Several amendments to Georgia’s constitution are on the November ballot. These amendments cover topics ranging from business contracts to trauma care. This year’s ballot also includes a statewide referendum relating to taxation of business inventories.
COMPETITIVE CONTRACTS
Constitutional amendment 1 relates to non-competition contracts executed between employees and their employers, partnerships and partners and others. Specifically, the ballot question asks “Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?”
If passed, this amendment would allow the courts to not only enforce contracts that reasonably restrict competition during or after the term of employment, but would also allow the courts to modify contracts “to achieve the intent of the contracting parties.” Examples of contracts covered under this amendment would include those that prevent an employee from competing with an employer after termination of employment and agreements by sellers not to compete with a seller’s customer.
Several questions on November ballot
Currently, the courts may strike down any contract which they rule is unreasonable in any single area. Amendment 1 would allow the courts to modify portions of the contract to impose reasonable restrictions without declaring the entire contract unenforceable.
Supporters believe the amendment will make the state more attractive to employers who rely on non-competition contracts to protect trade secrets and other sensitive information.
Opponents say the amendment limits employees’ abilities to work in their chosen field while under the terms of the contract and makes it possible for the courts to make the contracts more restrictive than was originally intended by the involved parties.
TRAUMA FUNDING
On January 1, 2010, Georgia’s “Super Speeder” law went into effect. One of the goals of that law was to provide additional funding for trauma care. Constitutional amendment 2 is also designed to direct revenue to improving Georgia’s trauma care system. Amendment 2 asks “Shall the Constitution of Georgia be amended so as to impose an annual $10.00 trauma charge on certain passenger motor vehicles in this state for the purposes of funding trauma care?”
If passed, motor vehicle owners in Georgia would be assessed an additional $10 per year when renewing their car tag. The $10 fee would apply to motor vehicles designed to carry ten or fewer passengers including cars, trucks, motorcycles, sport utility vehicles and passenger vans. State and other government owned vehicles would be exempt.
The money collected would be placed in a trust fund designated solely for the use of the state’s trauma care system. The amendment is projected to raise approximately $80 million a year.
Supporters, including numerous hospitals, claim the revenue will expand trauma care to parts of the state in which adequate trauma care facilities do not exist.
Opponents argue that no additional fees should be levied during such harsh economic times and question how the money will actually be spent. Questions have also been raised regarding how long the fee will remain in place once implemented. Others claim the fee is just a thinly veiled attempt to further subsidize health care.
CONSTRUCTION CONTRACTS
Amendment 3 would allow the Georgia Department of Transportation (GDOT) to spread payment of long term contracts out over several years rather than having to set aside the total amount of the contract in the first year.
The question on the ballot is “Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multi-year construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?”
Supporters say amendment 3 would allow GDOT to undertake more projects since they would not have to appropriate as much up front funding.
Opponents worry that GDOT could undertake projects without having adequate funding available to meet its obligations in subsequent contract years.
ENERGY EFFICIENCY AND CONSERVATION
As with amendment 3, amendment 4 would allow the state to enter into multi-year contracts without appropriating funds for the entire amount of the contract up front. The difference between the two amendments is that amendment 4 applies to energy efficiency and conservation projects. Voters are being asked “Shall the Constitution be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multi-year contracts which obligate state funds for energy efficiency and conservation improvement projects?” These multi-year projects would allow the state to retrofit buildings with more efficient plumbing, lighting and heating and cooling systems from which energy cost savings are guaranteed by the vendors. The cost savings would provide the revenue to pay the vendors.
Opponents to the measure say there is no guarantee the energy cost savings will be enough to finance the debt.
ZONING QUESTIONS
Though posed to voters statewide, Amendment 5 actually relates to industrial areas in Chatham and Jeff Davis counties.
The ballot question is “Shall the Constitution of Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from the industrial area?”
In the 1950s under a local constitutional amendment, Chatham County created an industrial area which could never be annexed into a city although cities could provide services and levy taxes within the area. Through the same local constitutional amendment procedure, Jeff Davis County was authorized to create an industrial area in which industries could be exempted from property taxes.
Though local constitutional amendments are no longer permitted, these industrial areas remain in effect. Because the industrial areas were created by a constitutional amendment, they can only be changed by a constitutional amendment.
If passed, affected property owners in these counties could petition to have their properties removed from the current industrial areas. The properties would be immediately annexed into the city which provides water or fire services for the property.
STATEWIDE REFERENDUM
“Shall the Act be approved which grants an exemption from state ad valorem taxation for inventory of a business?”
Currently, businesses pay taxes each year on inventory. This referendum would remove Georgia from the small list of states which currently impose such taxes. Supporters hope passage of this referendum will attract more business to the state. Opponents are concerned about the potential loss of revenue from abolishing the tax.
For more election and voting information, visit the My Voter Page (MVP) at http://www.sos. ga.gov/mvp.
Supporters believe the amendment will make the state more attractive to employers who rely on non-competition contracts to protect trade secrets and other sensitive information.
Opponents say the amendment limits employees’ abilities to work in their chosen field while under the terms of the contract and makes it possible for the courts to make the contracts more restrictive than was originally intended by the involved parties.
TRAUMA FUNDING
On January 1, 2010, Georgia’s “Super Speeder” law went into effect. One of the goals of that law was to provide additional funding for trauma care. Constitutional amendment 2 is also designed to direct revenue to improving Georgia’s trauma care system. Amendment 2 asks “Shall the Constitution of Georgia be amended so as to impose an annual $10.00 trauma charge on certain passenger motor vehicles in this state for the purposes of funding trauma care?”
If passed, motor vehicle owners in Georgia would be assessed an additional $10 per year when renewing their car tag. The $10 fee would apply to motor vehicles designed to carry ten or fewer passengers including cars, trucks, motorcycles, sport utility vehicles and passenger vans. State and other government owned vehicles would be exempt.
The money collected would be placed in a trust fund designated solely for the use of the state’s trauma care system. The amendment is projected to raise approximately $80 million a year.
Supporters, including numerous hospitals, claim the revenue will expand trauma care to parts of the state in which adequate trauma care facilities do not exist.
Opponents argue that no additional fees should be levied during such harsh economic times and question how the money will actually be spent. Questions have also been raised regarding how long the fee will remain in place once implemented. Others claim the fee is just a thinly veiled attempt to further subsidize health care.
CONSTRUCTION CONTRACTS
Amendment 3 would allow the Georgia Department of Transportation (GDOT) to spread payment of long term contracts out over several years rather than having to set aside the total amount of the contract in the first year.
The question on the ballot is “Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multi-year construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?”
Supporters say amendment 3 would allow GDOT to undertake more projects since they would not have to appropriate as much up front funding.
Opponents worry that GDOT could undertake projects without having adequate funding available to meet its obligations in subsequent contract years.
ENERGY EFFICIENCY AND CONSERVATION
As with amendment 3, amendment 4 would allow the state to enter into multi-year contracts without appropriating funds for the entire amount of the contract up front. The difference between the two amendments is that amendment 4 applies to energy efficiency and conservation projects. Voters are being asked “Shall the Constitution be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multi-year contracts which obligate state funds for energy efficiency and conservation improvement projects?” These multi-year projects would allow the state to retrofit buildings with more efficient plumbing, lighting and heating and cooling systems from which energy cost savings are guaranteed by the vendors. The cost savings would provide the revenue to pay the vendors.
Opponents to the measure say there is no guarantee the energy cost savings will be enough to finance the debt.
ZONING QUESTIONS
Though posed to voters statewide, Amendment 5 actually relates to industrial areas in Chatham and Jeff Davis counties.
The ballot question is “Shall the Constitution of Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from the industrial area?”
In the 1950s under a local constitutional amendment, Chatham County created an industrial area which could never be annexed into a city although cities could provide services and levy taxes within the area. Through the same local constitutional amendment procedure, Jeff Davis County was authorized to create an industrial area in which industries could be exempted from property taxes.
Though local constitutional amendments are no longer permitted, these industrial areas remain in effect. Because the industrial areas were created by a constitutional amendment, they can only be changed by a constitutional amendment.
If passed, affected property owners in these counties could petition to have their properties removed from the current industrial areas. The properties would be immediately annexed into the city which provides water or fire services for the property.
STATEWIDE REFERENDUM
“Shall the Act be approved which grants an exemption from state ad valorem taxation for inventory of a business?”
Currently, businesses pay taxes each year on inventory. This referendum would remove Georgia from the small list of states which currently impose such taxes. Supporters hope passage of this referendum will attract more business to the state. Opponents are concerned about the potential loss of revenue from abolishing the tax.
For more election and voting information, visit the My Voter Page (MVP) at http://www.sos. ga.gov/mvp.
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