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 * * *~~such~~ the motor vehicle * * * ~~until the price is paid~~ 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 * * * ~~such~~ 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.

( * * *34) 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.

( * * *45) 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.