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2009 NYC Voter Guide: State Ballot Proposals

State Ballot Proposals

 

Ballot proposals are questions placed on the ballot for voters to decide. Ballot proposals are usually located on the right-hand side of the ballot in the voting booth, near the top or the bottom corner. Voters can vote “Yes” or “No” for each proposal.

 

In the general election this year, voters throughout New York State will find two New York State ballot proposals on the general election ballot.  These two proposals were passed as bills to amend the State Constitution by the Assembly and Senate and are now placed before the voters to decide.


For each proposal we have provided the question as it is expected to appear on the ballot; the official abstract of the proposal, and the justification (which was part of the original bill passed by the State Legislature).



BALLOT PROPOSAL 1
AN AMENDMENT TO SECTION 1 OF ARTICLE 14 OF THE STATE CONSTITUTION

OFFICIAL ABSTRACT

The purpose of this amendment is to allow the construction of a 46 kV power line on forest preserve lands along State Route 56 in St. Lawrence County.


The State Constitution generally forbids the lease, sale, exchange, or taking of any forest preserve land.  The proposed amendment would allow the State to convey up to six acres of forest preserve land to National Grid to construct a 46 kV power line along State Route 56.  In exchange, the State would receive at least ten acres of forest land in St. Lawrence County from National Grid to be incorporated into the forest preserve.  The land conveyed by National Grid to the State must be at least equal in value to the land conveyed by the State to National Grid.


OFFICIAL JUSTIFICATION

To ensure reliable electrical service year-round to certain communities in the Adirondacks, it is necessary for National Grid to construct a new 46kV power line. This power line would in large part run along State Route 56. However, there is a two mile stretch where the right-of-way along the side of State Route 56 is not large enough to accommodate the new power line without impinging on forest preserve lands. National Grid has made alternative plans to run the power line around the forest preserve lands, which would result in a seventy-five foot wide swath of land being cleared along a six mile stretch of sensitive forest boreal habitat. This constitutional amendment would provide an alternative whereby a shorter, less expensive, less environmentally damaging route may be utilized.


WHAT YOU WILL SEE ON THE BALLOT

The New York State Constitution generally forbids the lease, sale, exchange, or taking of any forest preserve land. The proposed amendment would allow the State to convey up to six acres of forest preserve land to National Grid to construct a 46 kV power line along State Route 56. In exchange, the State would receive at least ten acres of forest land in St. Lawrence County from National Grid to be incorporated into the forest preserve. The land conveyed by National Grid to the State must be at least equal in value to the land conveyed by the State to National Grid. Shall the proposed amendment to the New York State Constitution be approved?



BALLOT PROPOSAL 2
AN AMENDMENT TO SECTION 24 OF ARTICLE 3 OF THE STATE CONSTITUTION


OFFICIAL ABSTRACT

The purpose of this amendment is to authorize the Legislature to allow inmates in state and local correctional facilities to voluntarily perform work for nonprofit organizations.


Section 24 of article 3 of the State Constitution currently prohibits the farming out, contracting, giving away or selling of convict labor to any person, firm, association, or corporation.  Inmates may, however, perform work for the State and its political divisions and their public institutions.


The proposed amendment would authorize the Legislature to pass legislation allowing inmates to perform work for nonprofit organizations.  A “nonprofit organization” is defined to mean an organization operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which benefits any private shareholder or individual.


OFFICIAL JUSTIFICATION

The correction law currently allows inmates to perform work for the state and public institutions but does not allow them to provide work for non-profit organizations. Current law is limited because section 24 of article 3 of the New York State Constitution forbids the “farming out, contracting, giving away or selling of convict labor.” However, many localities have requested that an exemption be made for non-profit organizations who are often underfunded and do not have the resources to adequately maintain their property. Allowing inmate work crews to provide labor to these organizations will help fill the gap in funding and could give inmates a sense of “giving back” to the community.


Since this bill only gives the legislature authority to pass a law allowing inmates to work for non-profits, enacting legislation will be necessary. Such enacting legislation could include restrictions on which inmates are eligible to perform such work in the interests of public safety.


WHAT YOU WILL SEE ON THE BALLOT

The New York State Constitution currently prohibits the farming out, contracting, giving away or selling of prisoner labor to any person, firm, association, or corporation. The proposed amendment would authorize the Legislature to pass legislation to permit inmates in state and local correctional facilities to perform work for nonprofit organizations. Shall the proposed amendment to the New York State Constitution be approved?