47-1109.

§47-1109.


    A.  All information contained in certificates of title,
applications therefor, or registration certificates is hereby
declared to be confidential information and shall not be copied by
anyone or disclosed to anyone other than employees of the Oklahoma
Tax Commission in the regular course of their employment, except as
follows:
    1.  To law enforcement officers in the regular course of their
duties;
    2.  To other governmental agencies when required in their
governmental functions;
    3.  To any motor vehicle manufacturer or an authorized
representative thereof for the purpose of meeting the requirements of
the recall provisions of Title 15 U.S.C. 1974; provided that the
manufacturer or representative shall, when requesting information
pertaining to motor vehicles, furnish the Tax Commission with an
affidavit stating the purpose for which the information is to be
used, and that the confidentiality of the information shall be
protected, as set out above, and used only for the purpose stated;
provided, further, that the Tax Commission shall be authorized to
review the use of and the measures employed to safeguard the
information; and provided, further, that the manufacturer or
representative shall bear the cost incurred by the Tax Commission in
the production of the information requested.  If the confidentiality
provisions, as set out above, are violated, the provisions of
subsection D of Section 205 of Title 68 of the Oklahoma Statutes
shall apply and the privilege of obtaining information shall be
terminated.  Any manufacturer or representative violating the
provisions of this paragraph, upon conviction, shall be punishable by
a fine not to exceed Fifty Thousand Dollars ($50,000.00); and
    4.  To any person compiling and publishing motor vehicle
statistics, provided that such statistics do not disclose the names
and addresses of individuals.  Such information shall be provided
upon payment of a fee as determined by the Tax Commission.
    B.  Notwithstanding the foregoing, the Tax Commission or motor
license agent may, when requested for a particular vehicle, furnish
desired information for the sum of One Dollar ($1.00) per vehicle or
make copies of certificates of title, applications therefor and
registration certificates and sell the same for the fee hereinafter
prescribed.  Certified copies of any and all records held by the Tax
Commission relative to certificates of title and registration
certificates issued under the laws of this state, duly certified by
the Tax Commission, may be received in evidence with the same effect
as the original, when such original is not in the possession or under
the control of the party desiring to use the same.  For each
certified copy furnished under this section, a fee of Two Dollars
($2.00) per instrument shall be charged and collected by the Tax
Commission.  All such funds shall be deposited in the Oklahoma Tax
Commission Revolving Fund.
    C.  Notwithstanding the foregoing, the Tax Commission may allow
the release of information from its motor vehicle records upon
magnetic tape consisting only of the following information:
    1.  The date of the certificate of title;
    2.  The certificate of title number;
    3.  The type of title issued for the vehicle;
    4.  The odometer reading from the certificate of title;
    5.  The year in which the vehicle was manufactured;
    6.  The vehicle identification number for the vehicle;
    7.  The make of the vehicle; and
    8.  The location in which the vehicle is registered.
    The Tax Commission shall allow the release of such information
upon payment of a fee to be determined by the Tax Commission.  The
information released as authorized by this subsection may only be
used for purposes of detecting odometer rollback or odometer
tampering, for determining the issuance in this state or any other
state of salvage or rebuilt titles for vehicles or for determining
whether a vehicle has been reported stolen in this state or any other
state.
    D.  Notwithstanding the foregoing, any motor license agent, upon
written request from a secured party for information contained in the
certificate of title or registration certificate of a vehicle in
which the secured party has an interest or upon written request from
a vehicle owner for information contained in the certificate of title
or registration certificate of such vehicle, may furnish such desired
information for the sum of One Dollar ($1.00) per vehicle.  Fees
received by a motor license agent pursuant to the provisions of this
subsection shall not be included in the maximum sum that may be
retained by motor license agents as compensation pursuant to the
provisions of Section 1143 of this title.
    E.  Notwithstanding the provisions of this section or of Section
205 of Title 68 of the Oklahoma Statutes, the Tax Commission may
inform a secured party that taxes and fees are delinquent with
respect to a vehicle upon which the secured party has a perfected
lien.
    F.  The provisions of subsections A and B of this section shall
not apply to vehicles in excess of twenty-six thousand (26,000)
pounds, or to trailers or semitrailers which may be used in
combination with such vehicles.  The Tax Commission shall establish
an appropriate fee to cover the cost of furnishing the requested data
and shall issue specific rules and regulations for the dissemination
of information that shall apply only to vehicles registered in
Oklahoma with a gross vehicle weight in excess of twenty-six thousand
(26,000) pounds, or the applicable trailers or semitrailers.
    The release of such information shall be limited to Oklahoma
incorporated and domiciled, nonprofit, tax exempt industry trade
groups and organizations for the express purpose of making such data
directly available to the heavy duty motor transportation industry.