47-40-102.

§47-40-102.


    A.  Every law enforcement officer who, in the regular course of
duty, investigates or receives a report of a traffic accident
resulting in injury to or death of a person or total property damage
to an apparent extent of Three Hundred Dollars ($300.00) or more
shall prepare a written report of the accident on the standard
accident report form supplied by the Department.  Such reports shall
be forwarded forthwith by the Police Department or other agency to
the Department of Public Safety.
    B.  1.  No public employee or officer shall allow a person to
examine or reproduce an accident report or any related investigation
report if examination or reproduction of the report is sought for the
purpose of making a commercial solicitation.  Any person requesting
an accident report may be required to state, in writing, under
penalty of perjury, that the report will not be examined, reproduced,
or otherwise used for commercial solicitation purposes.  It shall be
unlawful and constitute a misdemeanor for any person to obtain or use
information from an accident report or a copy thereof for the purpose
of making a commercial solicitation.
    2.  As used in this subsection:
         a.   "commercial solicitation" means any attempt to use, or
              offer for use, information contained in an accident
              report to solicit any person named in the report, or a
              relative of such person, to enter into a professional,
              business, or commercial relationship.  "Commercial
              solicitation" does not mean publication in a legal
              newspaper, as defined in Section 106 of Title 25 of the
              Oklahoma Statutes, or broadcast by news media for news
              purposes, and
         b.   "accident report" means any report regarding a motor
              vehicle accident or collision which has been submitted
              by an individual or investigating officer on a form
              prescribed or used by the Department of Public Safety
              or local police department.
    3.  Publication in a legal newspaper, as defined in Section 106
of Title 25 of the Oklahoma Statutes, or broadcast by news media for
news purposes shall not constitute a resale or use of data for trade
or commercial solicitation purposes.  Because publication by a legal
newspaper or broadcast by news media for news purposes is not a
resale or use of data for trade or commercial purposes, an affidavit
shall not be required as a condition for allowing a member of a legal
newspaper or broadcast news media to examine or obtain a copy of an
accident report.
    4.  The Department of Public Safety and local police departments
shall include the following or a similar notice upon any copy of an
accident report furnished to others:  "Warning - State Law.  Use of
contents for commercial solicitation is unlawful."