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GA SR1285
Resolution
Status
Introduced
3/17/2010
Primary Sponsor
Bill Cowsert
Click for details
AI Summary
- Proposes an amendment to Article III, Section VI, Paragraph V of the Georgia Constitution to create an exception to the existing prohibition against contracts that defeat or lessen competition
- Authorizes the General Assembly to enact general laws permitting judicial enforcement of non-compete and restrictive competitive activity agreements between seven categories of parties: employers/employees, distributors/manufacturers, lessors/lessees, partnerships/partners, franchisors/franchisees, sellers/purchasers of businesses, and two or more employers
- Grants courts the power to modify the duration, geographic area, and scope of restrictive covenants to make them reasonable under the circumstances, rather than voiding them entirely
- Retains the existing constitutional prohibition against contracts that encourage monopoly
- Requires submission to Georgia voters as a ballot question for ratification or rejection, as provided under the state constitution's amendment process
Legislative Description
General Assembly; provide for contracts that limit competitive activities; business or commercial enterprise-CA
Last Action
Senate Read Second Time
3/22/2010
Committee Referrals
Special Judiciary3/17/2010
Full Bill Text
No bill text available