Senate Bill No. 405–Committee on Transportation

 

CHAPTER..........

 

AN ACT relating to motor vehicles; allowing certain owners of fleets of motor vehicles to apply for participation in the program allowing the electronic submission and storage of certain documents relating to the registration and ownership of motor vehicles; and providing other matters properly relating thereto.

 

    Whereas, For some time, the Nevada Legislature has been working with the Department of Motor Vehicles to simplify and make more streamlined the process by which residents and businesses of this state are able to register and title their motor vehicles; and

    Whereas, The current process for registering and titling multiple motor vehicles is a time-consuming and onerous process for persons who own fleets composed of numerous motor vehicles; and

    Whereas, The Nevada Legislature has already enacted legislation allowing the Department of Motor Vehicles to establish a program pursuant to which financial institutions, new vehicle dealers and used vehicle dealers may be eligible to, on behalf of their customers, submit to the Department by electronic means certain documents relating to the registration and ownership of motor vehicles; and

    Whereas, The study conducted during the 2001-2002 legislative interim on matters relating to competition between local governments and private enterprises concluded that it would be advisable to enact legislation facilitating the electronic submission of documents relating to the registration and ownership of motor vehicles by owners of fleets of motor vehicles; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.292 is hereby amended to read as follows:

    482.292  As used in this section and NRS 482.293 and 482.294,

unless the context otherwise requires, “document” means an

application, notice, report, statement or other record relating to the

issuance or renewal of a certificate of registration, or the issuance of

a certificate of ownership , pursuant to this chapter . [by financial

institutions, new vehicle dealers and used vehicle dealers on behalf

of their customers.]

    Sec. 2.  NRS 482.293 is hereby amended to read as follows:

    482.293  1.  The Department may establish a program for the

electronic submission and storage of documents.

    2.  If the Department establishes a program pursuant to

subsection 1:

    (a) An electronic submission or storage of documents that is

carried out pursuant to the program with respect to a particular

transaction is not valid unless all original documents required for the

transaction pursuant to:

        (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

        (2) The provisions of any regulations adopted pursuant

thereto,

have been executed and submitted to the Department.

    (b) The Department shall allow only the following persons to

apply for participation in the program:

        (1) Financial institutions, new vehicle dealers and used

vehicle dealers, for the purpose of submitting documents by

electronic means to the Department on behalf of their customers.

        (2) Owners of fleets composed of 10 or more vehicles.

    (c) The Department shall adopt regulations to carry out the

program.

    3.  The regulations required to be adopted pursuant to paragraph

[(b)] (c) of subsection 2 must include, without limitation:

    (a) The type of electronic transmission that the Department will

accept for the program.

    (b) The process for submission of an application by a person

who desires to participate in the program and the fee, if any, that

must accompany the application for participation.

    (c) The criteria that will be applied by the Department in

determining whether to approve an application to participate in the

program.

    (d) The standards for ensuring the security and integrity of the

process for issuance and renewal of a certificate of registration,

certificate of ownership and certificate of title, including, without

limitation, the procedure for a financial and performance audit of the

program.

    (e) The terms and conditions for participation in the program

and any restrictions on the participation.

    (f) The contents of a written agreement that must be on file with

the Department [pursuant to subsection 2 of NRS 482.294] before a

participant may submit a document by electronic means to the

Department. Such written agreement must include, without

limitation:

        (1) An assurance that each document submitted by electronic

means contains all the information that is necessary to complete the

transaction for which the document is submitted;

        (2) Certification that all the information contained in each

document that is submitted by electronic means is truthful and

accurate;

        (3) An assurance that the participant who submits a

document by electronic means will maintain all information and

records that are necessary to support the document; and

        (4) The signature of the participant who files the written

agreement with the Department.

    (g) The conditions under which the Department may revoke the

approval of a person to participate in the program, including,

without limitation, failure to comply with this section and NRS

482.294 and the regulations adopted pursuant thereto.

    (h) The method by which the Department will store documents

that are submitted to it by electronic means.

    (i) The required technology that is necessary to carry out the

program.

    (j) Any other regulations that the Department determines

necessary to carry out the program.

    (k) Procedures to ensure compliance with:

        (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

        (2) The provisions of any regulations adopted pursuant

thereto,

to the extent that such provisions relate to the submission and

retention of documents used for the transfer of the ownership of

vehicles.

    4.  The Department may accept gifts and grants from any

source, including, without limitation, donations of materials,

equipment and labor, for the establishment and maintenance of a

program pursuant to this section.

    Sec. 3.  NRS 482.294 is hereby amended to read as follows:

    482.294  1.  If the Department approves an application for a

person to participate in a program established pursuant to NRS

482.293, that participant may submit, by electronic means, a

document that is required to be submitted pursuant to this chapter

for the issuance or renewal of a certificate of registration, certificate

of ownership or certificate of title.

    2.  If the signature of a natural person is required pursuant to

this chapter on a document that is submitted by electronic means,

the Department may waive that requirement :

    (a) In the case of a participant who is a financial institution,

new vehicle dealer or used vehicle dealer, if the participant who

submitted the document on behalf of that person complies with all

requirements of this program.

    (b) In the case of a participant who is an owner of a fleet

composed of 10 or more vehicles, if the participant complies with

all requirements of this program.

    3.  Notwithstanding any other provision of law to the contrary,

a document that is submitted by electronic means pursuant to

subsection 1, if accepted by the Department, shall be deemed an

original document in administrative proceedings, quasi-judicial

proceedings and judicial proceedings.

 

²⁰~~~~~⁰³