Okla. Stat. tit. 47, § 24.4

Repealed by Laws 1985, Chapter 179, § 99, operative July 1, 1985. §47-40-101. Accident report forms. The Department shall prescribe standard forms for accident reports for use by all police departments and all other appropriate agencies. The accident reports shall call for sufficiently detailed information to disclose the cause, the conditions then existing, the persons and vehicles involved and such other information as prescribed by the Commissioner. Added by Laws 1967, c. 139, § 1. Amended by Laws 2011, c. 335, § 9. §47-40-102. Traffic collision resulting in injury or death or property damage exceeding certain amount - Reports - Confidentiality - Allowing examination or reproduction for commercial solicitation prohibited. A. 1. Every law enforcement officer who, in the regular course of duty, investigates or receives a report of a traffic collision resulting in injury to or death of a person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall prepare a written report of the collision on the standard collision report form supplied by the Department of Public Safety. The reports shall be forwarded within thirty (30) days of the collision or, if the collision results in the death of any person, then within twenty (20) days of the death of the person, whichever time period is lesser, by the law enforcement agency preparing the report to the Department of Public Safety. 2. Reports of collisions shall be kept confidential for a period of sixty (60) days after the date of the collision; provided, the reports shall be made available as soon as practicable upon request to any: a. party involved in the collision, b. legal representatives of a party involved in the collision, c. state, county or city law enforcement agency, d. the Department of Transportation or any county or city transportation or road and highway maintenance agency, e. licensed insurance agents of a party involved in the collision, f. insurer of a party involved in the collision, g. insurer to which a party has applied for coverage, h. person under contract with an insurer, as described in subparagraph e, f or g of this paragraph, to provide claims or underwriting information, i. prosecutorial authority, j. newspaper as defined in Section 106 of Title 25 of the Oklahoma Statutes, k. radio or television broadcaster, l. licensed private investigators employed by a party involved in the collision, or m. provider of health services to a party involved in the collision. 3. Any person who knowingly violates this section and obtains or provides information made confidential by this section is guilty of a misdemeanor and shall be fined no more than Two Thousand Five Hundred Dollars ($2,500.00). Second and subsequent offenses shall carry a penalty of imprisonment in the county jail for not more than thirty (30) days. B. 1. No public employee or officer shall allow a person to examine or reproduce a collision 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 a collision 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 a collision 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, personal information contained in a collision report to solicit any person named in the report, or a relative of the person, or to solicit a professional, business, or commercial relationship that is not pursuant to a request under paragraph 2 of subsection A of this section. "Commercial solicitation" does not include publication in a newspaper, as defined in Section 106 of Title 25 of the Oklahoma Statutes, or broadcast of information by news media for news purposes, or obtaining information for the purpose of verification or settlement of claims by insurance companies, and b. "collision report" means any report regarding a motor vehicle 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 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 newspaper, broadcast by news media for news purposes, or obtaining information for verification or settlement of claims by insurance companies is not a resale or use of data for commercial solicitation purposes, an affidavit shall not be required as a condition for allowing a member of a newspaper or broadcast news media, or allowing an agent, or business serving as an agent, to insurance companies, to examine or obtain a copy of a collision report. Any agent or business obtaining information for verification or settlement of claims involving persons named in a report shall secure an affidavit annually from each client stating the information provided to the client shall not be used for commercial solicitation purposes under penalty of law. 4. The Department and local police departments shall include the following or a similar notice upon any copy of a collision report furnished to others: "Warning - State Law. Use of contents for commercial solicitation is unlawful." C. As used in this section: 1. "Newspaper" means a legal newspaper as defined in Section 106 of Title 25 of the Oklahoma Statutes, provided that the primary purpose of the newspaper is not the publication of personally identifying information concerning parties involved in the traffic collision; 2. "Provider of health services" means any person that provides health care services to the injured person under a license, certification or registration issued pursuant to Title 59 of the Oklahoma Statutes, or any hospital or related institution that offers or provides health care services under a license issued pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma Statutes; and 3. "Personal information", as defined in Section 162 of Title 24 of the Oklahoma Statutes, means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this state, when the data elements are neither encrypted nor redacted: a. social security number, b. driver license number or state identification card number issued in lieu of a driver license, or c. financial account number or credit or debit card number in combination with any required security code, access code or password that would permit access to the financial accounts of a resident. Personal information does not include information that is lawfully obtained from publicly available information or from federal, state or local government records lawfully made available to the general public. Added by Laws 1967, c. 139, § 2. Amended by Laws 1980, c. 100, § 3, eff. Oct. 1, 1980; Laws 1996, c. 232, § 1, eff. Nov. 1, 1996; Laws 1998, c. 344, § 1, eff. Nov. 1, 1998; Laws 1999, c. 14, § 1, eff. Nov. 1, 1999; Laws 2000, c. 324, § 4, eff. July 1, 2000; Laws 2002, c. 444, § 1, eff. Nov. 1, 2002; Laws 2004, c. 418, § 18, eff. July 1, 2004; Laws 2005, c. 1, § 56, emerg. eff. March 15, 2005; Laws 2005, c. 394, § 14, emerg. eff. June 6, 2005; Laws 2008, c. 302, § 4, emerg. eff. June 2, 2008; Laws 2019, c. 248, § 1, eff. Nov. 1, 2019. NOTE: Laws 2004, c. 18, § 1 repealed by Laws 2005, c. 1, § 57, emerg. eff. March 15, 2005. §47-40-103. Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003. §47-40-104. Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003. §47-40-105. Renumbered as § 12-609 of this title by Laws 2003, c. 411, § 85, eff. Nov. 1, 2003. §47-40-106. Repealed by Laws 2007, c. 62, § 38, emerg. eff. April 30, 2007. §47-40-107. Federal Highway Safety Act of 1966 - Securing of benefits under. The Governor, in addition to other duties and responsibilities conferred upon him by the constitution and laws of this state is hereby empowered to contract and to do all other things necessary to secure the full benefits available to this state and its political subdivisions under the Federal Highway Safety Act of 1966, and in so doing, to cooperate with federal and state agencies, private and public organizations, and with individuals to effectuate the purposes of this enactment, and any and all subsequent amendments thereto, and to accept and take advantage of any federal grants or funds which are, or may hereafter be made available to the state in carrying out the provisions of this act, and in law enforcement training. The Governor shall be responsible for and is hereby empowered to coordinate and administer through such appropriate agencies or officers of this state as he shall designate or appoint an individual coordinator and any clerical assistance necessary to administer the related Highway Safety Programs of this state and those of its political subdivisions, all in accordance with said act and federal rules and regulations in implementation thereof. Laws 1967, c. 347, § 1, emerg. eff. May 18, 1967. §47-40-108. Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993. §47-40-109. Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993. §47-40-110. Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993. §47-40-111. Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993. §47-40-112. Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993. §47-40-113. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §47-40-121. Motorcycle Safety and Education Program. A. There is hereby created in the Department of Public Safety the "Motorcycle Safety and Education Program". The Commissioner of Public Safety may hire an Administrator who shall be responsible for the administration and operation of the Program, as determined by the Commissioner. B. 1. The Program shall include guidelines and standards for courses of instruction, as established and approved by the Commissioner and which are taught by certified instructors, as prescribed by the Commissioner. The courses shall meet or exceed nationally accepted standards for courses of instruction in motorcycle safety and education. The courses shall include instruction for novice and experienced motorcycle operators and passengers, instruction in motorist awareness and alcohol and drug awareness, and any other instruction the Commissioner deems appropriate for motorcycle safety and education. 2. The Program may include provisions for marketing and promotion, improving motorcycle license testing procedures, and such other provisions as deemed appropriate by the Commissioner. 3. The Commissioner shall evaluate the Program every two (2) years and shall periodically inspect public and private facilities and equipment and periodically evaluate procedures used in the courses of instruction. Evaluation and inspection reports shall be submitted to the Advisory Committee. C. The cost of administering and operating the Motorcycle Safety and Education Program shall be funded by the Motorcycle Safety and Education Program Revolving Fund, as created in Section 40-123 of this title. The Commissioner shall promulgate rules necessary to implement and administer the provisions of Sections 40- 121 through 40-123 of this title. Added by Laws 1999, c. 342, § 1, eff. Nov. 1, 1999. Amended by Laws 2002, c. 472, § 1, eff. July 1, 2002. §47-40-122. Advisory Committee for Motorcycle Safety and Education. A. There is hereby created the Advisory Committee for Motorcycle Safety and Education which shall be comprised of the Administrator of the Motorcycle Safety and Education Program in the Department of Public Safety, who shall serve as chair of the Committee and shall be a nonvoting member, and seven (7) voting members, six of whom shall be appointed by the Commissioner of Public Safety and one of whom shall be appointed by the Insurance Commissioner. One member shall be a certified instructor of motorcycle safety and education; three members shall be licensed and safety course certified motorcycle operators/owners; one member shall represent private sector motorcycle rider education schools; one member shall be a representative of the Oklahoma Highway Safety Office; and the member appointed by the Insurance Commissioner shall be an employee of the Insurance Commissioner's office. Members shall serve at the pleasure of the appointing authority, except as provided in subsection B of this section. B. By January 1, 2011, the Commissioner of Public Safety shall appoint three of the members of the Advisory Committee for Motorcycle Safety and Education in accordance with the requirements as modified in subsection A of this section upon the effective date of this act. Once appointed all members shall serve at the pleasure of the appointing authority. C. The Committee shall meet at the call of the Administrator or the Commissioner. A vice-chair shall be elected by the Committee from among its members. The vice-chair shall act as chair of the Committee only in the absence of the Administrator at officially called meetings of the Committee. D. The Committee shall advise and assist the Commissioner in the development, administration and operation of the Motorcycle Safety and Education Program and the setting of goals, objectives and priorities for the Program. E. The provisions of this section shall not be construed to authorize the creation of any additional salaried position within the Department of Public Safety. F. Members of the Committee who are not state employees shall receive no compensation from the state for serving on the Committee. All members of the Committee shall be entitled to reimbursement for any actual and necessary traveling expenses pursuant to the State Travel Reimbursement Act. Added by Laws 1999, c. 342, § 2, eff. Nov. 1, 1999. Amended by Laws 2002, c. 472, § 2, eff. July 1, 2002; Laws 2010, c. 70, § 1, emerg. eff. April 9, 2010. §47-40-123. Motorcycle Safety and Education Program Revolving Fund. There is hereby created in the State Treasury a revolving fund for the Department of Public Safety to be designated the "Motorcycle Safety and Education Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all fees, donations, federal funds and grants received for the purpose of motorcycle safety and education programming. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commissioner of Public Safety for the purpose of operating the Motorcycle Safety and Education Program. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 1999, c. 342, § 3, eff. Nov. 1, 1999. Amended by Laws 2002, c. 472, § 3, eff. July 1, 2002; Laws 2012, c. 304, § 175.