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
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 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.