REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3)                 

                                                   (REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                 Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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

1-13  out pursuant to the program with respect to a particular transaction is

1-14  not valid unless all original documents required for the transaction

1-15  pursuant to:

1-16      (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

1-17      (2) The provisions of any regulations adopted pursuant

1-18  thereto,

1-19  have been executed and submitted to the department.

1-20    (b) The department shall adopt regulations to carry out the program.

2-1    3.  The regulations required to be adopted pursuant to paragraph (b)

2-2  of subsection 2 must include, without limitation:

2-3    (a) The type of electronic transmission that the department will accept

2-4  for the program.

2-5    (b) The process for submission of an application by a person who

2-6  desires to participate in the program and the fee, if any, that must

2-7  accompany the application for participation.

2-8    (c) The criteria that will be applied by the department in determining

2-9  whether to approve an application to participate in the program.

2-10    (d) The standards for ensuring the security and integrity of the

2-11  process for issuance and renewal of a certificate of registration,

2-12  certificate of ownership and certificate of title, including, without

2-13  limitation, the procedure for a financial and performance audit of the

2-14  program.

2-15    (e) The terms and conditions for participation in the program and any

2-16  restrictions on the participation.

2-17    (f) The contents of a written agreement that must be on file with the

2-18  department pursuant to subsection 2 of section 4 of this act before a

2-19  participant may submit a document by electronic means to the

2-20  department. Such written agreement must include, without limitation:

2-21      (1) An assurance that each document submitted by electronic

2-22  means contains all the information that is necessary to complete the

2-23  transaction for which the document is submitted;

2-24      (2) Certification that all the information contained in each

2-25  document that is submitted by electronic means is truthful and accurate;

2-26      (3) An assurance that the participant who submits a document by

2-27  electronic means will maintain all information and records that are

2-28  necessary to support the document; and

2-29      (4) The signature of the participant who files the written agreement

2-30  with the department.

2-31    (g) The conditions under which the department may revoke the

2-32  approval of a person to participate in the program, including, without

2-33  limitation, failure to comply with this section and section 4 of this act and

2-34  the regulations adopted pursuant thereto.

2-35    (h) The method by which the department will store documents that are

2-36  submitted to it by electronic means.

2-37    (i) The required technology that is necessary to carry out the program.

2-38    (j) Any other regulations that the department determines necessary to

2-39  carry out the program.

2-40    (k) Procedures to ensure compliance with:

2-41      (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

2-42      (2) The provisions of any regulations adopted pursuant

2-43  thereto,

2-44  to the extent that such provisions relate to the submission and retention

2-45  of documents used for the transfer of the ownership of vehicles.

2-46    4.  The department may accept gifts and grants from any source,

2-47  including, without limitation, donations of materials, equipment and

2-48  labor, for the establishment and maintenance of a program pursuant to

2-49  this section.

3-1    Sec. 4.  1.  If the department approves an application for a person to

3-2  participate in a program established pursuant to section 3 of this act, that

3-3  participant may submit, by electronic means, a document that is required

3-4  to be submitted pursuant to this chapter for the issuance or renewal of a

3-5  certificate of registration, certificate of ownership or certificate of title.

3-6    2.  If the signature of a natural person is required pursuant to this

3-7  chapter on a document that is submitted by electronic means, the

3-8  department may waive that requirement if the participant who submitted

3-9  the document on behalf of that person complies with all requirements of

3-10  this program.

3-11    3.  Notwithstanding any other provision of law to the contrary, a

3-12  document that is submitted by electronic means pursuant to subsection 1,

3-13  if accepted by the department, shall be deemed an original document in

3-14  administrative proceedings, quasi-judicial proceedings and judicial

3-15  proceedings.

3-16    Sec. 5.  NRS 482.215 is hereby amended to read as follows:

3-17    482.215  1.  All applications for registration, except applications for

3-18  renewal of registration, must be made as provided in this section.

3-19    2.  [Applications] Except as otherwise provided in section 4 of this

3-20  act, applications for all registrations, except renewals of registration, must

3-21  be made in person, if practicable, to any office or agent of the department

3-22  or to a registered dealer.

3-23    3.  Each application must be made upon the appropriate form furnished

3-24  by the department and contain:

3-25    (a) The signature of the owner[.] , except as otherwise provided in

3-26  subsection 2 of section 4 of this act, if applicable.

3-27    (b) His residential address.

3-28    (c) His declaration of the county where he intends the vehicle to be

3-29  based, unless the vehicle is deemed to have no base. The department shall

3-30  use this declaration to determine the county to which the governmental

3-31  services tax is to be paid.

3-32    (d) A brief description of the vehicle to be registered, including the

3-33  name of the maker, the engine, identification or serial number, whether

3-34  new or used, and the last license number, if known, and the state in which

3-35  it was issued, and upon the registration of a new vehicle, the date of sale by

3-36  the manufacturer or franchised and licensed dealer in this state for the

3-37  make to be registered to the person first purchasing or operating the

3-38  vehicle.

3-39    (e) Proof satisfactory to the department or registered dealer that the

3-40  applicant has provided the insurance required by NRS 485.185 and , except

3-41  as otherwise provided in this paragraph, his signed declaration that he

3-42  will maintain the insurance during the period of registration. If the

3-43  application is submitted by electronic means pursuant to section 4 of this

3-44  act, the applicant is not required to sign the declaration required by this

3-45  paragraph.

3-46    (f) If the insurance is provided by a contract of insurance, evidence of

3-47  that insurance provided by the insurer in the form of:

3-48      (1) A certificate of insurance on a form approved by the

3-49  commissioner of insurance; or

4-1       (2) A card issued pursuant to NRS 690B.023 which identifies the

4-2  vehicle and indicates, at the time of application for registration, coverage

4-3  which meets the requirements of NRS 485.185.

4-4  The department may file that evidence, return it to the applicant or

4-5  otherwise dispose of it.

4-6    (g) If required, evidence of the applicant’s compliance with controls

4-7  over emission.

4-8    4.  The application must contain such other information as is required

4-9  by the department or registered dealer, and must be accompanied by proof

4-10  of ownership satisfactory to the department.

4-11    5.  For purposes of the proof, declaration and evidence required by

4-12  paragraphs (e) and (f) of subsection 3:

4-13    (a) Vehicles which are subject to the fee for a license and the

4-14  requirements of registration of the Interstate Highway User Fee

4-15  Apportionment Act, and which are based in this state, may be declared as a

4-16  fleet by the registered owner thereof, on his original application for or

4-17  application for renewal of a proportional registration. The owner may file a

4-18  single certificate of insurance covering that fleet.

4-19    (b) Other fleets composed of 10 or more vehicles based in this state or

4-20  vehicles insured under a blanket policy which does not identify individual

4-21  vehicles may each be declared annually as a fleet by the registered owner

4-22  thereof for the purposes of an application for his original or any renewed

4-23  registration. The owner may file a single certificate of insurance covering

4-24  that fleet.

4-25    (c) A person who qualifies as a self-insurer pursuant to the provisions of

4-26  NRS 485.380 may file a copy of his certificate of self-insurance.

4-27    (d) A person who qualifies for an operator’s policy of liability insurance

4-28  pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence

4-29  of that insurance.

4-30    Sec. 6.  NRS 482.280 is hereby amended to read as follows:

4-31    482.280  1.  The registration of every vehicle expires at midnight on

4-32  the day specified on the receipt of registration, unless the day specified

4-33  falls on a Saturday, Sunday or legal holiday. If the day specified on the

4-34  receipt of registration is a Saturday, Sunday or legal holiday, the

4-35  registration of the vehicle expires at midnight on the next judicial day. The

4-36  department shall mail to each holder of a certificate of registration an

4-37  application for renewal of registration for the following period of

4-38  registration. The applications must be mailed by the department in

4-39  sufficient time to allow all applicants to mail the applications to the

4-40  department and to receive new certificates of registration and license

4-41  plates, stickers, tabs or other suitable devices by mail before the expiration

4-42  of their registrations. An applicant may present or submit the application to

4-43  any agent or office of the department.

4-44    2.  An application [mailed] :

4-45    (a) Mailed or presented to the department or to a county assessor

4-46  pursuant to the provisions of this section[, or presented] ;

4-47    (b) Submitted to the department pursuant to section 4 of this act; or

4-48    (c) Presented to an authorized inspection station or authorized station

4-49  pursuant to the provisions of NRS 482.281 ,

5-1  must include, if required, evidence of compliance with standards for

5-2  control of emissions.

5-3    3.  The department shall insert in each application mailed pursuant to

5-4  subsection 1:

5-5    (a) The amount of the governmental services tax to be collected for the

5-6  county pursuant to the provisions of NRS 482.260.

5-7    (b) The amount set forth in a notice of nonpayment filed with the

5-8  department by a local authority pursuant to NRS 484.444.

5-9    (c) A statement which informs the applicant that, pursuant to NRS

5-10  485.185, he is legally required to maintain insurance during the period in

5-11  which the motor vehicle is registered.

5-12    4.  An owner who has made proper application for renewal of

5-13  registration before the expiration of the current registration but who has not

5-14  received the license plate or plates or card of registration for the ensuing

5-15  period of registration is entitled to operate or permit the operation of that

5-16  vehicle upon the highways upon displaying thereon the license plate or

5-17  plates issued for the preceding period of registration for such a time as may

5-18  be prescribed by the department as it may find necessary for the issuance

5-19  of the new plate or plates or card of registration.

5-20    Sec. 7.  NRS 482.399 is hereby amended to read as follows:

5-21    482.399  1.  Upon the transfer of the ownership of or interest in any

5-22  vehicle by any holder of a valid registration, or upon destruction of the

5-23  vehicle, the registration expires.

5-24    2.  The holder of the original registration may transfer the registration

5-25  to another vehicle to be registered by him and use the same license plate or

5-26  plates thereon, if the license plate or plates are appropriate for the second

5-27  vehicle, upon filing an application for transfer of registration and upon

5-28  paying the transfer registration fee and the excess, if any, of the registration

5-29  fee and governmental services tax on the vehicle to which the registration

5-30  is transferred over the total registration fee and governmental services tax

5-31  paid on all vehicles from which he is transferring his ownership or interest.

5-32  [Application] Except as otherwise provided in section 4 of this act, an

5-33  application for transfer of registration must be made in person, if

5-34  practicable, to any office or agent of the department or to a registered

5-35  dealer, and the license plate or plates may not be used upon a second

5-36  vehicle until registration of that vehicle is complete. In computing the

5-37  governmental services tax, the department, its agent or the registered dealer

5-38  shall credit the portion of the tax paid on the first vehicle attributable to the

5-39  remainder of the current registration period or calendar year on a pro rata

5-40  monthly basis against the tax due on the second vehicle or on any other

5-41  vehicle of which the person is the registered owner. If any person transfers

5-42  his ownership or interest in two or more vehicles, the department or the

5-43  registered dealer shall credit the portion of the tax paid on all of the

5-44  vehicles attributable to the remainder of the current registration period or

5-45  calendar year on a pro rata monthly basis against the tax due on the vehicle

5-46  to which the registration is transferred or on any other vehicle of which the

5-47  person is the registered owner. The certificates of registration and unused

5-48  license plates of the vehicles from which a person transfers his ownership

5-49  or interest must be submitted before credit is given against the tax due on

6-1  the vehicle to which the registration is transferred or on any other vehicle

6-2  of which the person is the registered owner.

6-3    3.  In computing the registration fee, the department or its agent or the

6-4  registered dealer shall credit the portion of the registration fee paid on each

6-5  vehicle attributable to the remainder of the current calendar year or

6-6  registration period on a pro rata basis against the registration fee due on the

6-7  vehicle to which registration is transferred. If the amount owed on the

6-8  registration fee or governmental services tax on that vehicle is less than the

6-9  credit on the total registration fee or governmental services tax paid on all

6-10  vehicles from which a person transfers his ownership or interest, the

6-11  department shall issue to the person a refund in an amount equal to the

6-12  difference between the amount owed on the registration fee or

6-13  governmental services tax on that vehicle and the credit on the total

6-14  registration fee or governmental services tax paid on all vehicles from

6-15  which a person transfers his ownership or interest.

6-16    4.  If the license plate or plates are not appropriate for the second

6-17  vehicle, the plate or plates must be surrendered to the department or

6-18  registered dealer and an appropriate plate or plates must be issued by the

6-19  department. The department shall not reissue the surrendered plate or

6-20  plates until the next succeeding licensing period.

6-21    5.  If application for transfer of registration is not made within 60 days

6-22  after the destruction or transfer of ownership of or interest in any vehicle,

6-23  the license plate or plates must be surrendered to the department on or

6-24  before the 60th day for cancellation of the registration.

6-25    6.  If a person cancels his registration and surrenders to the department

6-26  his license plates for a vehicle, the department shall issue to the person a

6-27  refund of the portion of the registration fee and governmental services tax

6-28  paid on the vehicle attributable to the remainder of the current calendar

6-29  year or registration period on a pro rata basis.

6-30    Sec. 8.  1.  This section and sections 1 to 4, inclusive, of this act

6-31  become effective on July 1, 2001.

6-32    2.  Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on

6-33  July 1, 2001.

 

6-34  H