Ga. Code § 44-2-39

Current through 2023-2024 Legislative Session Chapter 709
Section 44-2-39 - [Effective 1/1/2025] Adoption of rules and regulations; standardization
(a) The authority shall adopt rules and regulations and any standardized forms necessary to implement this part.
(b)
(1) The rules and regulations adopted by the authority pursuant to this Code section shall include any rules and regulations necessary to ensure that any individual wanting to submit electronic documents for recording, regardless of whether such individual is acting on his or her own behalf or on behalf of another person and prior to such individual submitting to a clerk of the superior court any electronic documents for recording, provide through the authority's electronic filing portal information sufficient to identify such individual. Such information may include, without limitation, a copy of the individual's driver's license, passport, military identification card, or personal identification card authorized under Code Sections 40-5-100 through 40-5-104.
(2) Any information required to be provided by an individual pursuant to the rules and regulations adopted by the authority pursuant to paragraph (1) of this subsection shall be retained by the authority, shall not be subject to Article 4 of Chapter 18 of Title 50, and shall be treated as confidential and released only:
(A) To peace officers in the course of investigating potential crimes;
(B) In response to a subpoena, discovery request, or court order;
(C) To an individual who holds a recorded interest in real property that was the subject of an electronic document that was submitted for recording by the individual who provided such information; or
(D) To an individual who is named as a party in an electronic document that was submitted for recording by the individual who provided such information.
(c) To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained within this part, the authority shall consider when adopting, amending, and repealing its rules and regulations and any standardized forms:
(1) Standards and practices of other jurisdictions;
(2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3) The views of interested persons and governmental officials and entities;
(4) The needs of counties of varying size, population, and resources; and
(5) Standards that ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

OCGA § 44-2-39

Amended by 2024 Ga. Laws 549,§ 1-2, eff. 1/1/2025.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
This section is set out more than once due to postponed, multiple, or conflicting amendments.