301.197. Notification of transfer of interest included in revenue records, when--application for new title, failure to apply, effect--rulemaking authority.

MISSOURI STATUTES AND CODES

301.197. Notification of transfer of interest included in revenue records, when--application for new title, failure to apply, effect--rulemaking authority.

Notification of transfer of interest included in revenue records,when--application for new title, failure to apply, effect--rulemakingauthority.

301.197. 1. Beginning January 1, 2006, upon receipt of anotification of transfer described in section 301.196, the department shallmake a notation on its records indicating that it has received notificationthat an interest in the motor vehicle or trailer has been transferred. Thenotation shall be made whether or not the form submitted to the departmentcontains all the information required by section 301.196, so long as thereis sufficient information to identify the motor vehicle or trailer and thename and address of the transferee. Thereafter, until a new title isissued, when the department is asked or is required by law to provide thename of the owner or lienholder of a motor vehicle or trailer as shown onits records, the department shall provide the name of the owner orlienholder recorded on the latest title or lien perfection of record andindicate that department records show a notification of transfer but do notshow a title transfer. The department shall also provide the name of thetransferee, if otherwise permitted by law, if it is shown on the formsubmitted by the transferor pursuant to section 301.196.

2. If the department does not receive an application for title fromthe person named as transferee in a form submitted pursuant to section301.196 within sixty days of the receipt of the form, the department shallnotify the transferee to apply for title. Notification shall be made assoon after the sixtieth day after receipt of the form as is convenient forthe department. The provisions of this subsection shall be in addition tothe requirements of section 301.190.

3. The department may adopt rules for the implementation of section301.196 and this section. Any rule or portion of a rule, as that term isdefined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2004, shall be invalid and void. Notwithstanding section226.200, RSMo, to the contrary the general assembly may appropriate statehighways and transportation department funds for the requirements ofsections 301.196, 301.198, and 301.280, and this section.