sr1030_Adopted_Senate_3.html
08 LC 36 0984
Senate Resolution 1030
By: Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th, Heath of the 31st, Staton of the 18th and others

ADOPTED SENATE

A RESOLUTION


Creating the Joint Electronic Records, Signatures, Filing, and Recording Study Committee; and for other purposes.

WHEREAS, with the advent of electronic means of communication and information transfer, business models and methods for doing business have evolved to take advantage of the speed, efficiency, and cost benefits of electronic technologies; and

WHEREAS, these developments have occurred in the face of existing legal barriers to the legal efficacy of records and documents which exist solely in electronic media; and

WHEREAS, it is important that, to the extent electronic records and signatures are validated and effectuated under Georgia law, this be done within a clear framework with an eye toward what is being done throughout the country so as to avoid making the use of such technology more burdensome than it is in other states without legitimate reason and to prevent discouraging people from conducting certain transactions within this state; and

WHEREAS, technology exists to provide for and improve upon mechanisms for electronic court filings; and

WHEREAS, it is critical that before any new legislation is drafted in this area careful consideration is given as to what the potential impact will be on matters such as the fees associated with electronic court filings, search and retrieval of electronic court filings, the admissibility of evidence, record retention, and notaries; and

WHEREAS, other areas of the law should also be reviewed in conjunction with the evaluation of the use of electronic records and signatures such as contract law, business transactions, automated transactions, and the use of electronic records and electronic signatures between private parties; and
WHEREAS, it is now possible to have sale contracts, mortgage instruments, and promissory notes in electronic form with the electronic signatures of the parties involved in the transaction, and, in order to modernize real property law in Georgia for the 21st Century, the implementation of an electronic recording system designed to help state administrative agencies and other governmental entities meet the demands of the public for quick identification of title ownership will serve to streamline real estate transactions to the benefit of consumers in Georgia and every facet of the real estate industry in this state; and

WHEREAS, it may be in the best interests of the citizens of this state to authorize land records officials to begin accepting records in electronic form, storing electronic records, and setting up systems for searching for and retrieving these land records; and

WHEREAS, uniform acts exist such as the Uniform Electronic Transactions Act and the Uniform Real Property Electronic Recording Act, which provide guidance and uniform standards in using electronic records and signatures and adopting legislation addressing these areas; and

WHEREAS, such model acts and the issues relating to the use of electronic records and signatures warrant close study during the interim between the 2008 and 2009 regular sessions of the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Electronic Records, Signatures, Filing, and Recording Study Committee to be composed of three members to be appointed by the Speaker of the House of Representatives and three members to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate a member and the President of the Senate shall designate a member to serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. At a minimum, the committee shall:
(1) Conduct a review of the technology which exists as to electronic records, electronic signatures, electronic filing, electronic recording, electronic storing, and searching and retrieving electronic documents;
(2) Conduct a review of the model acts relating to electronic records, electronic signatures, electronic filing, and the electronic recording of real estate records, including, but not necessarily limited to, the Uniform Electronic Transactions Act and the Uniform Real Property Electronic Recording Act; and
(3) Recommend what legislation, if any, should be adopted by the General Assembly relating to electronic records, electronic filing, electronic signatures, and the electronic recording of real estate records.

BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized.

BE IT FURTHER RESOLVED that the committee is directed to make a report of its findings and recommendations on or before the convening of the 2009 session of the General Assembly, at which time the committee shall stand abolished.