HB1042: HB1042 Real Estate Security and Title Act; enact

26 LC 56 0618S The House Committee on Judiciary offers the following substitute to HB 1042: A BILL TO BE ENTITLED AN ACT To amend Titles 9, 15, and 23 of the Official Code of Georgia A nnotated, relating to civil1 practice, courts, and equity, respectively, so as to revise provisions for judicial sales relative2 to acceptable tenders by purchasers and to permit certain purchasers to submit credit bids;3 to provide for the protection of personally identifiable data of judges and spouses; to require4 state and local governments to indicate on official records indices that personally identifiable5 information has been restricted; to provide for the release of restricted information to the6 protected person upon written request; to provide that a protected person may authorize the7 release of restricted information to a third-party individual o r entity; to provide for the8 removal of the restriction on personally identifiable information after the death of a protected9 person; to provide penalties; to provide for construction; to provide for the qualification of10 special masters in certain quiet title actions; to provide for definitions; to provide a short title;11 to provide for related matters; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 This Act shall be known and may be cited as the "Real Estate Security and Title Act."15 H. B. 1042 (SUB) - 1 - 26 LC 56 0618S SECTION 2.16 Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in17 Part 2 of Article 7 of Chapter 13, relating to conduct and effect relative to judicial sales, by18 revising Code Section 9-123-166, relating to form of tender, as follows:19 "9-13-166.20 Purchasers at judicial sales need not tender cash but, as an al ternative, may tender a21 cashier's or certified check or certified funds which is drawn for the amount of the purchase22 price and which is issued by or certified by any financial institution insured by the Federal23 Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or the24 Federal Savings and Loan Insurance Corporation; provided, however, that the holder of the25 security instrument being foreclosed or its designated representative shall be authorized to26 submit a credit bid for the purchase price in lieu of cash, a c ashier's check, or certified27 funds."28 SECTION 3.29 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article30 8 of Chapter 5, relating to protection of personally identifiable data of judges and spouses,31 by revising Code Section 15-5-110, relating to definitions, as follows:32 "15-5-110.33 As used in this article, the term:34 (1) 'Personally identifiable information' means any personal phone number, each home35 address, or property or tax records the parcel number of each such address, and each36 personal telephone number of a protected person.37 (2) 'Protected person' means any current or former:38 (A) Current or former judge Judge or justice of this state and his or her spouse;39 (B) Current or former judge Judge of any county or municipality of this state and his40 or her spouse; and41 H. B. 1042 (SUB) - 2 - 26 LC 56 0618S (C) Current or former judge Judge or justice of the United States and his or her spouse;42 and43 (D) Spouse of any person who qualifies as a protected person under subparagraphs (A),44 (B), or (C) of this paragraph.45 (3) 'Publicly available content' means any written or electronic document or record that46 provides information or that serves as a document or record maintained, controlled, or in47 the possession of a state or local government entity that may be obtained by any person48 from the state or local government entity's public website or from such state or local49 government agency upon request whether free of charge or for a fee.50 (4) 'State or local government entity' means any:51 (A) Agency of the executive branch of this state; or52 (B) Any county or municipality of this state, including, but not limited to, any county53 or municipal court clerk's office, board of elections, board of tax assessors, or board of54 ethics."55 SECTION 4.56 Said title is further amended by revising Code Section 15-5-112 , relating to restriction of57 judicial personally identifiable information from public disclo sure and enforcement, as58 follows:59 "15-5-112.60 (a) As used in this Code section, the term 'restrict from public disclosure' means to conceal61 from a copy of an original public record or to conceal from an electronic image that is62 available for public viewing the personally identifiable information of a protected person63 contained within such record.64 (b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,65 a state or local government entity shall restrict from public d isclosure any personally66 identifiable information that specifically identifies a protected person as a judge, justice,67 H. B. 1042 (SUB) - 3 - 26 LC 56 0618S or spouse thereof. The provisions of this subsection shall include, but shall not be limited68 to, records or filings in the office of the Secretary of State and the State Ethics69 Commission.70 (b)(c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,71 a state or local government entity that possesses records, filings, or other publicly available72 content that does not specifically identify a person as a judge, justice, or spouse thereof but73 that includes personally identifiable information of such a pro tected person shall, upon74 request of the protected person, restrict from public disclosure any personally identifiable75 information. A protected person may request that his or her pe rsonally identifiable76 information be restricted from public disclosure pursuant to this subsection by submitting77 a request in writing to the state or local government entity on the form provided for in Code78 Section 15-5-111. A state or local government entity receiving such request shall restrict79 from public disclosure the personally identifiable information within 30 days of receiving80 a valid request and shall reflect on any official records index entries affected under this81 Code section, including, but not limited to, any indices relate d to the recordation of any82 instrument or document regarding the conveyance of real propert y, that personally83 identifiable information contained within the record has been r estricted from public84 disclosure pursuant to this Code section.85 (c)(d) Any protected person may bring an action in a court of compet ent jurisdiction86 against any officer or employee of the state or local governmen t entity in his or her87 individual capacity for failure to comply with subsection (a) o r (b) or (c) of this Code88 section. Any relief granted by such action shall be limited to injunctive relief.89 (e) Any protected person may request access to information res tricted from public90 disclosure within publicly available content that is maintained by a state or local91 government entity by submitting to such entity a signed authorization form developed by92 the Administrative Office of the Courts. Upon receipt of such signed authorization form,93 H. B. 1042 (SUB) - 4 - 26 LC 56 0618S the state or local government entity shall provide the authoriz ed protected person access94 to an unrestricted copy of the documents listed in such signed authorization form.95 (f) Any protected person may authorize a third-party individua l or entity to access96 information restricted from public disclosure within publicly a vailable content that is97 maintained by a state or local government en tity by submitting to such entity a signed98 authorization form developed by the Administrative Office of the Courts. Upon receipt of99 such signed authorization form, the state or local government e ntity shall provide the100 authorized third-party individual or entity access to an unrestricted copy of the documents101 listed in such signed authorization form.102 (g) A protected person, or his or her attorney in fact or lega l representative acting on103 behalf of such protected person, may submit a written request to release the restriction on104 publication of such protected person's personally identifiable information. Within 45 days105 of receipt of a request under this subsection to release the restriction on such publication,106 the state or local government entity shall remove such restriction.107 (h) Upon proof of death of a protected person, as verified by a certified copy of a death108 certificate, the attorney in fact or legal representative of the deceased protected person may109 request a state or local government entity to release the restriction on publication of such110 protected person's personally identifiable information unless s uch release is otherwise111 prohibited by statute or court order. Such written request to release the restriction on such112 publication shall include a certified copy of the protected person's death certificate.113 (i) Any person making a false attestation under this Code section is subject to the penalty114 of perjury under Code Section 16-10-70.115 (j) The provisions of this article shall not prohibit any county clerk, register of deeds, tax116 assessor, treasurer, or any other state or local government office or agency from providing117 unrestricted copies of recorded instruments affecting title to real property or property tax118 records that contain protected personally identifiable information to:119 (1) A title insurer or title insurance agent;120 H. B. 1042 (SUB) - 5 - 26 LC 56 0618S (2) A licensed attorney representing such title insurer or title insurance agent; or121 (3) An agent of such a licensed attorney,122 in furtherance of providing title insurance, as defined in Code Section 33-7-8, provided that123 such insurer, agent, attorney, or attorney's agent makes an affirmative representation that124 they are seeking such information in furtherance of providing title insurance."125 SECTION 5.126 Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in Part 2127 of Article 3 of Chapter 3, relating to quia timet against all t he world, by revising Code128 Section 23-3-63, relating to submission to special master, as follows:129 "23-3-63.130 The court, upon receipt of the petition together with the plat and instruments filed131 therewith, shall submit the same to a special master who shall:132 (1) Be an individual be a person who is authorized to practice law in this state and;133 (2) Be is a resident of the judicial circuit of the United States wherein the action is134 brought;135 (3) Be a citizen of this state for not less than three years; and136 (4) Have not less than five years of experience litigating or providing opinions on title137 to land in this state."138 SECTION 6.139 All laws and parts of laws in conflict with this Act are repealed.140 H. 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