CONCURRENT RESOLUTION in response to the 2006-2007 Executive Budget submission (Legislative Bills A.9550-B, A.9551-A, A.9553-B, A.9554-B, A.9555-B, A.10254, A.10255, A.10256, A.10257, and A.10258) to be adopted as legislation expressing the positions of the Legislature relating to the 2006-2007 New York State Budget

WHEREAS, Section 3 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, 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 even where those bills: (1) surreptitiously amend and circumvent existing state law; (2) vest ultimate dispositional in an unelected Director of the Budget rather than the Legislature; (3) contain single, unsegregated lump-sum appropriations for a variety of discrete, unrelated projects, some of which are acceptable to the Legislature, others of which are objectionable; or (4) are drafted in a manner that precludes the Legis lature from undertaking meaningful review and comment consistent with its constitutional obligations; and

WHEREAS, As a result, the Legislature is constrained 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 Executive budget that are insulated from legislative amendment, alternation or substitution; and

WHEREAS, All such fiscal committees' recommendations, when arrived at, are then to be placed before the members of the Legislature, individually 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 II, 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 ensuing fiscal year; and

WHEREAS, In order to commence this Legislative process of budget negotiations 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, (if the &HOUSE concur), That, this resolution, together with the appended "N.Y.S. Assembly Proposals for Executive Resubmission" which is incorporated herein as a part of this concurrent resolution, and Assembly Bill Nos. A.9550-B, A.9551-A, A.9553-B, A.9554-B, A.9555-B, A.10254, A.10255, A.10256, A. 10257, and A.10258 constitute the legislation which expresses the budget proposals of the Legislature for the 2006-2007 New York State Budget.