§ 27-14-412 — Records

(a) (1) All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the Office of Motor Vehicle, shall be open to public inspection during office hours. (2) The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015. (3) Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes. (b) (1) The Secretary of the Department of Finance and Administration and such officers of the Office of Motor Vehicle as the secretary may designate are authorized to prepare under the seal of the Office of Motor Vehicle and deliver upon request a certified copy of any record of the Office of Motor Vehicle or a noncertified electronic copy of any record of the Office of Motor Vehicle. (2) A fee of one dollar ($1.00) shall be charged for each certified record authenticated. (3) Every certified copy shall be admissible in any proceeding in any court in like manner as the original. (4) (A) A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions: (i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and (ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law. (B) A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records. (c) The secretary may destroy any records of the Office of Motor Vehicle that have been maintained on file for five (5) years that the secretary considers obsolete and of no further service in carrying out the powers and duties of the Office of Motor Vehicle. (d) All fees collected under this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (e) The secretary is the official custodian of records of the Office of Motor Vehicle.

Legislative History

Amended by Act 2021, No. 732,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 4499, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4498, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 569,§ 1, eff. 7/22/2015. Acts 1949, No. 142, §§ 23, 24; A.S.A. 1947, §§ 75-123, 75-124; Acts 1987, No. 371, § 1.