Georgia HB 1042: Real Estate Security and Title Act; enact

Bill Text

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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 Annotated, 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 or 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
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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 alternative, 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 cashier'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
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(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 disclosure 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 disclosure any personally66
identifiable information that specifically identifies a protected person as a judg