40-3-23. Issuance of certificate of title; maintenance of record of certificates issued; public inspection; furnishing records for fee; electronic format.

The commissioner or the commissioner’s 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.#

The commissioner or the commissioner’s duly authorized county tag agent shall maintain a record of all certificates of title issued:#

1. (1)

   Under a distinctive title number assigned to the vehicle;#

2. (2)

   Under the identifying number of the vehicle;#

3. (3)

   Alphabetically, under the name of the owner;#

4. (4)

   Under the vehicle tag registration number; and#

5. (5)

   In the discretion of the commissioner, in any other method the commissioner determines.#

The commissioner or the commissioner’s 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 commissioner’s 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.#

The motor vehicle records which the commissioner or the commissioner’s 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 Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by:#

1. (1)

   Any licensed dealer of new or used motor vehicles;#

2. (2)

   Any tax collector, tax receiver, or tax commissioner;#

3. (3)

   A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles; and#

4. (4)

   The board established pursuant to Chapter 47 of Title 43 for carrying out its functions.#

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 commissioner’s 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 driver’s license or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection.#

Except as otherwise required in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), (2), and (3) of subsection (d) of this Code section shall be limited to the natural person’s 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 Driver’s 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.#

The commissioner may provide by rule or regulation for the maintenance of certificate of title records in electronic format and in a system accessible by authorized users. Electronic evidence of a certificate of title maintained in such system shall serve as an accurate and true depiction of the state issued certificate of title for a vehicle. The commissioner may further provide by rule or regulation for the transfer of certificates of title or grant of security interests therein in electronic format through such system between authorized users. Any such electronic certificates of title or electronic transfers or grants of security interests shall be valid for all lawful purposes.#

The commissioner or the commissioner’s 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.#

The commissioner or the commissioner’s duly authorized county tag agent shall maintain a record of all certificates of title issued:#

1. (1)

   Under a distinctive title number assigned to the vehicle;#

2. (2)

   Under the identifying number of the vehicle;#

3. (3)

   Alphabetically, under the name of the owner;#

4. (4)

   Under the vehicle tag registration number; and#

5. (5)

   In the discretion of the commissioner, in any other method the commissioner determines.#

The commissioner or the commissioner’s 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 commissioner’s 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.#

The motor vehicle records which the commissioner or the commissioner’s 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 Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:#

1. (1)

   Any licensed dealer of new or used motor vehicles;#

2. (2)

   Any tax collector, tax receiver, or tax commissioner; and#

3. (3)

   A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles.#

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 commissioner’s 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 driver’s license or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection.#

Except as otherwise required in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), (2), and (3) of subsection (d) of this Code section shall be limited to the natural person’s 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 Driver’s 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.#

The commissioner may provide by rule or regulation for the maintenance of certificate of title records in electronic format and in a system accessible by authorized users. Electronic evidence of a certificate of title maintained in such system shall serve as an accurate and true depiction of the state issued certificate of title for a vehicle. The commissioner may further provide by rule or regulation for the transfer of certificates of title or grant of security interests therein in electronic format through such system between authorized users. Any such electronic certificates of title or electronic transfers or grants of security interests shall be valid for all lawful purposes.#