Bill Text: MS SB2478 | 2019 | Regular Session | Introduced
Bill Title: Towing of vehicle; wrecker company allowed to retain contents of vehicle pending payment of towing bill.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2019-02-05 - Died In Committee [SB2478 Detail]
Download: Mississippi-2019-SB2478-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2478
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 CONTENTS OF THE TOWED 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 * * *, 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 possession of * * * the motor vehicle and any
contents of the motor vehicle until the price is paid.
(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. 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. Ownership
of the vehicle shall presume ownership of the vehicle's contents for towing
company compliance under this section. 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 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 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), 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.
