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§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.
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