To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signatures Act" to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic signatures instead of written ones and provide for the legal effect of such usage; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, so as to include certain information relating to electronic signatures in the exceptions; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," so as to provide for legislative intent; to provide for authority for encouraging the conduct of governmental and private sector business using electronic media and provide for powers and duties of the Georgia Information Technology Policy Council; to provide for pilot projects; to provide for the Electronic Commerce Study Committee and its membership, allowances, duties, and powers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Title 10 of the Official Code of Georgia Annotated, relating to commerce
and trade, is amended by adding at the end a new chapter to read as follows:
10-12-1.
This chapter shall be known and may be cited as the "Georgia Electronic
Records and Signatures Act."
10-12-2.
The provisions of this chapter shall be construed to promote the development
of electronic government and electronic commerce.
10-12-3.
As used in this chapter the term:
(1) "Electronic signature" means an electronic or digital
method executed or adopted by a party with the intent to be bound by or
to authenticate a record, which is unique to the person using it, is capable
of verification, is under the sole contract of the person using it, and
is linked to data in such a manner that if the data are changed the electronic
signature is invalidated.
(2) "Record " means information that is inscribed on a tangible medium or that is stored in an electronic or other medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record " includes both electronic records and printed, typewritten, and tangible records.
10-12-4.
Any person or entity, including but not limited to any department or agency of the state or any of its political subdivisions, may, but shall not be required to, accept or agree to be bound by an electronic record executed or adopted with an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record executed or adopted with an electronic signature, then:
(1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied; and
(2) Any rule of law which requires a signature shall be deemed satisfied.
Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, is amended by striking "or" at the end of paragraph (10) of subsection (a) thereof, striking the period at the end of paragraph (11) of said subsection and inserting " or ", and adding immediately thereafter the following:
"(12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term "electronic signature" has the same meaning as that term is defined in Code Section 10-12-3."
SECTION 3.
Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1195," is amended by adding at the end a new Code section to read as follows:
"50-29-12.
(a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.
(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Information Technology Policy Council. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required.
(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council, and the council shall then submit such reports to the Electronic Commerce Study Committee. The council shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council are available.
(d) There is created the Electronic Commerce Study Committee to be composed of 12 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The President of the Senate and Speaker of the House of Representative shall also each designate from among their legislator appointees one cochair of the committee. The Georgia Information Technology Policy Council shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Legislative members and citizen members shall receive the allowances authorized by law for members of interim legislative committees for their services on the committee but shall receive the same for not more than five days. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this subsection shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. If the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1997. The committee shall stand abolished December 15, 1997. "
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Martin 47th offers the following amendment: Amend SB 103 by inserting following the word and symbol "usage;" on line 7 of page 1 the following:
"to provide for recovery by a person whose electronic signature is used in an unauthorized fashion; to provide for a definition;".
By deleting the quotation mark at the end of line 32 of page 2 and by inserting between lines 32 and 33 of page 2 the following:
"10-12-5.
A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such unauthorized use, provided that the use of such electronic signature in an unauthorized fashion was negligent, reckless, or intentional:
(1) Actual damages;
(2) Equitable relief, including, but not limited to, an injunction or restitution of money or property;
(3) Punitive damages under the circumstances set forth in Code Section 51-12-5.1;
(4) Reasonable attorneys' fees and expenses; and
(5) Any other relief which the court deems proper.
As used in this Code section the term "person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
Senate Agreed to House Amendment 3/24/97