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SB24.html
01 SB24/AP
Senate Bill
24
By: Senators Lamutt of the 21st, Polak of
the 42nd, Thomas of the 54th, Perdue of the
18th and Mullis of the 53rd
AS PASSED
AN ACT
To amend Chapter 12 of Title 10 of the Official Code of
Georgia Annotated, relating to electronic records and signatures, so as to
provide for legislative findings and intent; to expressly permit the use of
electronic records and signatures unless the provisions of Chapter 12 of Title
10 are otherwise expressly referred to and limited; 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 in Code
Section 10-12-2, relating to construction, by designating the existing
provisions thereof as subsection (a) and adding a new subsection (b) to read as
follows:
"(b)
The General Assembly finds that this chapter is consistent with the Electronic
Signatures in Global and National Commerce Act (15 U.S.C.S. Sections 7001, et
seq., and 47 U.S.C.S. Section 231) as contemplated in Section 7002 (a)(2)(A)
thereof and therefore continues to have the full force of law. The General
Assembly further reaffirms its intent that this chapter continue to have the
full force of
law."
SECTION 2.
Said chapter is further amended in Code Section 10-12-4,
relating to legal effect of electronic signatures and records, contest based on
fraud, authentication or identification, limitations, and notarization, by
adding a new subsection (k) to read as
follows:
"(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."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.