As passed by the Legislature. Signed by the Governor and effective on 4/22/97.
1. Tysinger 41st 2. Egan 40th 3. Oliver 42nd
SB 103 97 SB103/AP
SENATE BILL 103
By: Senators Tysinger of the 41st, Egan of the 40th,
Oliver of the 42nd and others
A BILL TO BE ENTITLED
AN ACT
1 To amend Title 10 of the Official Code of Georgia Annotated,
2 relating to commerce and trade, so as to enact the "Georgia
3 Electronic Records and Signatures Act"; to provide for a
4 short title; to provide for legislative construction and
5 definitions; to authorize the use of electronic records and
6 electronic signatures instead of written ones and provide
7 for the legal effect of such usage; to provide for recovery
8 by a person whose electronic signature is used in an
9 unauthorized fashion; to provide for a definition; to amend
10 Code Section 50-18-72 of the Official Code of Georgia
11 Annotated, relating to exceptions to the disclosure of
12 public records, so as to include certain information
13 relating to electronic signatures in the exceptions; to
14 amend Chapter 29 of Title 50 of the Official Code of Georgia
15 Annotated, the "Information Technology Policy Act of 1995,"
16 so as to provide for legislative intent; to provide for
17 authority for encouraging the conduct of governmental and
18 private sector business using electronic media and provide
19 for powers and duties of the Georgia Information Technology
20 Policy Council; to provide for pilot projects; to provide
21 for the Electronic Commerce Study Committee and its
22 membership, allowances, duties, and powers; to provide for
23 an effective date; to repeal conflicting laws; and for other
24 purposes.
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
26 SECTION 1.
27 Title 10 of the Official Code of Georgia Annotated, relating
28 to commerce and trade, is amended by adding at the end a new
29 chapter to read as follows:
30 "CHAPTER 12
31 10-12-1.
32 This chapter shall be known and may be cited as the
33 'Georgia Electronic Records and Signatures Act.'
34 S. B. 103
-1-
SB103/AP
1 10-12-2.
2 The provisions of this chapter shall be construed to
3 promote the development of electronic government and
4 electronic commerce.
5 10-12-3.
6 As used in this chapter the term:
7 (1) 'Electronic signature' means an electronic or
8 digital method executed or adopted by a party with the
9 intent to be bound by or to authenticate a record, which
10 is unique to the person using it, is capable of
11 verification, is under the sole control of the person
12 using it, and is linked to data in such a manner that if
13 the data are changed the electronic signature is
14 invalidated.
15 (2) 'Record' means information that is inscribed on a
16 tangible medium or that is stored in an electronic or
17 other medium and is retrievable in perceivable form.
18 'Record' includes both electronic records and printed,
19 typewritten, and tangible records.
20 10-12-4.
21 Any person or entity, including but not limited to any
22 department or agency of the state or any of its political
23 subdivisions, may, but shall not be required to, accept or
24 agree to be bound by an electronic record executed or
25 adopted with an electronic signature. Where a person or
26 other entity accepts or agrees to be bound by an
27 electronic record executed or adopted with an electronic
28 signature, then:
29 (1) Any rule of law which requires a record of that type
30 to be in writing shall be deemed satisfied; and
31 (2) Any rule of law which requires a signature shall be
32 deemed satisfied.
33 10-12-5.
34 A person whose electronic signature is used in an
35 unauthorized fashion may recover or obtain any or all of
36 the following against the person who engaged in such
37 unauthorized use, provided that the use of such electronic
38 signature in an unauthorized fashion was negligent,
39 reckless, or intentional:
40 S. B. 103
-2-
SB103/AP
1 (1) Actual damages;
2 (2) Equitable relief, including, but not limited to, an
3 injunction or restitution of money or property;
4 (3) Punitive damages under the circumstances set forth
5 in Code Section 51-12-5.1;
6 (4) Reasonable attorneys' fees and expenses; and
7 (5) Any other relief which the court deems proper.
8 As used in this Code section the term 'person' means a
9 natural person, corporation, trust, partnership,
10 incorporated or unincorporated association, or any other
11 legal entity."
12 SECTION 2.
13 Code Section 50-18-72 of the Official Code of Georgia
14 Annotated, relating to exceptions to the disclosure of
15 public records, is amended by striking "or" at the end of
16 paragraph (10) of subsection (a) thereof, striking the
17 period at the end of paragraph (11) of said subsection and
18 inserting "; or", and adding immediately thereafter the
19 following:
20 "(12) Public records containing information that would
21 disclose or might lead to the disclosure of any
22 component in the process used to execute or adopt an
23 electronic signature, if such disclosure would or might
24 cause the electronic signature to cease being under the
25 sole control of the person using it. For purposes of
26 this paragraph, the term 'electronic signature' has the
27 same meaning as that term is defined in Code Section
28 10-12-3."
29 SECTION 3.
30 Chapter 29 of Title 50 of the Official Code of Georgia
31 Annotated, the "Information Technology Policy Act of 1995,"
32 is amended by adding at the end a new Code section to read
33 as follows:
34 "50-29-12.
35 (a) The General Assembly desires to promote economic
36 development and efficient delivery of government services
37 by encouraging state governmental agencies and private
38 sector entities to conduct their business and transactions
39 using electronic media.
40 S. B. 103
-3-
SB103/AP
1 (b) All state agencies, authorities, and boards are
2 authorized to establish pilot projects, which are to serve
3 as models for the application of technology such as
4 electronic signatures, through public and private
5 partnerships with private companies providing such
6 technology related services. Such pilot projects shall be
7 approved by the Georgia Information Technology Policy
8 Council. Such projects shall consider both commercial and
9 government applications, be inclusive of major categories
10 of electronic signature technology, and be established
11 through a request for proposal process. The pilot
12 projects are intended to provide a proof of concept for
13 the application of technology, such as electronic
14 signatures, and to serve to educate the General Assembly
15 and the public at large as to the benefits of electronic
16 signatures as well as the role of state government in any
17 future regulatory capacity. One such pilot project may
18 involve digital signatures and the use of a public key
19 infrastructure established by a service provider. Any
20 private partner chosen for these pilot projects may
21 establish user fees to pay for the cost of these services
22 so that no state funds would be required.
23 (c) State agencies establishing pilot projects shall
24 submit quarterly progress reports on such projects to the
25 Georgia Information Technology Policy Council, and the
26 council shall then submit such reports to the Electronic
27 Commerce Study Committee. The council shall monitor the
28 success of such pilot projects and provide technical
29 assistance to the extent that resources of the council are
30 available.
31 (d) There is created the Electronic Commerce Study
32 Committee to be composed of 12 members. The committee
33 shall study the issues relating to electronic records and
34 signatures. The President of the Senate shall appoint
35 five members to the committee, three of whom shall be
36 members of the Senate and two of whom shall be citizen
37 members with recognized interest and expertise in
38 electronic commerce. The Speaker of the House of
39 Representatives shall appoint five members to the
40 committee, three of whom shall be members of such House
41 and two of whom shall be citizen members with recognized
42 interest and expertise in electronic commerce. The
43 President of the Senate and Speaker of the House of
44 Representatives shall also each designate from among their
45 S. B. 103
-4-
SB103/AP
1 legislator appointees one cochair of the committee. The
2 Georgia Information Technology Policy Council shall
3 appoint one member to the committee. The Secretary of
4 State shall appoint one member to the committee. The
5 committee, upon the call of either cochair, is authorized
6 to conduct meetings at such places and at such times as it
7 considers expedient and to do all other things which are
8 necessary or convenient to enable it to fully and
9 adequately exercise its powers, perform its duties, and
10 accomplish its objectives and purposes. Legislative
11 members and citizen members shall receive the allowances
12 authorized by law for members of interim legislative
13 committees for their services on the committee but shall
14 receive the same for not more than five days. Members of
15 the committee who are state officials, other than
16 legislative members, and state employees shall receive no
17 compensation for their services on the committee, but they
18 shall be reimbursed for expenses incurred by them in the
19 performance of their duties as members of the committee.
20 The funds necessary for the reimbursement of the expenses
21 of state officials, other than legislative members, and
22 state employees shall come from funds appropriated to or
23 otherwise available to their respective departments. All
24 other funds necessary to carry out the provisions of this
25 subsection shall come from the funds appropriated to or
26 otherwise available to the Senate and House of
27 Representatives. If the committee makes a report of its
28 findings and recommendations, with suggestions for
29 proposed legislation, if any, such report shall be made on
30 or before December 15, 1997. The committee shall stand
31 abolished December 15, 1997."
32 SECTION 4.
33 This Act shall become effective upon its approval by the
34 Governor or upon its becoming law without such approval.
35 SECTION 5.
36 All laws and parts of laws in conflict with this Act are
37 repealed.
38 S. B. 103
-5-