STATE OF NEW YORK
STATE BOARD OF ELECTIONS
Albany, New York
July 15, 2009

CERTIFICATION
To the Boards of Elections of the State of New York
Notice is hereby given, that at the General Election to be held in this State on Tuesday,
November 3, 2009, the following proposal will be submitted to the people for approval:
Proposal Number Two, an Amendment.

TEXT OF PROPOSAL NUMBER TWO, AN AMENDMENT
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 3 ofthe constitution, in relation to allowing that the
legislature may allow prisoners to voluntarily perform work for nonprofit organizations
Section 1. Resolved (if the Senate concur), That section 24 of article 3 of the constitution be
amended to read as follows:
§ 24. The legislature shall, by law, provide for the occupation and employment of prisoners
sentenced to the several state prisons, penitentiaries, jails and reformatories in the state; and no
person in any such prison, penitentiary, jailor reformatory, shall be required or allowed to work,
while under sentence thereto, at any trade, industry or occupation, wherein or whereby his or her
work, or the product or profit of his or her work, shall be farmed out, contracted, given or sold to
any person, firm, association or corporation, provided that the legislature may provide by law
that such prisoners may voluntarily perform work for nonprofit organizations. As used in this
section, the term "nonprofit organization" means an organization operated exclusively for
religious, charitable, or educational purposes, no part of the net earnings of which inures to the
benefit of any private shareholder or individual. This section shall not be construed to prevent
the legislature from providing that convicts may work for, and that the products of their labor
may be disposed of to, the state or any political division thereof, or for or to any public institution
owned or managed and controlled by the state, or any political division thereof.

EXPLANATlON--Matter in underscored is new; matter in brackets [ ] is old law to be omitted.

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§ 2. Resolved (if the Senate concur), That the foregoing amendment be submitted to the people
for approval at the general election to be held in the year 2009 in accordance with the provisions
of the election law.

ABSTRACT OF PROPOSAL NUMBER TWO, AN AMENDMENT
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.

FORM OF SUBMISSION OF PROPOSAL NUMBER TWO, AN AMENDMENT
Amendment to article 3 of the Constitution, in relation to authorizing the Legislature to allow
prisoners to voluntarily perform work for nonprofit organizations.
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 be approved?

EXPLANATION--Matter in underscored is new; matter in brackets [ ] is old law to be omitted.

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The foregoing text of Ballot Proposal Two, An Amendment, is a correct copy of the
original as certified to be on file in the Department of State.

NEW YORK STATE BOARD OF ELECTIONS
July 15, 2009

GNEN under our hands and seal of the office
of the State Board of Elections, at the
City of Albany, this 15 th day of
July, in the year 2009.

A-~
iA~WALSH, Co-Chair

New York State Board ofElectlOns

DOUGLA
NewYor

KELLNER, Co-Chair
ate Board of Elections

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