H.B. 1043
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 28, 2020
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10745-STfzp-47A
Short Title: COVID-19 Time Sensitive Matters. (Public)
Sponsors: Representative Bell.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE LAW RELATED TO THE COVID-19
3 PUBLIC HEALTH CRISIS.
4 The General Assembly of North Carolina enacts:
5
6 RULE 5 SERVICE DURING DECLARATION OF EMERGENCY
7 SECTION 1.(a) G.S. 1A-1, Rule 5, reads as rewritten:
8 "Rule 5. Service and filing of pleadings and other papers.
9 …
10 (b) Service – How made. – A pleading setting forth a counterclaim or cross claim shall
11 be filed with the court and a copy thereof shall be served on the party against whom it is asserted
12 or on the party's attorney of record as provided by this subsection.
13 With respect to all pleadings subsequent to the original complaint and other papers required
14 or permitted to be served, service shall be made upon the party's attorney of record and, if ordered
15 by the court, also upon the party. If the party has no attorney of record, service shall be made
16 upon the party. With respect to such other pleadings and papers, service with due return may be
17 made in a manner provided for service and return of process in Rule 4. Service under this
18 subsection may also be made by one of the following methods:
19 (1) Upon a party's attorney of record:
20 a. By delivering a copy to the attorney. Delivery of a copy within this
21 sub-subdivision means handing it to the attorney, leaving it at the
22 attorney's office with a partner or employee, or sending it to the
23 attorney's office by a confirmed telefacsimile transmittal for receipt by
24 5:00 P.M. Eastern Time on a regular business day, as evidenced by a
25 telefacsimile receipt confirmation. If receipt of delivery by
26 telefacsimile is after 5:00 P.M., service will be deemed to have been
27 completed on the next business day. Service may also be made on the
28 attorney by electronic mail (e-mail) to an e-mail address of record with
29 the court in the case. The e-mail shall be sent by 5:00 P.M. Eastern
30 Time on a regular business day. If the e-mail is sent after 5:00 P.M., it
31 will be deemed to have been sent on the next business day.
32 b. By mailing a copy to the attorney's office.
33 (2) Upon a party:
34 a. By delivering a copy to the party. Delivery of a copy within this
35 sub-subdivision means handing it to the party.
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1 b. By mailing a copy to the party at the party's last known address or, if
2 no address is known, by filing it with the clerk of court.
3 c. Service may also be made on the party by electronic mail (e-mail) if
4 the party has consented to receive e-mail service in the case at a
5 particular e-mail address, and a copy of the consent is filed with the
6 court by any party. The e-mail shall be sent by 5:00 P.M. Eastern Time
7 on a regular business day. If the e-mail is sent after 5:00 P.M., it will
8 be deemed to have been sent on the next business day.
9 Service by mail shall be complete upon deposit of the pleading or paper enclosed in a post-paid,
10 properly addressed wrapper in a post office or official depository under the exclusive care and
11 custody of the United States Postal Service.
12 (b1) Service – Certificate of Service. – A certificate of service shall accompany every
13 pleading and every paper required to be served on any party or nonparty to the litigation, except
14 with respect to pleadings and papers whose service is governed by Rule 4. The certificate shall
15 show the date and method of service or the date of acceptance of service and shall show the name
16 and service address of each person upon whom the paper has been served. If one or more persons
17 are served by facsimile transmission, transmission or electronic mail (e-mail), the certificate shall
18 also show the telefacsimile number or e-mail address of each person so served. Each certificate
19 of service shall be signed in accordance with and subject to Rule 11 of these rules.
20 …."
21 SECTION 1.(b) This section is effective when it becomes law and expires August
22 1, 2020.
23
24 EMERGENCY VIDEO NOTARIZATION
25 SECTION 2.(a) G.S. 10B-3 is amended by adding a new subdivision to read:
26 "(7a) Emergency video notarization. – An acknowledgement, affirmation, or oath
27 notarization completed by a notary in compliance with the requirements of
28 G.S. 10B-25. Emergency video notarization shall not include a verification or
29 proof."
30 SECTION 2.(b) G.S. 10B-10 reads as rewritten:
31 "§ 10B-10. Commission; oath of office.office; emergency extension.
32 …
33 (b) The Except as provided in subsection (b1) of this section, the appointee shall appear
34 before the register of deeds no later than 45 days after commissioning and shall be duly qualified
35 by taking the general oath of office prescribed in G.S. 11-11 and the oath prescribed for officers
36 in G.S. 11-7.
37 (b1) Notwithstanding subsection (b) of this section, if the Secretary grants a commission
38 after March 9, 2020, and before August 1, 2020, the appointee shall have 90 days to appear before
39 the register of deeds to take the general oath of office. A register of deeds may administer the
40 required oath to such appointee using video conference technology, provided the appointee is
41 personally known to the register of deeds or the appointee provides satisfactory evidence of the
42 appointee's identity to the register of deeds. As used in this subsection, video conference
43 technology and satisfactory evidence are as defined in G.S. 10B-25.
44 …
45 (e) If the appointee does not appear before the register of deeds within 45 days of
46 commissioning, the time prescribed in this section, the register of deeds must return the
47 commission to the Secretary, and the appointee must reapply for commissioning. If the appointee
48 reapplies within one year of the granting of the commission, the Secretary may waive the
49 educational requirements of this Chapter."
50 SECTION 2.(c) Part 3 of Article 1 of Chapter 10B of the General Statutes is
51 amended by adding a new section to read:
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1 "§ 10B-25. Emergency video notarization.
2 (a) Notwithstanding any other provision of law, a notary may perform an emergency
3 video notarization using video conference technology, provided all of the requirements of this
4 section are satisfied. A notary who is not satisfied that the principal's identity has been proven by
5 satisfactory evidence shall not be required to complete an emergency video notarization. An
6 emergency video notarization shall not change any originality verification requirements for
7 recording with a register of deeds, clerk of superior court, or other government or private office
8 in this State. Nothing in this section shall apply to any notarization under Article 20 of Chapter
9 163 of the General Statutes.
10 (b) As used in this section, video conference technology is electronic communication
11 that:
12 (1) Occurs in real time.
13 (1a) Allows direct interaction between the principal seeking the notary's services
14 and the notary so that each can communicate simultaneously by sight and
15 sound through an electronic device or process.
16 (2) Includes audio with sound clear enough that each participant in the notarial
17 act can hear and understand all other participants.
18 (3) Has sufficient quality to allow a clear and unobstructed visual observation of
19 the face of each participant, and any identification provided by the principal
20 for a sufficient time to allow the notary to determine if it is satisfactory
21 evidence. The notary shall determine if the time is sufficient.
22 (4) Is not prerecorded video or audio or both.
23 (5) May be capable of recording by means of one of the following:
24 a. The video conference technology's recording and storage services.
25 b. An independent video recording device.
26 c. Electronically saved screenshots clearly showing each participant's
27 face, identification presented by the principal, and the notarized
28 document.
29 (c) The requirement of personal appearance, appear in person before a notary, physical
30 presence, and presence, as those terms are used in this Chapter, are satisfied for the purpose of
31 an emergency video notarization if the notary is physically present in North Carolina, the
32 principal verifies to the notary that he or she is physically present in North Carolina at the time
33 of the notarization, identifies the county where he or she is located at the time of the notarial act,
34 and the principal and notary use video conference technology that complies with the requirements
35 of this section.
36 (d) A notary who has personal knowledge of a principal may rely on the video conference
37 technology to verify the principal's identity unless the notary, in the notary's sole discretion,
38 requires satisfactory evidence. A notary who does not have personal knowledge of a principal
39 shall require satisfactory evidence of the principal's identity. The requirement of satisfactory
40 evidence, as that term is used in this Chapter, is satisfied for the purpose of an emergency video
41 notarization if identification of the principal is based on at least one document that meets all of
42 the following:
43 (1) Is current, or if expired, did not expire prior to March 10, 2020.
44 (2) Is issued by a federal, State, or federal or State-recognized tribal government
45 agency.
46 (3) Bears a photographic image of the principal's face.
47 (4) Has both the principal's signature and a physical description of the principal.
48 (e) The notary shall use video conference technology to observe each principal sign each
49 document that is to be notarized. The principal shall verbally state what documents are being
50 signed for the notarial record. After the document is signed by the principal, the principal or the
51 principal's designee shall do the following:
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1 (1) If an original wet-signed notarization on an original wet-signed document is
2 not required, transmit a legible copy of the signed document to the notary by
3 fax or other electronic means on the same day it was signed. The notary shall
4 notarize the document on the same day the notary receives the document and
5 the notary shall transmit the notarized document back to the principal or the
6 principal's designee by physical delivery, fax, or other electronic means on the
7 same day the notary signed the document.
8 (2) If an original wet-signed notarization on an original wet-signed document is
9 required, transmit a legible copy of the signed document by fax or other
10 electronic means to the notary on the same day on which the document was
11 signed and also deliver the original signed document to the notary by mail or
12 other physical method. The notary shall compare the original document with
13 the document transmitted by fax or other electronic means. If the faxed or
14 electronic document is the same as the document received by mail or physical
15 delivery, the notary shall notarize the wet-signature on the original document
16 and date the notarial act as of the date of the act observed using video
17 conference technology and promptly transmit the original wet-notarized
18 original document to the principal or the principal's designee by mail or other
19 physical delivery as directed by the principal.
20 (f) If the notarial act is an oath or affirmation, the notary shall administer the oath or
21 affirmation to the affiant using video conference technology.
22 (g) An acknowledgement or jurat certificate for an emergency video notarization shall
23 include all of the following:
24 (1) The North Carolina county in which the notary public was located during the
25 emergency video notarization.
26 (2) The North Carolina county in which the principal stated he or she was
27 physically located during the emergency video notarization.
28 (3) The following statement:
29 I signed this notarial certificate on _________ (Date) according to the emergency video
30 notarization requirements contained in G.S. 10B-25.
31 (h) If an acknowledgement or jurat certificate provided to a notary does not include the
32 statement required by subsection (g) of this section, the notary shall insert the statement. By
33 making or giving a notarial certificate using emergency video notarization, whether or not stated
34 in the certificate, a notary certifies compliance with all the requirements of this section.
35 (i) A notary who performs an emergency video notarization shall record information
36 about the notarization in a notary journal that is the exclusive property of the notary. The journal
37 shall be retained by the notary for at least 10 years and may be maintained in electronic form.
38 The notary shall keep the journal in a secure location and shall not allow another person to make
39 entries in the journal. A notary may surrender the journal to the notary's employer upon
40 termination of employment, but the notary shall also keep and maintain an accurate copy of the
41 journal.
42 (j) At a minimum, for each emergency video notarization, the notary shall include the
43 following information in the journal:
44 (1) The time of day when the notary observed the signing of the document by
45 each principal and was presented with the principal's acceptable form of
46 identification.
47 (2) The date of the completion of the emergency video notarization notarial
48 certificate.
49 (3) The last and first name of each principal.
50 (4) The type of notarial act performed.
51 (5) The type of document notarized or proceeding performed.
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1 (6) The type of acceptable form of identification presented, including, if
2 applicable, the issuing agency and identification number on the identification
3 presented.
4 (7) The type of video conference technology used during the emergency video
5 notarization.
6 (8) A statement that the notary and each principal could see and hear each other.
7 (9) Whether any other person was present with the principal at the time of
8 signature and if so, the name of that person.
9 (k) A third party involved in a transaction that utilizes an emergency video notarization
10 may require additional information to be included in the journal kept by the notary under
11 subsection (j) of this section such as inclusion of a recording in the notary's journal or the method
12 used by the notary to determine that a wet-signed original document is the same as the faxed or
13 electronically submitted document.
14 (l) As a public official, a notary shall maintain the confidentiality of a principal's
15 documents at all times.
16 (m) The Secretary may issue interpretive guidance or issue emerge