05 LC 28
2259
Senate
Bill 241
By:
Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the
31st and Douglas of the 17th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating
to electronic records and signatures, so as change provisions relating to the
legal effect of electronic records and signatures; to change provisions relating
to notarized documents; to amend Code Section 15-10-53 of the Official Code of
Georgia Annotated, relating to filing documents by electronic means, so as to
correct a cross-reference; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic
records and signatures, is amended by striking Code Section 10-12-4, relating to
the legal effect of electronic records and signatures, and inserting in lieu
thereof a new Code Section 10-12-4 to read as follows:
"10-12-4.
(a)
Records and signatures shall not be denied legal effect or validity solely on
the grounds that they are electronic.
(b)
In any legal proceeding, an electronic record or electronic signature shall not
be inadmissible as evidence solely on the basis that it is
electronic.
(c)
When a rule of law requires a writing, an electronic record satisfies that rule
of law.
(d)
When a rule of law requires a signature, an electronic signature satisfies that
rule of law.
(e)
When a rule of law requires an original record or signature, an electronic
record or electronic signature shall satisfy such rule of law.
(f)
Nothing in this Code section shall prevent a party from contesting an electronic
record or signature on the basis of fraud.
(g)
Nothing in this Code section shall relieve any party to a legal proceeding from
complying with applicable rules of evidence requiring authentication or
identification of a record or signature as a condition precedent to its
admission into evidence.
(h)
Where the authenticity or the integrity of an electronic record or signature is
challenged in a court of law, the proponent of the electronic record or
signature shall have the burden of proving that the electronic record or
signature is authentic.
(i)
Notwithstanding
the
preceding subsections
(a) through
(h) of this Code section, the legal
validity, effect, and admissibility of electronic records and electronic
signatures shall be limited as follows:
(1)
Each department, agency, authority, or instrumentality of the state or its
political subdivisions shall determine how and the extent to which it will
create, send, receive, store, recognize, accept, be bound by, or otherwise use
electronic records or electronic signatures. Nothing in this chapter shall be
construed to require any department, agency, authority, or instrumentality of
the state or its political subdivisions to create, send, receive, store,
recognize, accept, be bound by, or otherwise use electronic records or
electronic signatures;
(2)
A consumer shall not be required to create, send, receive, recognize, accept, be
bound by, or otherwise use electronic records or electronic signatures without
such
consumeŕs
consent. This paragraph shall apply to natural persons when engaged in
transactions involving money, property, or services primarily used for household
purposes; and
(3)
The provisions of this Code section shall not apply to any rule of law governing
the creation or execution of a will or testamentary or donative trust, living
will, or health care power of attorney, or to any record that serves as a unique
and transferable physical token of rights and obligations, including, without
limitation, negotiable instruments and instruments of title wherein possession
of the instrument is deemed to confer title.
(j)
Any rule of
law which requires a notary shall be deemed satisfied by the secure electronic
signature of such notary.
(k)
Even when a statute, regulation, or other rule of law specifies a particular
type of record other than an electronic record or a particular type of signature
other than an electronic signature, this chapter shall control to permit the use
of electronic records and electronic signatures in the circumstances otherwise
governed by such statute, regulation, or other rule of law, unless such statute,
regulation, or other rule of law expressly refers to and limits the application
of this chapter.
(k)
Whenever the law requires a record to be notarized and such record is created,
transmitted, received, or stored as an electronic record as permitted under this
Code section, then the notary public may sign and affix a seal to such record
using electronic means and may verify the identity of the signer using
electronic means.
(l)
Whenever the law requires the presentation or filing of a record of a
transaction between nongovernmental persons for recording or other purposes
pursuant to paragraph (1) of subsection (i) of this Code section and the
department, agency, authority, or instrumentality of the state or its political
subdivision which acts as the registrar of such record determines that it will
accept the presentation or filing of electronic records, then it shall do so in
a manner that does not substantially impair competition between different
vendors of the same or different technologies used by the nongovernmental
persons to create, transmit, receive, or store the record.
(m)
Whenever the law requires the presentation or filing of a tangible original of a
record for recording or other purposes and the original of such record has been
created, transmitted, received, or stored as an electronic record as permitted
under this Code section, then the presentation or filing of a printed copy of
such electronic record in lieu of the original shall satisfy that rule of law.
Any department, agency, authority, or instrumentality of the state or its
political subdivision which acts as the registrar of such record may require the
presenter or filer of a printed copy of an electronic record to certify its
authenticity."
SECTION
2.
Code
Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing
documents by electronic means, is amended by striking paragraph (1) of
subsection (d) and inserting in lieu thereof the following:
"(1)
As provided in subsection
(j)(k)
of Code Section
10-12-4;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.