Bill Text: MS SB2182 | 2019 | Regular Session | Comm Sub
Bill Title: Towing of vehicle; wrecker company allowed to retain personal property pending payment of towing bill.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-14 - Died On Calendar [SB2182 Detail]
Download: Mississippi-2019-SB2182-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Finance
By: Senator(s) Fillingane
Senate Bill 2182
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 85-7-251, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR THE SALE OF A MOTOR VEHICLE FOR TOWING AND STORAGE COSTS TO INCLUDE THE RIGHT TO RETAIN AND SELL THE PERSONAL PROPERTY CONTENTS OF THE TOWED VEHICLE THAT ARE DETERMINED BY THE TOWING COMPANY TO SATISFY THE PRICE OF TOWING AND STORING THE VEHICLE; TO PROVIDE THAT THE OWNER MAY RETRIEVE CERTAIN PERSONAL PROPERTY PRIOR TO PAYING THE TOWING OR STORAGE COSTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-7-251, Mississippi Code of 1972, is amended as follows:
85-7-251. (1) The owner of
a motor vehicle that has been towed at his request or at the direction of a law
enforcement officer, or towed upon request of a real property owner upon whose
property a vehicle has been left without permission of the real property owner
for more than five (5) days, shall be liable for the reasonable price of towing
and storage of such vehicle; and the towing company to whom the price of such
labor and storage costs may be due shall have the right to retain, until the
price is paid, possession of * * * the motor vehicle * * * and, if there is no
superior ownership right in an innocent third party, any personal property
contents of the motor vehicle that the towing company determines to be
reasonably necessary to satisfy the price of towing and storage of the motor
vehicle. The provisions of this section that allow a towing company to
retain possession of a motor vehicle and any personal property contents of the
motor vehicle to satisfy the reasonable price of towing and storage, shall not
apply when a repossession is initiated by a lien holder of record as listed on
the certificate of title of the vehicle.
(2) Within twenty-four (24)
hours, the towing company shall report to the local law enforcement agency
having jurisdiction any vehicle that has been towed unless the vehicle was
towed at the request of the owner of the vehicle. If the owner of a towed
vehicle has not contacted the towing company within five (5) business days of
the initial tow, the towing company shall obtain from the appropriate authority
the names and addresses of any owner and lienholder of the vehicle and of
any owner and lienholder of the personal property contents of the vehicle.
If the information from the appropriate authority fails to disclose the owner
or lienholder, a good faith effort shall be made by the towing company to
locate ownership, including a check for tag information, inspection sticker, or
any papers in the vehicle that may indicate ownership of the vehicle or the
personal property contents of the vehicle. Upon location of the owner and
lienholder, the towing company shall notify them by registered mail of the
amount due for towing, postmarked no later than the tenth day following the
initial tow. If such amount shall not be paid within thirty (30) days from the
initial tow, the towing company to whom such charges are payable shall notify
by certified mail any legal owner and holder of any lien, as disclosed by the
motor vehicle title records or other investigation, of notice of sale of the vehicle
or the personal property contents of the vehicle, or both. If such
property has not been redeemed within ten (10) days after the mailing of the
certified letter, the towing company may commence sale of the property at
public auction. The towing company shall publish for two (2) consecutive weeks
a notice of sale in the newspaper having circulation in the county where the
vehicle was initially towed. The proceeds of the sale of * * * the vehicle and any personal
property contents in excess of the amount needed to pay the towing,
reasonable storage and necessary expenses of the procedures required by this
section shall be held by the towing company for a period of six (6) months,
and, if not reclaimed by the owner thereof within such time, shall become the
property of the county and be paid to the chancery clerk of the county in which
the sale was held to be deposited into the county general fund, subject,
however, to any rights of the recorded lienholder.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the owner of a motor vehicle that has been towed at his request, or at the direction of a law enforcement officer or upon request of a real property owner upon whose property a vehicle has been left without permission, shall have the exclusive right to retrieve the following personal property contents in the vehicle prior to paying any towing or storage costs:
(a) Prescription medication in its proper container;
(b) Personal medical supplies and equipment or records;
(c) Educational materials, including, but not limited to, books, papers, and school supplies, excluding electronic devices;
(d) Child restraint or child booster seats;
(e) Mail addressed to vehicle owner; and
(f) Checks, checkbooks, debit or credit cards, money orders, stocks, bonds, insurance information, or state-issued identification.
( * * *4) The failure to make a good faith
effort to comply with the requirements of this section shall preclude the
imposition of any storage charges or towing charges against the towed vehicle.
( * * *5) Every towing company shall maintain
accurate records for a period of three (3) years, which records shall identify
the vehicles it has towed and stored and all procedures that it has taken to
comply with the provisions of this chapter.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019, and shall be repealed from and after June 30, 2019.
