40-1-9. Electronic notifications and communications by Department of Revenue.

For purposes of this Code section, the term:#

1. (1)

   “Department” means the Department of Revenue.#

2. (2)

   “Owner” means a person having an interest in or title to a vehicle. Such term shall include a lienholder, security interest holder, and any person entitled to the use or possession of a vehicle subject to a security interest or lien by another person and includes a lessee under a lease not intended as security.#

1. (1)

   Notice required by the department upon an owner of a lapse of minimum motor vehicle insurance coverage pursuant to Code Section 40-2-137 shall be satisfied by electronic means when:#

   1. (A)

      The owner consents to receive notifications and communications electronically pursuant to the conditions set forth in paragraph (2) of this subsection; and#

   2. (B)

      The department provides notifications and communications electronically to the owner 30 days, 20 days, and ten days prior to the date of any suspension.#

2. (2)

   The department shall be authorized to utilize electronic notifications and communications pursuant to this subsection for any owner who agrees to a statement which reads:#

   1. “I AGREE TO RECEIVE NOTIFICATIONS AND COMMUNICATIONS ELECTRONICALLY OF A LAPSE OF INSURANCE COVERAGE AND POSSIBLE SUSPENSION OF MY VEHICLE REGISTRATION.”

1. (1)

   The department shall be authorized to utilize electronic notifications and communications for notice required pursuant to Chapter 3 of this title with respect to any certificate of title for any owner who has elected to maintain certificate of title records in electronic format in a system maintained pursuant to subsection (g) of Code Section 40-3-23 and for any security interest holder or lienholder with a security interest or lien recorded on such electronically maintained certificate of title record. Notice required by the department pursuant to such chapter shall be satisfied by electronic means when the owner consents to receive notifications and communications electronically upon submission of a certificate of title electronically pursuant to subsection (g) of Code Section 40-3-23 and pursuant to the conditions set forth in paragraph (2) of this subsection.#

2. (2)

   The department shall be authorized to utilize electronic notifications and communications pursuant to this subsection for any owner who agrees to a statement which reads:#

   1. “I AGREE TO RECEIVE NOTIFICATIONS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC NOTIFICATIONS OR COMMUNICATIONS MAY INCLUDE SUSPENSION, CANCELLATION, OR REVOCATION OF VEHICLE TITLE NOTICES.”

If the department becomes aware that an electronic notification or communication issued pursuant to this Code section was not transmitted to an owner, the department shall send the notification or communication as otherwise required by applicable law.#

The department shall include any record of transmission of any electronic notification or communication sent to an owner pursuant to this Code section in the motor vehicle title and registration records for such owner. The department shall retain a record pursuant to Chapter 12 of Title 10, the “Uniform Electronic Transactions Act,” of any electronic notification or communication sent pursuant to this Code section. Such record shall be retrievable by the department for a period of ten years after the date such electronic notification or communication was sent.#

An owner may withdraw his or her consent to receive notifications and communications by electronic means authorized by this Code section upon notifying the department in a method established by the department for such purpose pursuant to rule or regulation.#

Any notification or communication sent by electronic means pursuant to this Code section shall comply with the requirements set forth in Chapter 12 of Title 10, the “Uniform Electronic Transactions Act.”#