SB8: SB8 Courts; arrest warrant requirements when juvenile courts are acting as courts of inquiry; provide

26 LC 44 3546S The House Committee on Judiciary, Juvenile offers the following substitute to SB 8: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 15 and Article 1 of Ch apter 17 of Title 45 of the1 Official Code of Georgia Annotated, relating to clerks of super ior courts and general2 provisions regarding notaries public, respectively, so as to provide for remote online notaries3 public and remote online notarizations; to revise and provide f or definitions; to revise the4 powers of the Georgia Superior Court Clerks' Cooperative Author ity; to provide for5 requirements for remote online notaries public and remote online notarization; to provide that6 the Georgia Superior Court Clerks' Cooperative Authority may adopt certain standards for7 remote online notarization; to provide for application and appo intment as a remote online8 notary public; to provide requirements for electronic journaling; to amend Part 2 of Article9 15 of Chapter 1 of Title 10, Part 1 of Article 1 of Chapter 2 o f Title 44 and Article 4 of10 Chapter 18 of Title 50 of the Official Code of Georgia Annotate d, relating to the "Fair11 Business Practices Act of 1975," recording of deeds and other real property transactions and12 inspection of public records, respectively, so as to provide for an unfair or deceptive practice13 in consumer transactions in the recording of certain residentia l real estate documents; to14 revise recordation standards for deeds and other real property transactions requiring an15 official and an unofficial witness; to provide for the electron ic execution of instruments,16 documents, deeds, and real estate documents; to provide that certain records of remote online17 notarization processes shall not be subject to public disclosure; to make certain acts of the18 S. B. 8 (SUB) - 1 - 26 LC 44 3546S unauthorized practice of law felonies and to provide for penalties therefore; to amend Article19 3 of Chapter 19 of Title 15 of the Official Code of Georgia Ann otated, relating to the20 regulation of practice of law, so as to make certain acts of the unauthorized practice of law21 felonies and to provide for penalties therefore; to provide for related matters; to provide22 effective dates and applicability; to repeal conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 PART I25 SECTION 1-1.26 Article 2 of Chapter 6 of Title 15 of the Official Code of Geor gia Annotated, relating to27 clerks of superior courts, is amended by revising paragraphs (8) and (9) and by adding a new28 paragraph to subsection (d) of Code Section 15-6-94, relating to the Georgia Superior Court29 Clerks' Cooperative Authority, to read as follows:30 "(8) To exercise any power granted by the laws of this state to public or private31 corporations which is not in conflict with the public purpose of the authority; and32 (9) To issue technical standards for remote online notarization pursuant to Article 1 of33 Chapter 17 of Title 45; and34 (9)(10) To do all things necessary or convenient to carry out the powers conferred by this35 Code section and to carry out such duties and activities as are specifically imposed upon36 the authority by law."37 SECTION 1-2.38 Article 1 of Chapter 17 of Title 45 of the Official Code of Geo rgia Annotated, relating to39 general provisions regarding notaries public, is amended by revising Code Section 45-17-1,40 relating to definitions, as follows:41 S. B. 8 (SUB) - 2 - 26 LC 44 3546S "45-17-1.42 As used in this article, the term:43 (1) 'Appear', 'personally appear', and 'in the presence of' mean:44 (A) Being in the same physical location as another individual and close enough to see,45 hear, communicate with, and exchange tangible identification cr edentials with such46 individual; or47 (B) Interacting with another individual by means of communicat ion technology that48 complies with the provisions of this article.49 (2) 'Attesting', and 'attestation', and 'attested' are synonymous and mean the notarial act50 of witnessing or attesting a signature or execution of a deed or other written instrument,51 where such notarial act does not involve the taking of an ackno wledgment, the52 administering of an oath or affirmation, the taking of a verification, or the certification53 of a copy.54 (3) 'Communication technology' means an electronic device or p rocess that allows a55 remote online notary public physically located in this state an d a remotely located56 individual to communicate with each other simultaneously by sight and sound and which,57 as necessary, makes reasonable accommodations for individuals with vision, hearing, or58 speech impediments.59 (4) 'Credential analysis' means a process or service operating according to the standards60 through which a third-party business entity affirms the validity of a government issued61 identification credential through review of public or proprietary data sources.62 (5) 'Digital signature' means an electronic signature that embeds registered personal key63 infrastructure technology into the signing process and provides for the authentication of64 the identity of a remote online notary public, confirmation of the signed document's65 contents, and for the nonrepudiation of the notary's electronic signature. The digital66 signature shall be made pursuant to and associated with a digital certificate issued by a67 trusted service provider which is attached to or logically asso ciated with an electronic68 S. B. 8 (SUB) - 3 - 26 LC 44 3546S document and adopted by a notary public with the intent to sign an electronic document69 in the official capacity as a notary. Such term means an electronic signature that is, and70 shall be, made in compliance with the standards adopted pursuan t to this article by the71 Georgia Superior Court Clerks' Cooperative Authority based on t he Digital Signature72 Standard (DSS) of the National Institute of Standards and Technology (NIST).73 (6) 'Electronic' means relating to technology having electrica l, digital, magnetic,74 wireless, optical, electromagnetic, or similar capabilities.75 (7) 'Electronic document' and 'electronic record' mean informa tion created, generated,76 sent, communicated, received, or stored by electronic means.77 (8) 'Electronic in-person notarization' means the notarization of an electronic record78 when the signer or signers of the record are in the physical presence of the notary public79 and that include the notary's electronic notarial certificate, the notary's digital signature,80 and electronic signatures of each signer.81 (9) 'Electronic journal' means a record kept by the remote online notary public to track82 and document each notarial act performed, as provided by subsection (a) of Code Section83 45-17-8.5.84 (10) 'Electronic notarial certificate' means the electronic fo rm of an acknowledgment,85 jurat, verification by oath or affirmation, or verification of witness or attestation that is86 completed by a notary performing an electronic in-person notarization and:87 (A) Contains the notary public's digital signature, electronic seal, title, and commission88 expiration date; or89 (B) Otherwise conforms to the requirements for an acknowledgment, jurat, verification90 by oath or affirmation, or verification of witness or attestati on under the laws of this91 state.92 (11) 'Electronic seal' means information within a notarized el ectronic document that93 confirms the remote online notary public's, or electronic in-person notary public's, name,94 S. B. 8 (SUB) - 4 - 26 LC 44 3546S jurisdiction, commission expiration date, commission number, and otherwise generally95 corresponds to information in notary public seals used on paper documents.96 (12) 'Electronic signature' means an electronic sound, symbol, or process attached to or97 logically associated with an electronic record and executed or adopted by an individual98 with the intent to sign the electronic document or record.99 (13) 'Identity proofing' means a process or service operating pursuant to the standards100 through which credential analysis and authentication confirms t he identity of an101 individual.102 (2)(14) 'Notarial act' means any act that a notary public is authorized by law to perform103 and includes, without limitation, attestation, the taking of an acknowledgment, the104 administration of an oath or affirmation, the taking of a verif ication upon an oath or105 affirmation, and the certification of a copy.106 (3)(15) 'Notarial certificate' means the notary's documentation of a notarial act.107 (16) 'Notary' and 'notary public' mean a person who has been granted a commission by108 a clerk of superior court pursuant to Code Section 45-17-2.3.109 (17) 'Original appointment' means a notary public appointment other than a remote110 online notary public appointment.111 (18) 'Real estate document' means any instrument, document, or deed entitled to112 recordation in the real property records or lien indices or recording records maintained113 by the clerk of superior court, and any instrument or document executed in connection114 with the conveyance of land whether recorded or not.115 (19) 'Remote online notarial certificate' is the electronic fo rm of an acknowledgment,116 jurat, verification by oath or affirmation, or verification of witness or attestation that is117 completed by a remote online notary public performing a remote online notarization and:118 (A) Contains the remote online notary public's digital signature, electronic seal, title,119 and commission expiration date;120 S. B. 8 (SUB) - 5 - 26 LC 44 3546S (B) Contains the date and location address of the signer or si gners and the location121 address of the remote online notary public;122 (C) Contains a statement that the signer or signers executing the electronic document123 or making the acknowledgment, jurat, oath, affirmation, verific ation, or attestation124 appeared remotely online;125 (D) Otherwise conforms to the requirements for an acknowledgment, jurat, verification126 by oath or affirmation, or verification of witness or attestati on under the laws of this127 state; and128 (E) Contains a statement that the signer or signers affirmativ ely agreed to electronic129 execution and remote online notarization.130 (20) 'Remote online notarization' or 'remote online notarial a ct' means a notarial act131 performed by a remote online notary public by means of communic ation technology132 according to the provisions of this article.133 (21) 'Remote online notary public' means a notary public who has been commissioned134 as a remote online notary public to perform online notarizations under this article.135 (22) 'Remote presentation' means transmission to the remote on line notary public136 through communication technology of an image of a government is sued identification137 credential that is of sufficient quality to enable the remote online notary public to:138 (A) Identify the individual seeking the remote online notary public's services; and139 (B) Perform credential analysis.140 (23) 'Remotely located individual' means an individual who is not in the physical141 presence of the remote online notary public.142 (24) 'Repository' means a third-party business entity authorized to transact business in143 this state that is in the business of retaining electronic journals and copies of audiovisual144 recordings of remote online notarizations according to Code Section 45-17-8.5.145 (25) 'Signer' means an individual whose electronic signature is notarized in an electronic146 in-person notarization or a remote online notarization or is making an oath or affirmation147 S. B. 8 (SUB) - 6 - 26 LC 44 3546S or an acknowledgment, other than in the capacity of a witness, for a document which is148 to be notarized by an electronic in-person notarization or a remote online notarization.149 (26) 'Standards' means the remote online notary standards as s hall be adopted by the150 Georgia Superior Court Clerks' Cooperative Authority."151 SECTION 1-3.152 Said article is further amended by revising Code Section 45-17-6, relating to seal of office,153 as follows:154 "45-17-6.155 (a)(1) For the authentication of his or her notarial acts, each notary public must provide156 a seal of office, which seal shall have for its impression his the notary's name, the words157 'Notary Public,' the name of the state, and the county of his r esidence the notary's158 appointment; or it shall have for its impression his the notary's name and the words159 'Notary Public, Georgia, State at Large.' Notaries commissione d or renewing their160 commission after July 1, 1985, shall provide a seal of office w hich shall have for its161 impression the notary's name, the words 'Notary Public,' the na me of the state, and the162 county of his the notary's appointment. The embossment of notarial certificates by the163 notary's seal shall be authorized but not necessary, and the use of a rubber or other type164 stamp shall be sufficient for imprinting the notary's seal on paper notarial certificates. A165 scrawl shall not be a sufficient notary seal. An official notarial act must be documented166 by the notary's seal. An electronic seal shall be used for pur poses of any electronic167 in-person notarization or remote online notarization.168 (2) No document executed prior to July 1, 1986, which would otherwise be eligible for169 recording in the real property records maintained by any clerk of superior court or170 constitute record notice or actual notice of any matter to any person shall be ineligible for171 recording or fail to constitute such notice because of noncompliance with the requirement172 that the document contain a notary seal.173 S. B. 8 (SUB) - 7 - 26 LC 44 3546S (b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal174 to any person unless the person has presented the duplicate ori ginal of the certificate175 commissioning the person as a notary public. It shall be unlawful for any person to order176 or obtain a notary public seal unless such person is commissioned as a notary public."177 SECTION 1-4.178 Said article is further amended by revising subsection (a) of Code Section 45-17-8.1, relating179 to signature and date of notarial act, as follows:180 "(a) Except as otherwise provided in this Code section, in docu menting a notarial act, a181 notary public shall sign on the notarial certification, digital ly in the case of electronic182 in-person notarization or remote online notarization or by hand in ink in all other cases ,183 only and exactly the name indicated on the notary's commission and shall record on the184 notarial certification the exact date of the notarial act."185 SECTION 1-5.186 Said article is further amended by adding new Code sections to read as follows:187 "45-17-8.3.188 (a) Prior to January 1, 2027, the Georgia Superior Court Clerk s' Cooperative Authority189 shall adopt standards for remote online notarization in accordance with this article.190 (b) The Georgia Superior Court Clerks' Cooperative Authority m a y c o n f e r w i t h a n y191 appropriate state agency on matters relating to equipment, secu rity, and technological192 aspects of the remote online notarization standards.193 (c) In the adoption of a ny standards it may adopt pursuant to this article, the Georgia194 Superior Court Clerks' Cooperative Authority shall consider the most recent standards195 established by relevant national bodies, including, but not limited to, the Mortgage Industry196 Standards Maintenance Organization (MISMO) and the National Association of Secretaries197 of State (NASS).198 S. B. 8 (SUB) - 8 - 26 LC 44 3546S 45-17-8.4.199 (a) Appointment as a notary public in this state shall be a re quirement and condition200 precedent for appointment as a remote online notary public.201 (b) Before each application for appointment as a remote online notary public, an individual202 shall complete a course of instruction provided by the Georgia Superior Court Clerks'203 Cooperative Authority and pass an examination based on such course. The content of the204 course shall include notarial standards and procedures, the sta ndards, and ethical205 obligations pertaining to electronic in-person notarization and remote online notarization206 in this article or in any other law. Such course may be taken in conjunction with any207 course required by the clerk of superior court for an original appointment. The standards208 for such course shall be developed and maintained and administe red by the Georgia209 Superior Court Clerks' Cooperative Authority.210 (c) Except for a remote online notary public as commissioned under subsection (h) of this211 Code section, effective January 1, 2027, an individual who meet s the qualifications for212 becoming a notary public of this state desiring to be appointed as a remote online notary213 public shall submit an application to the clerk of superior cou rt of the county of the214 applicant's current residence. In the event that such applicant is the holder of an unexpired215 notary commission issued from a county other than the county of the applicant's current216 residence, such applicant shall officially resign the unexpired commission and make new217 application to the clerk of superior court for the county of cu rrent residence for both a218 notary commission and appointment as a remote online notary public. An application may219 request both an original appointment or renewal and a remote on line notary public220 appointment. The application for a remote online notary public appointment shall set forth221 the declaration that the notary meets the qualifications for re mote online notarization as222 provided by this article. Such application shall include, but shall not be limited to:223 (1) The applicant's legal name to be used in acting as a notary public;224 (2) Email address of the applicant;225 S. B. 8 (SUB) - 9 - 26 LC 44 3546S (3) Telephone number of the applicant;226 (4) Proof of successful completion by the applicant of the cou rse and examination227 required by subsection (b) of this Code section;228 (5) A physical residential address of the applicant in this state if a resident of this state;229 (6) The business address of the applicant in this state if the applicant is a resident of a230 state bordering this state who maintains a business or profession in the State of Georgia231 or who is regularly employed in this state.232 (7) Evidence that the notary surety bond prescribed by this article for the performance233 or remote online notarial acts has been issued;234 (8) The identity of the technology provider the remote online notary public intends to use235 for remote online notarization and the repository to be used by such notary for236 maintenance of his or her electronic journal and audiovisual recordings. The technology237 provider, communication technology, and repository selected by the remote online notary238 public must conform to standards;239 (9) A certification that the applicant will comply with this article and the standards;240 (10) Disclosure of any and all license or commission revocations or other governmental241 disciplinary actions against the applicant; and242 (11) Any other information, evidence, or declaration requested by the clerk of superior243 court.244 (d) The fee for submitting an application for appointment as a remote online notary shall245 be the same fee as for an application for an original appointment pursuant to Code Section246 45-17-4. One fee shall be collected for each of the following:247 (1) An application for an appointment as a remote online notary public;248 (2) An application for a notary commission renewal and an appo intment as a remote249 online notary public; or250 (3) An application for an original or new notary commission an d appointment as a251 remote online notary public.252 S. B. 8 (SUB) - 10 - 26 LC 44 3546S (e) Upon the applicant's fulfillment of the requirements for c ommission or appointment253 under this chapter, the clerk of superior court may approve or deny the commission or254 appointment based on Code Section 45-17-2.3 and the provisions of this article, and upon255 approval shall issue to the applicant an appointment as a remote online notary public and256 a unique remote online notary public commission number.257 (f) Unless terminated pursuant to this article, the term of commission to perform remote258 online notarization shall coincide with the term of the original appointment or any renewal259 thereof.260 (g) Upon approval of the application to be appointed a remote online notary public by the261 clerk of superior court, such notary shall:262 (1) Be authorized to perform remote online notarization pursuant to this article;263 (2) Maintain a notary surety bond in the amount of $2,000.00;264 (3) Except for a remote online notary public as appointed unde r subsection (h) of this265 Code section, maintain a residential domicile and physical presence in this state; and266 (4) Promptly notify the appointing clerk of superior court, wi th a copy to the Georgia 267 Superior Court Clerks' Cooperative Authority, of any change in the information provided 268 in the remote online notary public application, including, but not limited to, legal name,269 email address, telephone number, physical residential address, any change in the270 technology or repository provider used by such online notary public, and the name and271 address of the repository used by such remote online notary public for maintenance of his272 or her electronic journal.273 (h)(1) Any person who is a resident of a state bordering this state and who carries on a274 business or profession in the State of Georgia or who is regularly employed in this state275 may be appointed as a remote online notary public by the clerk of the superior court of276 the county in which the person carries on said profession, business, or employment.277 S. B. 8 (SUB) - 11 - 26 LC 44 3546S (2) Such person wishing to be appointed as a remote online notary public shall meet all278 the requirements of Code Section 45-17-2 as to an original appointment and this article279 as to a remote online notary public appointment.280 (3) In addition to the submission requirements for an original appointment under Code281 Section 45-17-2.1, such individual shall submit the application for a remote online notary282 public as required in this article to the clerk of superior court in the county in which such283 individual carries on su ch profession, business, or employment. The clerk of superior284 court shall approve or deny such application based on the provisions of this article and285 Code Section 45-17-2.3. Upon approval and payment of the usual fees to the clerk, the286 applicant shall be issued a unique remote online notary public commission number and287 shall be authorized to perform all duties and exercise all of t he powers and authorities288 relating to remote online notary publics who are residents of this state.289 45-17-8.5.290 (a) Each remote online notary public shall keep a secure, perm anent, tamper-evident291 electronic journal in accordance with the provisions of this article and the standards with292 entries for each remote online notarization. A journal entry shall at a minimum include the:293 (1) Date and time of the remote online notarization;294 (2) Type of remote online notarial act;295 (3) Type, title, or description of the electronic document or proceeding;296 (4) Name and address of each signer involved in the transaction or proceeding notarized297 by such notary;298 (5) Confirmation of identify based on evidence of identity pre sented for each signer299 involved in the transaction or proceeding in the form of:300 (A) Notation of the type of identification document provided t o the remote online301 notary public pursuant to the credential analysis; and302 (B) A description and results of each identity proofing performed;303 S. B. 8 (SUB) - 12 - 26 LC 44 3546S (6) Physical location of the signer or signers of the document at the time of notarization;304 (7) Physical location of the remote online notary public at th e time of remote online305 notarization; and306 (8) The fee, if any, charged for the remote online notarization.307 (b) The electronic journal shall be retained and maintained for at least ten years after the308 date of the last remote online notarial transaction performed.309 (c) Each remote online notary public shall cause an electronic copy of each electronic310 journal entry to be promptly transmitted to and retained by a repository for retention. Each311 repository receiving any journal or journal entry shall securel y retain and maintain such312 electronic journal for a minimum of ten years following the last submission of an electronic313 journal entry by a remote online notary public.314 (d) Each remote online notary public shall create an audiovisu al recording of the315 performance of the remote online notarial act as evidence of pa rticipant identity, type of316 participant identification presented, and the validity of the notarial act.317 (e) Each remote online notary public shall cause an electronic copy of each audiovisual318 recording to be immediately transmitted to and retained by a repository. Each repository319 receiving any audiovisual recording shall securely retain and m aintain such audiovisual320 recording for a minimum of ten years following submission of th e last audiovisual321 recording submitted by a remote online notary public.322 (f)(1) In the adoption of any standards regarding remote online notarization, the Georgia323 Superior Court Clerks' Cooperative Authority shall consider the most recent guidance or324 model standards proposed by relevant organizations recognized in such field of practice,325 including, but not limited to, the Mortgage Industry Standards Maintenance Organization326 (MISMO) and the National Association of Secretaries of State (NASS).327 (2) In the adoption of any standards regarding digital signatures, the Georgia Superior328 Court Clerks' Cooperative Authority shall consider the most rec ent guidance or model329 standards proposed by relevant organizations recognized in such field of practice,330 S. B. 8 (SUB) - 13 - 26 LC 44 3546S including, but not limited to, the Digital Signature Standard ( DSS) of the National331 Institute of Standards and Technology (NIST).332 (g) A remote online notary public shall take reasonable steps to:333 (1) Ensure the integrity, security, and authenticity of each remote online notarization;334 (2) Maintain a backup of each electronic journal required by subsection (a) of this Code335 section and the recording required by subsection (d) of this Code section; and336 (3) Protect the backup record from unauthorized use.337 45-17-8.6.338 (a) A notary public physically located in this state may perfo rm electronic in-person339 notarization in accordance with this article and the standards for an individual who is in the340 physical presence of the notary public.341 (b) A remote online notary public physically located in this s tate may perform remote342 online notarization using communication technology in accordance with this article and the343 standards for a remotely located individual who is physically located:344 (1) In this state;345 (2) Outside this state but within the United States; or346 (3) Outside the United States if:347 (A) The remote online notary public has no actual knowledge that the act of making348 the statement or signing the electronic record is prohibited in the jurisdiction in which349 the person is located; and350 (B) The signer placing his or her electronic signature on the electronic record confirms351 to the remote online notary public that the requested remote online notarial act and the352 electronic record:353 (i) Are part of or pertain to a matter that is to be filed wit h or is currently before a354 court, governmental entity, or other entity in the United States;355 (ii) Relate to property located in the United States; or356 S. B. 8 (SUB) - 14 - 26 LC 44 3546S (iii) Relate to a transaction that is substantively connected to the United States.357 45-17-8.7.358 (a) A notary public and a remote online notary public shall take reasonable steps to ensure359 that any registered device or digital certificate used to create an electronic signature or the360 notary's or remote online notary public's digital signature is current, valid, and has not been361 revoked or terminated by the device's or certificate's issuing or registering authority.362 (b) The duties of the notary public and the remote online notary public, in addition to the363 duties provided for in Code Section 45-17-8, are to:364 (1) Keep his or her electronic record, electronic signature, and electronic seal secure and365 under his or her exclusive control;366 (2) Not allow another person to use his or her electronic reco rd, digital signature, or367 electronic seal. A remote online notary public may use such re mote online notary368 public's digital signature only for performing electronic in-person notarization or remote369 online notarization and a notary public may use such notary public's digital signature only370 for performing electronic in-person notarization;371 (3) Attach his or her digital signature and seal to the remote online notarial certificate of372 an electronic document in a manner that is conducive to indepen dent verification and373 renders evident any subsequent change or modification to the electronic document; and374 (4) Immediately notify an appropriate law enforcement agency and appointing clerk of375 superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority,376 of the theft or vandalism of such notary's or remote online not ary public's electronic377 record, digital signature, or electronic seal. A notary public or a remote online notary378 public shall immediately notify the appointing clerk of superior court, with a copy to the379 Georgia Superior Court Clerks' Cooperative Authority, if his or her electronic record,380 digital signature, or electronic seal has been lost or used by another person.381 S. B. 8 (SUB) - 15 - 26 LC 44 3546S 45-17-8.8.382 (a) In performing a remote online notarization, a remote online notary public shall verify383 the identity of a signer creating an electronic signature at the time that the signature is taken384 by using secure communication technology that meets the requirements of this article and385 any standards adopted under this article; provided, however, th at a failure to provide an386 accommodation shall not invalidate an otherwise valid notarial act. Identity shall be387 verified by each of the following:388 (1) Remote presentation by the person creating the electronic signature of a valid389 government issued identification credential, including a passport or driver's license, that390 contains the signature and a photograph of such person;391 (2) Credential analysis; and392 (3) Successful verified identity proofing.393 (b) The remote online notary public's communication technology provider and repository394 shall take reasonable steps to ensure that the communication technology used for a remote395 online notarization is secure from unauthorized interception. Each provider of396 communication technology products or services for remote online notarization in this state397 shall cause such products or services to comply with all provisions of this article and the398 standards relating to remote online notarization. Prior to providing remote online notary399 public products or services, a communication technology provider shall present a certificate400 of compliance to the remote online notary public affirming that such products and services401 comply with the provisions of this article and the standards pursuant to this article.402 (c) A remote online notary public shall require his or her com munication technology403 provider used to comply with the provisions of this article and the standards.404 (d) A remote online notarial act meeting the provisions of this Code section shall satisfy405 the requirement of any law of this state relating to a notarial act that requires a signer to406 appear or personally appear before a notary or that the notaria l act be performed in the407 S. B. 8 (SUB) - 16 - 26 LC 44 3546S presence of a notary, except for a notarial act pursuant to a law governing the creation and408 execution of wills, codicils, or testamentary trusts.409 (e) An electronic document executed by a signer and notarized under this article by a410 remote online notary public shall be deemed to be executed in this state.411 45-17-8.9.412 (a) A remote online notary public or the remote online notary public's employer may413 charge a fee for performance of remote online notarization in a n amount not to exceed414 $25.00 per remote online notarization.415 (b) A notary public or a remote online notary public whose commission terminates shall416 destroy or delete the coding, disk, certificate, card, software, hardware, or password that417 enables the electronic affixation of the notary public's or rem ote online notary public's418 official digital signature and electronic seal.419 (c) Any person that, without authorization, knowingly obtains, conceals, damages,420 destroys, or deletes the coding, disk, certificate, card, softw are, hardware, or password421 enabling a notary public or a remote online notary public to af fix a digital signature or422 electronic seal shall, upon conviction thereof, be guilty of a misdemeanor and punished423 pursuant to Code Section 45-17-20.424 45-17-8.10.425 (a) Nothing in this article shall be construed to alter or supersede any provision of law as426 set forth under Article 3 of Chapter 19 of Title 15 or any opinion or ruling by the Supreme427 Court of Georgia pertaining to the unauthorized practice of law in this state, including, but428 not limited to, the requirement that a licensed Georgia attorney shall supervise a real estate429 closing for real property located in this state.430 S. B. 8 (SUB) - 17 - 26 LC 44 3546S (b) A remote online notary public who is not a licensed Georgi a attorney shall be431 prohibited from rendering services or advice that constitutes t he practice of law in this432 state.433 45-17-8.11.434 (a) Any public official in this state, including all public officials of county and municipal435 government entities, shall be authorized to accept as an origin al a reproduction of any436 document executed using electronic signatures or electronic signatures and remote online437 notarization.438 (b) Any requirement that an instrument, document, deed, or rea l estate document be439 attested or acknowledged by a notary public and the requirement of confirmation of440 identity of the document signer, oath taker, or affirmant contained in 45-17-8 is satisfied441 by a remote online notarial act or an electronic in-person nota rial act meeting the442 requirements of this article.443 (c) A remote online notarial act performed by a remote online notary public commissioned444 or registered in another state shall have the same effect under the laws of this state as if445 performed by a notary public appointed in this state.446 (d) A notary public or a remote online notary public shall not perform any notarial act by447 electronic in-person notarization or remote online notarial act by remote online notarization448 if the notarial act or remote online notarial act is pursuant to a law governing the creation449 and execution of any will, codicil or testamentary trust."450 SECTION 1-6.451 Said article is further amended by revising Code Section 45-17-9, relating to where notarial452 acts may be exercised, as follows:453 S. B. 8 (SUB) - 18 - 26 LC 44 3546S "45-17-9.454 Notarial acts or remote online notarial acts may be exercised in or from any county in the455 this state."456 SECTION 1-7.457 Said article is further amended by revising Code Section 45-17-17, relating to resignation of458 commission, return of papers, and destruction of seal, as follows:459 "45-17-17.460 A person who wishes to resign a notarial commission or remote o nline notarial461 appointment shall send a signed letter of resignation to the appointing cl erk of superior462 court, with a copy to the Georgia Superior Court Clerks' Cooper ative Authority, and all463 papers of commission or appointment. The resigning notary public or remote online notary464 public shall destroy or delete the official notarial seal."465 SECTION 1-8.466 Said article is further amended by revising Code Section 45-17-18, relating to destruction of467 seal upon expiration or denial of renewal of commission, as follows:468 "45-17-18.469 A notary public or remote online notary public whose commission or appointment expires470 and who does not apply for renewal of such commission or appoin tment or whose471 application for renewal of a commission or appointment is denied shall destroy or delete472 the official notary seal."473 S. B. 8 (SUB) - 19 - 26 LC 44 3546S PART II474 SECTION 2-1.475 Part 2 of Article 15 of Chapter 1 of Title 10 of the Official C ode of Georgia Annotated,476 relating to the "Fair Business Practices Act of 1975," is amended by revising paragraphs (33),477 (34), and 35 of and by adding a new paragraph to subsection (b) of Code Section 10-1-393,478 relating to unfair or deceptive practices in consumer transactions unlawful and examples, to479 read as follows:480 "(33)(A) For any person, firm, partnership, association, or corporation to issue a gift481 certificate, store gift card, or general use gift card without:482 (i) Including the terms of the gift certificate, store gift card, or general use gift card483 in the packaging which accompanies the certificate or card at t he time of purchase,484 as well as making such terms available upon request; and485 (ii) Conspicuously printing the expiration date, if applicable, on the certificate or card486 and conspicuously printing the amount of any dormancy or nonuse fees on:487 (I) The certificate or card; or488 (II) A sticker affixed to the certificate or card.489 A gift certificate, store gift card, or general use gift card s hall be valid in accordance490 with its terms in exchange for merchandise or services.491 (B) As used in this paragraph, the term:492 (i) 'General use gift card' means a plastic card or other elec tronic payment device493 which is usable at multiple, unaffiliated merchants or service providers; is issued in494 an amount which amount may or may not be, at the option of the issuer, increased in495 value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis496 by a consumer; and is honored upon presentation by merchants for goods or services.497 (ii) 'Gift certificate' means a written promise that is usable at a single merchant or an498 affiliated group of merchants that share the same name, mark, or logo; is issued in a499 S. B. 8 (SUB) - 20 - 26 LC 44 3546S specified amount and cannot be increased in value on the face thereof; is purchased500 on a prepaid basis by a consumer in exchange for payment; and i s honored upon501 presentation for goods or services by such single merchant or a ffiliated group of502 merchants that share the same name, mark, or logo.503 (iii) 'Store gift card' means a plastic card or other electronic payment device which504 is usable at a single merchant or an affiliated group of merchants that share the same505 name, mark, or logo; is issued in a specified amount and may or may not be increased506 in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for507 payment; and is honored upon presentation for goods or services by such single508 merchant or affiliated group of merchants that share the same name, mark, or logo; 509 (34) For any person, firm, partnership, business, association, or corporation to willfully510 and knowingly accept or use an individual taxpayer identification number issued by the511 Internal Revenue Service for fraudulent purposes and in violation of federal law; and512 (35) Knowingly presenting for recording a one-to-four family re sidential real estate513 document to the clerk of superior court that the presenter knew at the time of presentation514 resulted from actions that constitute the unauthorized practice of law in violation of515 paragraph (2) or (4) of Code Section 15-19-50 or any advisory o pinions issued by the516 Supreme Court of Georgia related to either such paragraph; and517 (35) (36) Failure to comply with the provisions of Code Section 10-6A-9 or 10-6A-10518 regarding brokerage engagements and options to enter into brokerage engagements."519 SECTION 2-2.520 Part 1 of Article 1 of Chapter 2 of Title 44 of the Official Co de of Georgia Annotated,521 relating to recording of deeds and other real property transactions, is amended by adding a522 new subsection to Code Section 44-2-14, relating to requirements for recordation, to read as523 follows:524 S. B. 8 (SUB) - 21 - 26 LC 44 3546S "(e) Any instrument presented to the clerk of superior court for recordation that requires525 an official and an unofficial witness may be admitted to record if the authorized signatures526 of both witnesses and any required seals are present on or in s uch document. The clerk527 shall have no further duty to examine the circumstances of the witnessing, or witnesses,528 method or location of same."529 SECTION 2-3.530 Said part is further amended by adding a new Code section to read as follows:531 "44-2-31.532 (a) Any requirement that a real estate document be witnessed, attested, or acknowledged533 by an unofficial witness is satisfied if:534 (1) The witness is physically present with the signer, personally sees the signer execute535 such real estate document by hand in ink; or536 (2) The witness is physically present with the signer, persona lly sees the signer537 electronically execute the real estate document, or is physically present in this state and538 sees the signer electronically execute such real estate documen t by the use of539 communication technology in accordance with Chapter 17 of Title 45, and electronically540 executes the real estate document by the use of communication technology in accordance541 with Chapter 17 of Title 45.542 (b) Terms used in this Code Section shall have the same meanin gs set forth in Code543 Section 45-17-1."544 SECTION 2-4.545 Article 4 of Chapter 18 of Title 50 of the Official Code of Geo rgia Annotated, relating to546 inspection of public records, is amended by revising paragraphs (51) and (52) of and by547 adding a new paragraph to subsection (a) of Code Section 50-18-72, relating to when public548 disclosure not required, to read as follows:549 S. B. 8 (SUB) - 22 - 26 LC 44 3546S "(51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link550 'ATL' Authority, or the Department of Transportation by a for-h ire ground transport551 service provider as required pursuant to Code Section 48-13-143; or552 (52) Any information, including, but not limited to, data and records, prohibited from553 disclosure pursuant to Code Section 50-18-160. ; or554 (53) Records consisting of any audiovisual recording of the pe rformance of a remote555 online notarization process as provided for by Code Section 45-17-8.5."556 PART III557 SECTION 3-1.558 Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the559 regulation of practice of law, is amended by revising Code Sect ion 15-19-56, relating to560 penalty for prohibited conduct, as follows:561 "15-19-56.562 (a) Any person, corporation, or voluntary association violatin g Code Section 15-19-51,563 15-19-53, 15-19-54, or 15-19-55 shall be guilty of a misdemeanor.564 (b) Every officer, trustee, director, agent, or employee of a corporation or voluntary565 association who directly or indirectly engages in any of the acts prohibited in Code Section566 15-19-51, 15-19-53, 15-19-54, or 15-19-55 or assists a corporation or voluntary association567 in performing the prohibited acts shall be guilty of a misdemeanor. The fact that the person568 is a duly and regularly admitted attorney at law shall not be h eld to permit or allow the569 corporation or voluntary association to do the acts prohibited in such Code sections, nor570 shall the such fact be a defense upon the trial of any person mentioned there i n f o r a571 violation of those Code sections. Nothing in this subsection shall prevent any court having572 jurisdiction from punishing the corporation or its officers for contempt.573 S. B. 8 (SUB) - 23 - 26 LC 44 3546S (c) Any person, corporation, or voluntary association violating Code Section 15-19-51 or574 15-19-53 shall be guilty of a felony and, upon the first conviction thereof, shall be punished575 by imprisonment for not less than one year nor more than three years, a fine of not less than576 $50,000.00 nor more than $250,000.00, or both. For a second or subsequent conviction,577 the punishment shall be imprisonment for not less than two years nor more than ten years,578 a fine of not less than $250,000.00 nor more than $1 million, or both.579 (d) Every officer, trustee, director, agent, or employee of a corporation or voluntary580 association who directly or indirectly engages in any of the acts prohibited in Code Section581 15-19-51 or 15-19-53, assists a corporation or voluntary associ ation in performing the582 prohibited acts, or knew or should have known of the corporation or voluntary association's583 performance of the prohibited acts shall be guilty of a misdeme anor of a high and584 aggravated nature and punished as provided by Code Section 17-1 0-4. The fact that the585 person is a duly and regularly admitted attorney at law shall not be held to permit or allow586 the corporation or voluntary association to do the acts prohibited in such Code sections, nor587 shall such fact be a defense upon the trial of any person mentioned therein for a violation588 of those Code sections. Nothing in this subsection shall preve nt any court having589 jurisdiction from punishing the corporation or voluntary associ ation or its officers for590 contempt."591 PART IV592 SECTION 4-1.593 (a) Except as provided in subsection (b) of this section, this Act shall become effective upon594 its approval by the Governor or upon its becoming law without such approval.595 (b) Part III of this Act shall become effective on July 1, 2026, and shall apply to all offenses596 committed on or after such date.597 S. B. 8 (SUB) - 24 - 26 LC 44 3546S SECTION 4-2.598 All laws and parts of laws in conflict with this Act are repealed.599 S. B. 8 (SUB) - 25 -