H. B. No. 1344
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To: Transportation;Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2008 By: Representative Weathersby HOUSE BILL NO. 1344 AN ACT TO AMEND SECTION 85-7-251, MISSISSIPPI CODE OF 1972,1TO REVISE THE PROCEDURE THAT MUST BE FOLLOWED TO ALLOW A TOWING2COMPANY TO RETAIN POSSESSION OF A MOTOR VEHICLE AND TO ENFORCE A3LIEN UPON THE VEHICLE FOR THE PRICE OF TOWING AND STORAGE; TO4BRING FORWARD SECTIONS 63-23-1, 63-23-3, 63-23-5, 63-23-7, 63-23-95AND 63-23-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A PROCEDURE6FOR REMOVING ABANDONED MOTOR VEHICLES FROM THE RIGHT-OF-WAY OF7PUBLIC STREETS, ROADS AND HIGHWAYS AND OTHER PUBLIC PROPERTY AND8FOR SELLING AND DISPOSING OF SUCH MOTOR VEHICLES BY AUTOMOBILE9DEALERS, WRECKER SERVICES, REPAIR SERVICE OWNERS OR PERSONS UPON10WHOSE PROPERTY SUCH MOTOR VEHICLES HAVE BEEN LEFT OR LAWFULLY11TOWED AT THE REQUEST OF A LAW ENFORCEMENT OFFICER; AND FOR RELATED12PURPOSES.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:14
SECTION 1.
Section 85-7-251, Mississippi Code of 1972, is15amended as follows:1685-7-251. (1) A towing company that tows a motor vehicle17upon the request of the owner of the vehicle, upon the direction18of a law enforcement officer or upon the request of a real19property owner upon whose property the vehicle has been left20without permission of the real property owner, upon complying with21the provisions of subsection (2) of this section, shall have a22lien upon the vehicle for the reasonable price of towing and23storage of the vehicle and shall be entitled to retain possession24of the motor vehicle until the price is paid. A towing company25that fails to make a good faith effort to comply with the26provisions of subsection (2) of this section shall not be entitled27to retain possession of the vehicle or to enforce a lien upon the28vehicle, but may commence an action in a court of competent29jurisdiction against the owner of the vehicle to recover the30reasonable price for towing and storage of the vehicle and such31
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other charges to which the towing company deems itself to be32lawfully entitled.33(2) The following procedure must be followed in order to34enforce the lien created under subsection (1) of this section:35Within twenty-four (24) hours after towing a vehicle, the towing36company shall report to the local law enforcement agency having37jurisdiction any vehicle that has been towed unless the vehicle38was towed at the request of the owner of the vehicle. If the39owner of a towed vehicle has not contacted the towing company40within five (5) business days of the initial tow, the towing41company shall obtain from the appropriate authority the names and42addresses of the owner and any lienholder. If the information43from the appropriate authority fails to disclose the owner or44lienholder, a good faith effort shall be made by the towing45company to determine ownership, including a check for tag46information, inspection sticker, or any papers in the vehicle that47may indicate ownership. Upon location of the owner and48lienholder, the towing company shall notify them at their last49known addresses by certified mail, return receipt requested,50postmarked no later than the tenth day following the initial tow,51informing them of the amount due for towing and storage and that52the vehicle will be sold unless the charges due and owing are53timely paid.
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If the vehicle has not been redeemed within54ten (10) days after the mailing of the certified letter, or within55five (5) days after the mailing of the certified letter if the56value of the vehicle in its present condition is less than Two57Hundred Dollars ($200.00), the towing company may commence sale of58the property at public auction after publishing for two (2)59consecutive weeks a notice of sale in the newspaper having60circulation in the county where the vehicle was initially towed.61The proceeds of the sale of such property in excess of the amount62needed to pay the towing, reasonable storage and necessary63expenses of the procedures required by this subsection shall be64
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held by the towing company for a period of six (6) months and, if65not claimed by the owner
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within such time, shall become the66property of the county and be paid to the chancery clerk of the67county in which the sale was held to be deposited into the county68general fund, subject, however, to any rights of the recorded69lienholder.70
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71
SECTION 2.
Section 63-23-1, Mississippi Code of 1972, is72brought forward as follows:7363-23-1. The intent of this chapter is to provide a means74for removing abandoned motor vehicles from the right-of-way and75open lands of the state to enhance the beauty of the countryside76and the health and welfare of its citizens. It is also to provide77a means of relieving automobile dealers, repairmen, and others78dealing in motor vehicles from unnecessary storage of deteriorated79cars which prevent the use of such floorspace or property for80storage for hire or use in their business, and is therefore in the81public interest.82
SECTION 3.
Section 63-23-3, Mississippi Code of 1972, is83brought forward as follows:8463-23-3. For the purposes of this chapter, an "abandoned85motor vehicle" shall mean a motor vehicle as defined by the86Mississippi Motor Vehicle Title Law:87(a) Which has been left by the owner, or some person88acting for the owner, with an automobile dealer, repairman or89wrecker service for repair or for some other reason and has not90been called for by such owner or other person within a period of91forty (40) days after the time agreed upon or within forty (40)92days after such vehicle is turned over to such dealer, repairman93or wrecker service when no time is agreed upon.94(b) Which is left unattended on a public street, road95or highway or other public property for a period of at least five96(5) days.97
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