SB 2182 — Towing of vehicle; wrecker company allowed to retain personal property pending payment of towing bill.

SB2182 (As(COMMITTEE Introduced)SUBSTITUTE) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

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 POSSIBLY 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 the towing company to whom the price of such labor and storage costs may be due shall have the right to retainretain, until the price is paid, possession of * * *such the motor vehiclevehicle * * * 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 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 withindetermines 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 madereasonably bynecessary the towing company to locatesatisfy ownership, including a check for tag information, inspection sticker, or any papers in the vehicleprice 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 holderstorage of any lien, as disclosed by the motor vehiclevehicle.  titleThe recordsprovisions or other investigation, of noticethis ofsection salethat ofallow thea 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 mayto commenceretain salepossession of the property at public auction.  The towing company shall publish for two (2) consecutive weeks a noticemotor 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 amountmotor neededvehicle to paysatisfy the towing, reasonable storageprice and necessary expenses of thetowing proceduresand requiredstorage, by this section shall benot heldapply bywhen the towing company for a periodrepossession ofis sixinitiated (6) months, and, if not reclaimed by thea ownerlien thereofholder within such time, shall become the property of therecord countyas andlisted beon paid to the chancerycertificate clerk of thetitle county in which the sale was held to be deposited into the county general fund, subject, however, to any rights of the recordedvehicle. lienholder.

     (3) (2)  TheWithin failuretwenty-four (24) hours, the towing company shall report to makethe 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 complylocate withownership, including a check for tag information, inspection sticker, or any papers in the requirementsvehicle that may indicate ownership of thisthe sectionvehicle or the personal property contents of the vehicle.  Upon location of the owner and lienholder, the towing company shall precludenotify them by registered mail of the impositionamount 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 storagelien, chargesas 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 chargescompany againstmay commence sale of the towedproperty vehicle.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.

     (4) (3)  EveryNotwithstanding towingthe companyprovisions shallof maintainsubsections accurate(1) recordsand for(2) aof periodthis section, the owner of threea (3)motor years,vehicle whichthat recordshas shallbeen identifytowed at his request, or at the vehiclesdirection itof hasa towedlaw andenforcement storedofficer andor allupon proceduresrequest thatof ita real property owner upon whose property a vehicle has takenbeen left without permission, shall have the exclusive right to complyretrieve withthe following personal property contents in the provisionsvehicle ofprior thisto chapter.paying any towing or storage costs:

              SECTION(a)  2. Prescription Thismedication act shall take effect and be in forceits fromproper andcontainer; after July 1, 2019.

          (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.