVE BUDGET"; and

WHEREAS, Article VII of the New York State Constitution provides the
framework under which the New York State Budget is submitted, amended
and enacted. The New York State Courts have limited the Legislature in
how it may change the appropriations bills submitted by the Governor.
The Legislature can delete or reduce items of appropriation contained in
the several appropriation bills submitted by the Governor in conjunction
with the Executive Budget, and it can add additional items of appropri-
ation to those bills provided that such additions are stated separately
and distinctly from the original items of the bill and refer each to a
single object or purpose; and

WHEREAS, An interchange is the movement of appropriations resulting in
an increase or decrease of appropriation authority within a program or
purpose, or between programs. In accordance with Section 51 of the State
Finance Law, there is unlimited interchangeability of appropriations
from the same fund within a program or purpose, but there are limits on
the interchangeability of appropriations between programs or purposes of
the same fund; and

WHEREAS, An extensive study and review of the Governor's 2011-2012
Executive Budget submission has revealed that the construction of the
budget bills submitted to the Legislature by the Governor constrains the
Legislature in its ability to fully effectuate its intent in amending
the Governor's budget submission; and

WHEREAS, There are numerous instances in which the Executive included
language within the appropriation which go beyond those terms and condi-
tions which are normally and naturally considered "items of appropri-
ation;" and

WHEREAS, The Executive has included large categories of appropriation
that allow for interchange or use of funds for more than one purpose and
in contravention of Section 51 of the State Finance Law; and

WHEREAS, There are numerous instances where the Executive has set
forth non-budgetary and programmatic language which circumvents existing
law and are contained solely within the appropriation language; and

WHEREAS, The Executive proposes to use Executive Orders to effectuate
many of the details of his proposed ultra vires legislative priorities
which have been contained within appropriation language; and

WHEREAS, The Legislature has amended the Governor's 2011-2012 Execu-
tive Budget submission to the fullest extent possible within the author-
ity provided to it pursuant to Section 4 of Article VII of the New York
State Constitution; and

WHEREAS, The Senate, in addition to the Governor's 2011-2012 Executive
Budget submission bills as amended by the Senate, does hereby provide
its recommendations as to provisions in the Governor's 2011-2012 Execu-
tive Budget submission which reflect those items the Senate is
constrained from effectuating as amendments to the 2011-2012 Executive
Budget appended hereto; and

WHEREAS, It is the intent of the Legislature that upon the passage of
the Governor's 2011-2012 Executive Budget submission as amended by the
Senate, and the incorporated "REPORT ON THE AMENDED STATE FISCAL YEAR
2011-2012 EXECUTIVE BUDGET" may provide a basis for both houses of the
Legislature to convene Committees on Conference pursuant to Joint Rule
III of the Senate and Assembly for the purpose of reconciling any
differences between the amendments to the Governor's budget as proposed
by each house of the Legislature; now, therefore, be it

RESOLVED, That, the above referenced legislative bills (S. 2800-C,
S.2803-C, S.2804-B, S.2807-B, S.2808-B, S.2809-C, S.2810-B, S.2811-B,
S.2812-B, S.3164, S.4007) as amended with the legislative intent
appended hereto as the "REPORT ON THE AMENDED STATE FISCAL YEAR
2011-2012 EXECUTIVE BUDGET" be and are incorporated as part of this
resolution and are hereby adopted as the New York State Senate's
proposed amendments to the 2011-2012 Executive Budget Submission.