House Bill 18

AN ACT TO AMEND SECTION 85-7-251, MISSISSIPPI CODE OF 1972, TO REQUIRE TOWING COMPANIES TO RECORD CERTAIN INFORMATION FROM ANY PERSON WHO REQUESTS THE COMPANY'S SERVICES; TO BRING FORWARD SECTION 63-23-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ABANDONED MOTOR VEHICLES, FOR PURPOSES OF AMENDMENT; 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) (a) No motor vehicle may be towed except by request of the owner of the motor vehicle, at the direction of a law enforcement officer, by request of a real property owner upon whose property the motor vehicle has been left.

(b) All towing companies shall record, upon receipt of any request to tow a motor vehicle, the name, phone number and/or email address of the person who made the request, and whether the such request was made by the owner of the motor vehicle, a law enforcement officer or the owner of the property from which the motor vehicle is being towed. Failure of a tow company to record the information required by this paragraph shall result in a waiver of all storage and towing fees described in this section, unless the company can prove that the request for towing was made by the owner of the motor vehicle.

(c) Except as otherwise provided in paragraph (1)(b) of this section, the owner of a motor vehicle that has been towed at his or her 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 * * *, 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 such 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 and shall provide the information required by paragraph (1)(b) of this section, 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. 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. 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 property. 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 property 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) The failure to make a good faith effort to comply with the requirements of this section shall * * *~~preclude~~ prohibit the imposition of any storage charges or towing charges against the towed vehicle.

(4) 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 the name, phone number and/or email address of the person who made the request, and whether the such request was made by the owner of the motor vehicle, a law enforcement officer or the owner of the property from which the motor vehicle was towed and all procedures that it has taken to comply with the provisions of this chapter.

SECTION 2. Section 63-23-5, Mississippi Code of 1972, is brought forward as follows:

63-23-5. (1) Any automobile dealer, wrecker service, or repair service owner, or any person or party on whose property a motor vehicle is lawfully towed at the written request of a law enforcement officer, who shall have an abandoned motor vehicle on his property, may sell, free and clear of all claims such motor vehicle by public auction, or if the abandoned motor vehicle has no market value, may dispose of the same after having received at least two (2) written statements from licensed automobile dealers as to the worthlessness of such motor vehicle and after compliance with subsection (2) of this section and Section 63-23-9. An abandoned motor vehicle as defined by Section 63-23-3(b) shall not be sold at auction until thirty (30) days from date of removal from a public street, road or highway.

(2) The person authorized to execute the sale or disposal of an abandoned motor vehicle shall notify, within ten (10) days of receipt of such vehicle, any Mississippi lienholder on such vehicle that unless a claim on the vehicle is made within thirty (30) days of such notice, the vehicle will be sold or destroyed.

(3) After the sale of any vehicle as set out hereinabove is made, the person or officer designated and making the sale of such property shall promptly upon completion of the sale deliver to the chancery clerk a list or itemization of the property sold, the amount paid for each item, the person to whom each item was sold, and all monies received from such sale, the gross charges levied by the person making the sale against the property sold and the net amount paid over to the chancery clerk. Any sale made by any person, officer, corporation or association, shall have attached to the report of sale a sworn statement certifying as to the date such personal property or items sold first came into his possession or was abandoned on his premises and the date said personal property or item was sold.

(4) The proceeds of the sale in excess of repair, towing and storage expenses and all expenses incurred in connection with a sale when a sale is made under the provisions of this chapter, shall escheat to the county and shall be paid over to the chancery clerk to be placed into the general fund of the county in which the vehicle is abandoned. However, in those municipalities availing themselves of the provisions of Section 21-39-21, the proceeds of the sale in excess of the repairs, towing, storage or other necessary expenses incurred shall escheat to the general fund of the municipality.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.