SB524_EN

Senate Bill No. 524–Committee on Transportation

CHAPTER..........

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:

Section 1. Chapter 482 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. As used in sections 2, 3 and 4 of this act, 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. 3. 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 adopt regulations to carry out the program.

3. The regulations required to be adopted pursuant to paragraph (b)

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.

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 section 4 of this act 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 section 4 of this act

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. 4. 1. If the department approves an application for a person to

participate in a program established pursuant to section 3 of this act,

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 if the participant who submitted

the document on behalf of that person 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.

Sec. 5. NRS 482.215 is hereby amended to read as follows:

482.215 1. All applications for registration, except applications for

renewal of registration, must be made as provided in this section.

2. [Applications] Except as otherwise provided in section 4 of this

act, applications for all registrations, except renewals of registration, must

be made in person, if practicable, to any office or agent of the department

or to a registered dealer.

3. Each application must be made upon the appropriate form furnished

by the department and contain:

(a) The signature of the owner[.] , except as otherwise provided in

subsection 2 of section 4 of this act, if applicable.

(b) His residential address.

based, unless the vehicle is deemed to have no base. The department shall

use this declaration to determine the county to which the governmental

services tax is to be paid.

(d) A brief description of the vehicle to be registered, including the

name of the maker, the engine, identification or serial number, whether

new or used, and the last license number, if known, and the state in which

it was issued, and upon the registration of a new vehicle, the date of sale

by the manufacturer or franchised and licensed dealer in this state for the

make to be registered to the person first purchasing or operating the

vehicle.

(e) Proof satisfactory to the department or registered dealer that the

applicant has provided the insurance required by NRS 485.185 and ,

except as otherwise provided in this paragraph, his signed declaration

that he will maintain the insurance during the period of registration. If the

application is submitted by electronic means pursuant to section 4 of this

act, the applicant is not required to sign the declaration required by this

paragraph.

(f) If the insurance is provided by a contract of insurance, evidence of

that insurance provided by the insurer in the form of:

(1) A certificate of insurance on a form approved by the

commissioner of insurance; or

(2) A card issued pursuant to NRS 690B.023 which identifies the

vehicle and indicates, at the time of application for registration, coverage

which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or

otherwise dispose of it.

(g) If required, evidence of the applicant’s compliance with controls

over emission.

4. The application must contain such other information as is required

by the department or registered dealer, and must be accompanied by proof

of ownership satisfactory to the department.

5. For purposes of the proof, declaration and evidence required by

paragraphs (e) and (f) of subsection 3:

(a) Vehicles which are subject to the fee for a license and the

requirements of registration of the Interstate Highway User Fee

Apportionment Act, and which are based in this state, may be declared as

a fleet by the registered owner thereof, on his original application for or

application for renewal of a proportional registration. The owner may file

a single certificate of insurance covering that fleet.

(b) Other fleets composed of 10 or more vehicles based in this state or

vehicles insured under a blanket policy which does not identify individual

vehicles may each be declared annually as a fleet by the registered owner

thereof for the purposes of an application for his original or any renewed

registration. The owner may file a single certificate of insurance covering

that fleet.

NRS 485.380 may file a copy of his certificate of self-insurance.

(d) A person who qualifies for an operator’s policy of liability insurance

pursuant to the provisions of NRS 485.186 and 485.3091 may file

evidence of that insurance.

Sec. 6. NRS 482.280 is hereby amended to read as follows:

482.280 1. The registration of every vehicle expires at midnight on

the day specified on the receipt of registration, unless the day specified

falls on a Saturday, Sunday or legal holiday. If the day specified on the

receipt of registration is a Saturday, Sunday or legal holiday, the

registration of the vehicle expires at midnight on the next judicial day. The

department shall mail to each holder of a certificate of registration an

application for renewal of registration for the following period of

registration. The applications must be mailed by the department in

sufficient time to allow all applicants to mail the applications to the

department and to receive new certificates of registration and license

plates, stickers, tabs or other suitable devices by mail before the expiration

of their registrations. An applicant may present or submit the application

to any agent or office of the department.

2. An application [mailed] :

(a) Mailed or presented to the department or to a county assessor

pursuant to the provisions of this section[, or presented] ;

(b) Submitted to the department pursuant to section 4 of this act; or

pursuant to the provisions of NRS 482.281 ,

must include, if required, evidence of compliance with standards for

control of emissions.

3. The department shall insert in each application mailed pursuant to

subsection 1:

(a) The amount of the governmental services tax to be collected for the

county pursuant to the provisions of NRS 482.260.

(b) The amount set forth in a notice of nonpayment filed with the

department by a local authority pursuant to NRS 484.444.

485.185, he is legally required to maintain insurance during the period in

which the motor vehicle is registered.

4. An owner who has made proper application for renewal of

registration before the expiration of the current registration but who has

not received the license plate or plates or card of registration for the

ensuing period of registration is entitled to operate or permit the operation

of that vehicle upon the highways upon displaying thereon the license

plate or plates issued for the preceding period of registration for such a

time as may be prescribed by the department as it may find necessary for

the issuance of the new plate or plates or card of registration.

Sec. 7. NRS 482.399 is hereby amended to read as follows:

482.399 1. Upon the transfer of the ownership of or interest in any

vehicle by any holder of a valid registration, or upon destruction of the

vehicle, the registration expires.

2. The holder of the original registration may transfer the registration

to another vehicle to be registered by him and use the same license plate or

plates thereon, if the license plate or plates are appropriate for the second

vehicle, upon filing an application for transfer of registration and upon

paying the transfer registration fee and the excess, if any, of the

registration fee and governmental services tax on the vehicle to which the

registration is transferred over the total registration fee and governmental

services tax paid on all vehicles from which he is transferring his

ownership or interest. [Application] Except as otherwise provided in

section 4 of this act, an application for transfer of registration must be

made in person, if practicable, to any office or agent of the department or

to a registered dealer, and the license plate or plates may not be used upon

a second vehicle until registration of that vehicle is complete. In

computing the governmental services tax, the department, its agent or the

registered dealer shall credit the portion of the tax paid on the first vehicle

attributable to the remainder of the current registration period or calendar

year on a pro rata monthly basis against the tax due on the second vehicle

or on any other vehicle of which the person is the registered owner. If any

person transfers his ownership or interest in two or more vehicles, the

department or the registered dealer shall credit the portion of the tax paid

on all of the vehicles attributable to the remainder of the current

registration period or calendar year on a pro rata monthly basis against the

tax due on the vehicle to which the registration is transferred or on any

other vehicle of which the person is the registered owner. The certificates

of registration and unused license plates of the vehicles from which a

person transfers his ownership or interest must be submitted before credit

is given against the tax due on the vehicle to which the registration is

transferred or on any other vehicle of which the person is the registered

owner.

3. In computing the registration fee, the department or its agent or the

registered dealer shall credit the portion of the registration fee paid on

each vehicle attributable to the remainder of the current calendar year or

registration period on a pro rata basis against the registration fee due on

the vehicle to which registration is transferred. If the amount owed on the

registration fee or governmental services tax on that vehicle is less than

the credit on the total registration fee or governmental services tax paid on

all vehicles from which a person transfers his ownership or interest, the

department shall issue to the person a refund in an amount equal to the

difference between the amount owed on the registration fee or

governmental services tax on that vehicle and the credit on the total

registration fee or governmental services tax paid on all vehicles from

which a person transfers his ownership or interest.

4. If the license plate or plates are not appropriate for the second

vehicle, the plate or plates must be surrendered to the department or

registered dealer and an appropriate plate or plates must be issued by the

department. The department shall not reissue the surrendered plate or

plates until the next succeeding licensing period.

5. If application for transfer of registration is not made within 60 days

after the destruction or transfer of ownership of or interest in any vehicle,

the license plate or plates must be surrendered to the department on or

before the 60th day for cancellation of the registration.

6. If a person cancels his registration and surrenders to the department

his license plates for a vehicle, the department shall issue to the person a

refund of the portion of the registration fee and governmental services tax

paid on the vehicle attributable to the remainder of the current calendar

year or registration period on a pro rata basis.

Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act

become effective on July 1, 2001.

2. Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on

July 1, 2001.

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