Authority of Department of Motor Vehicles to establish program; validity of electronic submission or storage; persons allowed to apply for participation; adoption of regulations; required content of regulations; acceptance of gifts and grants.
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,
Ê 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 (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 and a 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 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,
Ê 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.
Last modified: February 25, 2006