| 1 | 1 | | 23 LC 44 2316 |
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| 2 | 2 | | S. B. 271 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | Senate Bill 271 |
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| 5 | 5 | | By: Senators Albers of the 56th, Anavitarte of the 31st, Kennedy of the 18th, Hufstetler of |
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| 6 | 6 | | the 52nd, Hickman of the 4th and others |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | To amend Code Sections 15-6-94 and 45-17-8.1 of the Official Code of Georgia Annotated, |
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| 10 | 10 | | 1 |
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| 11 | 11 | | relating to Georgia Superior Court Clerks' Cooperative Authority and signature and date of2 |
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| 12 | 12 | | notarial act, respectively, so as to authorize in-person electronic execution of notarial3 |
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| 13 | 13 | | certificates and provide for issuance of standards; to provide for related matters; to repeal4 |
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| 14 | 14 | | conflicting laws; and for other purposes.5 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 16 | 16 | | SECTION 1.7 |
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| 17 | 17 | | Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to Georgia8 |
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| 18 | 18 | | Superior Court Clerks' Cooperative Authority, is amended by revising subsection (d) as9 |
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| 19 | 19 | | follows:10 |
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| 20 | 20 | | "(d) The authority shall have the following powers:11 |
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| 21 | 21 | | (1) To have a seal and alter the same at its pleasure;12 |
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| 22 | 22 | | (2) To make and execute contracts, lease agreements, and all other instruments necessary13 |
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| 23 | 23 | | or convenient to exercise the powers of the authority or to further the public purpose for14 |
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| 24 | 24 | | which the authority is created;15 23 LC 44 2316 |
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| 25 | 25 | | S. B. 271 |
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| 26 | 26 | | - 2 - |
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| 27 | 27 | | (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or |
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| 28 | 28 | | 16 |
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| 29 | 29 | | personal property of every kind and character, or any interest therein, in furtherance of17 |
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| 30 | 30 | | the public purpose of the authority;18 |
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| 31 | 31 | | (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or19 |
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| 32 | 32 | | property or financial or other aid in any form from the federal government or any agency20 |
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| 33 | 33 | | or instrumentality thereof, or from the state or any agency or instrumentality thereof, or21 |
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| 34 | 34 | | from any other source for any or all of the purposes specified in this Code section and to22 |
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| 35 | 35 | | comply, subject to the provisions of this Code section, with the terms and conditions23 |
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| 36 | 36 | | thereof;24 |
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| 37 | 37 | | (5) To contract with state agencies or any local government for the use by the authority25 |
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| 38 | 38 | | of any property, facilities, or services of the state or any such state agency or local26 |
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| 39 | 39 | | government or for the use by any state agency or local government of any facilities or27 |
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| 40 | 40 | | services of the authority; and such state agencies and local governments are authorized28 |
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| 41 | 41 | | to enter into such contracts;29 |
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| 42 | 42 | | (6) To fix and collect fees and charges for data, media, and incidental services furnished30 |
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| 43 | 43 | | by it to any individual or private entity; provided, however, that a schedule of proposed31 |
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| 44 | 44 | | fees and charges shall be filed with the Clerk of the House of Representatives and the32 |
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| 45 | 45 | | Secretary of the Senate by January 2, 1994, and annually thereafter for such action as the33 |
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| 46 | 46 | | General Assembly may desire to take thereon, if any;34 |
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| 47 | 47 | | (7) To deposit or otherwise invest funds held by it in any state depository or in any35 |
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| 48 | 48 | | investment which is authorized for the investment of proceeds of state general obligation36 |
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| 49 | 49 | | bonds and to use for its corporate purposes or redeposit or reinvest interest earned on37 |
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| 50 | 50 | | such funds;38 |
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| 51 | 51 | | (8) To issue technical standards for in-person electronic execution of notarial certificates; |
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| 52 | 52 | | 39 |
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| 53 | 53 | | (9) To exercise any power granted by the laws of this state to public or private40 |
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| 54 | 54 | | corporations which is not in conflict with the public purpose of the authority; and41 23 LC 44 2316 |
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| 55 | 55 | | S. B. 271 |
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| 56 | 56 | | - 3 - |
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| 57 | 57 | | (9) (10) To do all things necessary or convenient to carry out the powers conferred by42 |
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| 58 | 58 | | this Code section and to carry out such duties and activities as are specifically imposed43 |
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| 59 | 59 | | upon the authority by law."44 |
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| 60 | 60 | | SECTION 2.45 |
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| 61 | 61 | | Code Section 45-17-8.1 of the Official Code of Georgia Annotated, relating to signature and46 |
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| 62 | 62 | | date of notarial act, is amended by adding a new subsection to read as follows:47 |
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| 63 | 63 | | "(d) Notaries public are authorized to electronically execute notarial certificates in person48 |
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| 64 | 64 | | in conformance with technical standards issued by the Georgia Superior Court Clerks'49 |
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| 65 | 65 | | Cooperative Authority pursuant to subsection (d) of Code Section 15-6-94."50 |
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| 66 | 66 | | SECTION 3.51 |
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| 67 | 67 | | All laws and parts of laws in conflict with this Act are repealed.52 |
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