Georgia's Proposed 2010 Constitutional Amendments

McDonough, GA - There's been a lot of talk about the candidates, but there are more than names on the 2010 Georgia ballot. Here's an overview of the five amendments Georgia voters will be asked to decide.

Amendment 1: Tightening the power of non-compete agreements

"Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?"

The confusing term in Amendment 1 is "competitive agreements." What they are really talking about is non-compete agreements. Currently, court precedent holds for dissolution of an entire contract if any part of the contract is defective. If Amendment 1 passes, non-compete agreements can be partially upheld even if one segment is invalidated.

The legislature hopes stronger contracts to protect employers from rogue employees defecting to the competition (or becoming the competition) will be one more element that entices businesses to bring badly needed jobs to the state.

Amendment 2: Funding an improved trauma center network

"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 purpose of funding trauma care?"

The State seeks to impose a $10.00 tax on motor vehicle registrations. The money is to be designated for a variety of trauma care-related expenses, including additional staffing, training, and facilities. For an in-depth look at this, the most controversial of the five 2010 Georgia constitutional amendments, check out Georgia's Trauma Centers Depending on Amendment 2.

Amendment 3: Multi-year funding for multi-year transportation projects

"Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multiyear 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?"

Georgia's constitution currently requires that all multi-year projects be fully funded before they can be authorized. Amendment 3 would allow the Department of Transportation to contract for multi-year projects without raising the funds to pay for the entire project upfront. What does this mean in dollars and cents? Currently DOT must initially issue bonds to cover expensive long-term projects, increasing the ultimate cost to Georgia taxpayers who are paying interest on money borrowed before it is needed. With the new amendment, DOT would be able to budget annually for the portion of the project to be completed in that fiscal year.

Amendment 4: Multi-year contracts for energy efficiency and cost savings

"Shall the Constitution of Georgia be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear contracts which obligate state funds for energy efficiency or conservation improvement projects?"

Should Amendment 4 pass, the state would be able to enter into contracts for the upgrading of aging, energy-draining equipment in government owned buildings. The cost of which would be paid for from those future "guaranteed" cost savings. Obviously, since payment would be from future savings, multi-year contracts are needed to make the process work. As mentioned in the review of Amendment 3, currently Georgia is constitutionally barred from entering into multi-year contracts. Amendment 4 would allow those contracts solely for the purpose of upgrading these buildings, resulting in energy efficiency and cost savings for taxpayers.

It's a proven proposal. Alabama, North Carolina, South Carolina, Florida, and Tennessee have already received the benefits of such programs.

Amendment 5: Allowing industrial landowners to opt for city annexation

"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?"

While this is worded generally, the amendment is really focused on securing rights for a relatively few areas of industrial properties. Prohibited by grandfathered local constitutional amendments in Jeff Davis and Chatham counties, Amendment 5 would allow owners of industrial property to irrevocably annex their properties to a city. The purpose of such a move would be to receive city services not available in an out-of-city industrial area.

Source: Georgia Secretary of State website