10 HR 178/AP
House
Resolution 178 (AS PASSED HOUSE AND SENATE)
By:
Representatives Levitas of the
82nd,
Coan of the
101st,
Parrish of the
156th,
Wilkinson of the
52nd,
Lunsford of the
110th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to authorize the General Assembly to
provide for contracts that limit competitive activities between or among
employers and employees, distributors and manufacturers, lessors and lessees,
partnerships and partners, franchisors and franchisees, sellers and purchasers
of a business or commercial enterprise, or two or more employers; to provide for
the submission of this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
III, Section VI, Paragraph V of the Constitution is amended by revising
subparagraph (c) as follows:
"(c)(1)
The General Assembly shall not have the power to authorize any contract or
agreement which may have the effect of or which is intended to have the effect
of
defeating
or lessening competition, or encouraging a
monopoly, which
are
is
hereby declared to be unlawful and void.
Except as
otherwise provided in subparagraph (c)(2) of this paragraph, the General
Assembly shall not have the power to authorize any contract or agreement which
may have the effect of or which is intended to have the effect of defeating or
lessening competition, which is hereby declared to be unlawful and
void.
(2)
The General Assembly shall have the power to authorize and provide by general
law for judicial enforcement of contracts or agreements restricting or
regulating competitive activities between or among:
(A)
Employers and employees;
(B)
Distributors and manufacturers;
(C)
Lessors and lessees;
(D)
Partnerships and partners;
(E)
Franchisors and franchisees;
(F)
Sellers and purchasers of a business or commercial enterprise; or
(G)
Two or more employers.
(3)
The authority granted to the General Assembly in subparagraph (c)(2) of this
paragraph shall include the authority to grant to courts by general law the
power to limit the duration, geographic area, and scope of prohibited activities
provided in a contract or agreement restricting or regulating competitive
activities to render such contract or agreement reasonable under the
circumstances for which it was
made."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to make Georgia more economically
competitive by authorizing legislation to uphold reasonable competitive
agreements?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.