requires two-thirds majority vote (§ 3)
S.B. 524
Senate Bill No. 524–Committee on Transportation
March 26, 2001
____________
Referred to Committee on Transportation
SUMMARY—Authorizes electronic submission and storage of documents relating to vehicle registration. (BDR 43‑1222)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to vehicles; authorizing the department of motor vehicles and public safety to establish a program for the electronic submission and storage of documents relating to the registration and title of vehicles; prescribing the requirements of the program; authorizing the department to charge a fee for participation in the program; revising related provisions governing registration; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 482 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context
1-4 otherwise requires, “document” means an application, notice, report,
1-5 statement or other record relating to the issuance or renewal of a
1-6 certificate of registration, or the issuance of a certificate of ownership
1-7 pursuant to this chapter by financial institutions, new vehicle dealers and
1-8 used vehicle dealers on behalf of their customers.
1-9 Sec. 3. 1. The department may establish a program for the
1-10 electronic submission and storage of documents.
1-11 2. If the department establishes a program pursuant to subsection 1,
1-12 the department shall adopt regulations to carry out the program. The
1-13 regulations must include, without limitation:
1-14 (a) The type of electronic transmission that the department will accept
1-15 for the program.
1-16 (b) The process for submission of an application by a person who
1-17 desires to participate in the program and the fee, if any, that must
1-18 accompany the application for participation.
1-19 (c) The criteria that will be applied by the department in determining
1-20 whether to approve an application to participate in the program.
2-1 (d) The standards for ensuring the security and integrity of the
2-2 process for issuance and renewal of a certificate of registration,
2-3 certificate of ownership and certificate of title, including, without
2-4 limitation, the procedure for a financial and performance audit of the
2-5 program.
2-6 (e) The terms and conditions for participation in the program and any
2-7 restrictions on the participation;
2-8 (f) The contents of a written agreement that must be on file with the
2-9 department pursuant to subsection 2 of section 4 of this act before a
2-10 participant may submit a document by electronic means to the
2-11 department. Such written agreement must include, without limitation:
2-12 (1) An assurance that each document submitted by electronic
2-13 means contains all the information that is necessary to complete the
2-14 transaction for which the document is submitted;
2-15 (2) Certification that all the information contained in each
2-16 document that is submitted by electronic means is truthful and accurate;
2-17 (3) An assurance that the participant who submits a document by
2-18 electronic means will maintain all information and records that are
2-19 necessary to support the document; and
2-20 (4) The signature of the participant who files the written agreement
2-21 with the department.
2-22 (g) The conditions under which the department may revoke the
2-23 approval of a person to participate in the program, including, without
2-24 limitation, failure to comply with this section and section 4 of this act and
2-25 the regulations adopted pursuant thereto.
2-26 (h) The method by which the department will store documents that are
2-27 submitted to it by electronic means.
2-28 (i) The required technology that is necessary to carry out the program.
2-29 (j) Any other regulations that the department determines necessary to
2-30 carry out the program.
2-31 3. The department may accept gifts and grants from any source,
2-32 including, without limitation, donations of materials, equipment and
2-33 labor, for the establishment and maintenance of a program pursuant to
2-34 this section.
2-35 Sec. 4. 1. If the department approves an application for a person to
2-36 participate in a program established pursuant to section 3 of this act, that
2-37 participant may submit, by electronic means, a document that is required
2-38 to be submitted pursuant to this chapter for the issuance or renewal of a
2-39 certificate of registration, certificate of ownership or certificate of title.
2-40 2. If the signature of a natural person is required pursuant to this
2-41 chapter on a document that is submitted by electronic means, the
2-42 department may waive that requirement if the participant who submitted
2-43 the document on behalf of that person complies with all requirements of
2-44 this program.
2-45 3. Notwithstanding any other provision of law to the contrary, a
2-46 document that is submitted by electronic means pursuant to subsection 1,
2-47 if accepted by the department, shall be deemed an original document in
2-48 administrative proceedings, quasi-judicial proceedings and judicial
2-49 proceedings.
3-1 Sec. 5. NRS 482.215 is hereby amended to read as follows:
3-2 482.215 1. All applications for registration, except applications for
3-3 renewal of registration, must be made as provided in this section.
3-4 2. [Applications] Except as otherwise provided in section 4 of this
3-5 act, applications for all registrations, except renewals of registration, must
3-6 be made in person, if practicable, to any office or agent of the department
3-7 or to a registered dealer.
3-8 3. Each application must be made upon the appropriate form furnished
3-9 by the department and contain:
3-10 (a) The signature of the owner[.] , except as otherwise provided in
3-11 subsection 2 of section 4 of this act, if applicable.
3-12 (b) His residential address.
3-13 (c) His declaration of the county where he intends the vehicle to be
3-14 based, unless the vehicle is deemed to have no base. The department shall
3-15 use this declaration to determine the county to which the privilege tax is to
3-16 be paid.
3-17 (d) A brief description of the vehicle to be registered, including the
3-18 name of the maker, the engine, identification or serial number, whether
3-19 new or used, and the last license number, if known, and the state in which
3-20 it was issued, and upon the registration of a new vehicle, the date of sale by
3-21 the manufacturer or franchised and licensed dealer in this state for the
3-22 make to be registered to the person first purchasing or operating the
3-23 vehicle.
3-24 (e) Proof satisfactory to the department or registered dealer that the
3-25 applicant has provided the insurance required by NRS 485.185 and , except
3-26 as otherwise provided in this paragraph, his signed declaration that he
3-27 will maintain the insurance during the period of registration. If the
3-28 application is submitted by electronic means pursuant to section 4 of this
3-29 act, the applicant is not required to sign the declaration required by this
3-30 paragraph.
3-31 (f) If the insurance is provided by a contract of insurance, evidence of
3-32 that insurance provided by the insurer in the form of:
3-33 (1) A certificate of insurance on a form approved by the
3-34 commissioner of insurance; or
3-35 (2) A card issued pursuant to NRS 690B.023 which identifies the
3-36 vehicle and indicates, at the time of application for registration, coverage
3-37 which meets the requirements of NRS 485.185.
3-38 The department may file that evidence, return it to the applicant or
3-39 otherwise dispose of it.
3-40 (g) If required, evidence of the applicant’s compliance with controls
3-41 over emission.
3-42 4. The application must contain such other information as is required
3-43 by the department or registered dealer, and must be accompanied by proof
3-44 of ownership satisfactory to the department.
3-45 5. For purposes of the proof, declaration and evidence required by
3-46 paragraphs (e) and (f) of subsection 3:
3-47 (a) Vehicles which are subject to the fee for a license and the
3-48 requirements of registration of the Interstate Highway User Fee
3-49 Apportionment Act, and which are based in this state, may be declared as a
4-1 fleet by the registered owner thereof, on his original application for or
4-2 application for renewal of a proportional registration. The owner may file a
4-3 single certificate of insurance covering that fleet.
4-4 (b) Other fleets composed of 10 or more vehicles based in this state or
4-5 vehicles insured under a blanket policy which does not identify individual
4-6 vehicles may each be declared annually as a fleet by the registered owner
4-7 thereof for the purposes of an application for his original or any renewed
4-8 registration. The owner may file a single certificate of insurance covering
4-9 that fleet.
4-10 (c) A person who qualifies as a self-insurer pursuant to the provisions of
4-11 NRS 485.380 may file a copy of his certificate of self-insurance.
4-12 (d) A person who qualifies for an operator’s policy of liability insurance
4-13 pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence
4-14 of that insurance.
4-15 Sec. 6. NRS 482.280 is hereby amended to read as follows:
4-16 482.280 1. The registration of every vehicle expires at midnight on
4-17 the day specified on the receipt of registration, unless the day specified
4-18 falls on a Saturday, Sunday or legal holiday. If the day specified on the
4-19 receipt of registration is a Saturday, Sunday or legal holiday, the
4-20 registration of the vehicle expires at midnight on the next judicial day. The
4-21 department shall mail to each holder of a certificate of registration an
4-22 application for renewal of registration for the following period of
4-23 registration. The applications must be mailed by the department in
4-24 sufficient time to allow all applicants to mail the applications to the
4-25 department and to receive new certificates of registration and license
4-26 plates, stickers, tabs or other suitable devices by mail before the expiration
4-27 of their registrations. An applicant may present or submit the application to
4-28 any agent or office of the department.
4-29 2. An application [mailed] :
4-30 (a) Mailed or presented to the department or to a county assessor
4-31 pursuant to the provisions of this section[, or presented] ;
4-32 (b) Submitted to the department pursuant to section 4 of this act; or
4-33 (c) Presented to an authorized inspection station or authorized station
4-34 pursuant to the provisions of NRS 482.281 ,
4-35 must include, if required, evidence of compliance with standards for
4-36 control of emissions.
4-37 3. The department shall insert in each application mailed pursuant to
4-38 subsection 1:
4-39 (a) The amount of privilege tax to be collected for the county pursuant
4-40 to the provisions of NRS 482.260.
4-41 (b) The amount set forth in a notice of nonpayment filed with the
4-42 department by a local authority pursuant to NRS 484.444.
4-43 (c) A statement which informs the applicant that, pursuant to NRS
4-44 485.185, he is legally required to maintain insurance during the period in
4-45 which the motor vehicle is registered.
4-46 4. An owner who has made proper application for renewal of
4-47 registration before the expiration of the current registration but who has not
4-48 received the license plate or plates or card of registration for the ensuing
4-49 period of registration is entitled to operate or permit the operation of that
5-1 vehicle upon the highways upon displaying thereon the license plate or
5-2 plates issued for the preceding period of registration for such a time as may
5-3 be prescribed by the department as it may find necessary for the issuance
5-4 of the new plate or plates or card of registration.
5-5 Sec. 7. NRS 482.399 is hereby amended to read as follows:
5-6 482.399 1. Upon the transfer of the ownership of or interest in any
5-7 vehicle by any holder of a valid registration, or upon destruction of the
5-8 vehicle, the registration expires.
5-9 2. The holder of the original registration may transfer the registration
5-10 to another vehicle to be registered by him and use the same license plate or
5-11 plates thereon, if the license plate or plates are appropriate for the second
5-12 vehicle, upon filing an application for transfer of registration and upon
5-13 paying the transfer registration fee and the excess, if any, of the registration
5-14 fee and privilege tax on the vehicle to which the registration is transferred
5-15 over the total registration fee and privilege tax paid on all vehicles from
5-16 which he is transferring his ownership or interest. [Application] Except as
5-17 otherwise provided in section 4 of this act, an application for transfer of
5-18 registration must be made in person, if practicable, to any office or agent of
5-19 the department or to a registered dealer, and the license plate or plates may
5-20 not be used upon a second vehicle until registration of that vehicle is
5-21 complete. In computing the privilege tax, the department, its agent or the
5-22 registered dealer shall credit the portion of the tax paid on the first vehicle
5-23 attributable to the remainder of the current registration period or calendar
5-24 year on a pro rata monthly basis against the tax due on the second vehicle
5-25 or on any other vehicle of which the person is the registered owner. If any
5-26 person transfers his ownership or interest in two or more vehicles, the
5-27 department or the registered dealer shall credit the portion of the tax paid
5-28 on all of the vehicles attributable to the remainder of the current
5-29 registration period or calendar year on a pro rata monthly basis against the
5-30 tax due on the vehicle to which the registration is transferred or on any
5-31 other vehicle of which the person is the registered owner. The certificates
5-32 of registration and unused license plates of the vehicles from which a
5-33 person transfers his ownership or interest must be submitted before credit
5-34 is given against the tax due on the vehicle to which the registration is
5-35 transferred or on any other vehicle of which the person is the registered
5-36 owner.
5-37 3. In computing the registration fee, the department or its agent or the
5-38 registered dealer shall credit the portion of the registration fee paid on each
5-39 vehicle attributable to the remainder of the current calendar year or
5-40 registration period on a pro rata basis against the registration fee due on the
5-41 vehicle to which registration is transferred. If the amount owed on the
5-42 registration fee or privilege tax on that vehicle is less than the credit on the
5-43 total registration fee or privilege tax paid on all vehicles from which a
5-44 person transfers his ownership or interest, the department shall issue to the
5-45 person a refund in an amount equal to the difference between the amount
5-46 owed on the registration fee or privilege tax on that vehicle and the credit
5-47 on the total registration fee or privilege tax paid on all vehicles from which
5-48 a person transfers his ownership or interest.
6-1 4. If the license plate or plates are not appropriate for the second
6-2 vehicle, the plate or plates must be surrendered to the department or
6-3 registered dealer and an appropriate plate or plates must be issued by the
6-4 department. The department shall not reissue the surrendered plate or
6-5 plates until the next succeeding licensing period.
6-6 5. If application for transfer of registration is not made within 60 days
6-7 after the destruction or transfer of ownership of or interest in any vehicle,
6-8 the license plate or plates must be surrendered to the department on or
6-9 before the 60th day for cancellation of the registration.
6-10 6. If a person cancels his registration and surrenders to the department
6-11 his license plates for a vehicle, the department shall issue to the person a
6-12 refund of the portion of the registration fee and privilege tax paid on the
6-13 vehicle attributable to the remainder of the current calendar year or
6-14 registration period on a pro rata basis.
6-15 Sec. 8. This act becomes effective on July 1, 2001.
6-16 H