NRS482.4285. Electronic lien system for notification and release of security interests: Duties of Department; qualifications and requirements of contractor; participation of lienholders; electronic lien admissible as evidence of existence of lien; regulations.

      1.  The Department shall enter into one or more contracts pursuant to this section to establish, implement and operate, in lieu of the issuance and maintenance of paper documents otherwise required by this chapter, an electronic lien system to process the notification and release of security interests through electronic batch file transfers.

     2.  Any contract entered into pursuant to this section must not require the Department to pay any amount to a contractor unless otherwise provided in this section. A contractor must be required to reimburse the Department for any reasonable implementation costs directly incurred by the Department during the establishment and ongoing administration of the electronic lien system. A contract entered into pursuant to this section must include provisions specifically prohibiting a contractor from using information concerning vehicle titles for marketing or solicitation purposes.

      3.  The electronic lien system must allow qualified service providers to participate in the system. A lienholder may participate in the system through any qualified service provider approved by the Department for participation in the system.

      4.  Service providers may be required to collect fees from lienholders and their agents for the implementation and administration of the electronic lien system. The amount of the fee collected by a service provider and paid to a contractor for the establishment and maintenance of the electronic lien system must not exceed $4 per transaction.

      5.  A contractor may also serve as a service provider under such terms and conditions as are established by the Department pursuant to the terms of a contract entered into pursuant to this section and the regulations adopted by the Department. If a contractor will also serve as a service provider:

      (a) The Department may perform audits of the contractor at intervals determined by the Department to ensure the contractor is not engaged in predatory pricing. The contractor shall reimburse the Department for the cost of all audits.

      (b) The contract between the Department and the contractor entered into pursuant to this section must include an acknowledgement by the contractor that the contractor is required to enter into agreements to exchange electronic lien data with all service providers who offer electronic lien and title services to lienholders doing business in the State of Nevada, have been approved by the Department for participation in the electronic lien system pursuant to this section and elect to use the contractor for access to the electronic lien system. A service provider must not be required to provide confidential or proprietary information to any other service provider.

      6.  Except for persons who are not normally engaged in the business or practice of financing vehicles, all lienholders are required to participate in the electronic lien system.

      7.  For the purposes of this chapter, any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an electronic lien system. The satisfaction of a lien may be electronically transmitted to the Department. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of state or federal law concerning odometer readings and disclosures.

      8.  A certified copy of the Department’s electronic record of a lien is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the electronic lien system, a certified copy of the Department’s electronic record of the certificate of title is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence and contents of the certificate of title.

      9.  The Director may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) The amount of the fee a service provider is required to charge pursuant to subsection 4 and pay to a contractor for the establishment and maintenance of the electronic lien system.

      (b) The qualifications of service providers for participation in the electronic lien system.

      (c) The qualifications for a contractor to enter into a contract with the Department to establish, implement and operate the electronic lien system.

      (d) Program specifications that a contractor must adhere to in establishing, implementing and operating the electronic lien system.

      (e) Additional requirements for and restrictions upon a contractor who will also serve as a service provider.

      10.  As used in this section:

      (a) “Contractor” means a person who, pursuant to this section, enters into a contract with the Department to establish, implement and operate the electronic lien system.

      (b) “Electronic lien system” means a system to process the notification and release of security interests through electronic batch file transfers that is established and implemented pursuant to this section.

      (c) “Service provider” means a person who, pursuant to this section, provides lienholders with software to manage electronic lien and title data.

      (Added to NRS by 2013, 2825)