SB2710 (COMMITTEE SUBSTITUTE) - 2000 Regular Session

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Municipalities; County Affairs

By: Senator(s) Horhn

Senate Bill 2710
(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE NEW CODE SECTION 17-25-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT CERTAIN MUNICIPALITIES FROM CHARGING AN IMPOUND OR TOWING FEE TO THE VICTIM OF A MOTOR VEHICLE THEFT UPON RECOVERY OF THE STOLEN VEHICLE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 17-25-1, Mississippi Code of 1972:

17-25-1. The governing authority of any municipality having a population in excess of one hundred fifty thousand (150,000), according to the latest decennial census, is prohibited from assessing any fee whatsoever to any owner of a motor vehicle either for impounding or storage of the vehicle or for towing charges when the owner retrieves the stolen vehicle within eight (8) working days after the postmarked date of written notification of the exact location of the vehicle mailed to the owner's last known address subsequent to recovery of the vehicle by law enforcement officers or other employees of the municipality, regardless of whether the towing or storage is performed by the municipality or by a private towing company under contract with the municipality. Any towing or storage provided by a private towing company under contract with the municipality shall be at the expense of the municipality.

Any such fees, however, may be assessed against any person subsequently convicted of the larceny or carjacking of the vehicle.

After the expiration of the eight-day grace period, the owner of the vehicle may be required to pay towing and impound fees to the municipality, and may receive amounts in restitution ordered against any person subsequently convicted of the larceny or carjacking of the vehicle incurring imposition of towing or storage charges.

Towing companies shall comply with all the requirements of Section 85-7-251, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.