40-3-23
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40-3-23.
(a)
The commissioner or the
commissioneŕs
duly authorized county tag agent shall file each application received and, when
satisfied as to its genuineness and regularity and that the applicant is
entitled to the issuance of a certificate of title, shall issue a certificate of
title of the vehicle.
(b)
The commissioner or the
commissioneŕs
duly authorized county tag agent shall maintain a record of all certificates of
title issued:
(1)
Under a distinctive title number assigned to the vehicle;
(2)
Under the identifying number of the vehicle;
(3)
Alphabetically, under the name of the owner;
(4)
Under the vehicle tag registration number; and
(5)
In the discretion of the commissioner, in any other method the commissioner
determines.
(c)
The commissioner or the
commissioneŕs
duly authorized county tag agent is authorized and empowered to provide for
photographic and photostatic recording of certificate of title records in such
manner as the commissioner or the
commissioneŕs
duly authorized county tag agent may deem expedient. The photographic or
photostatic copies authorized in this subsection shall be sufficient as evidence
in tracing of titles of the motor vehicles designated therein and shall also be
admitted in evidence in all actions and proceedings to the same extent that the
originals would have been admitted.
(d)
The motor vehicle records which the commissioner or the
commissioneŕs
duly authorized county tag agent is required to maintain under this Code section
or any other provision are exempt from the provisions of any law of this state
requiring that such records be open for public inspection; provided, however,
that, subject to subsection (f) of this Code section, the records may be
disclosed for use as provided in the federal
Driveŕs
Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(1)
Any licensed dealer of new or used motor vehicles; and
(2)
Any tax collector, tax receiver, or tax commissioner.
(e)
In addition to any public inspection of records authorized under subsection (d)
of this Code section, motor vehicle records consisting of vehicle description,
title status, title brands, last recorded mileage, recorded liens, or recorded
security interests which the commissioner or the
commissioneŕs
duly authorized county tag agent is required to maintain under this Code section
shall, in such manner and under such conditions as prescribed by the
commissioner, be furnished individually or in bulk to any person upon payment of
a reasonable fee, for any purpose not otherwise prohibited by law, including
without limitation for the purpose of providing information to allow for
informed motor vehicle purchase and safety decisions. Records furnished in
accordance with this subsection may be subsequently transferred to third
parties. Personal information of any registrant, including name, address, date
of birth, or
driveŕs
license or social security number, shall not be furnished or transferred by or
to any person pursuant to this subsection.
(f)
Except as otherwise required in the federal
Driveŕs
Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information
furnished under paragraphs (1) and (2) of subsection (d) of this Code section
shall be limited to the natural
persońs
name, address, and driver identification number. The personal information
obtained by a business under this Code section shall not be resold or
redisclosed for any purposes other than those permitted under the federal
Driveŕs
Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written
consent of the individual. Furnishing of information to a business under this
Code section shall be pursuant to a contract entered into by such business and
the state which specifies the consideration to be paid by such business to the
state for such information and the frequency of updates.