Bill Text: MS HB1217 | 2024 | Regular Session | Introduced
Bill Title: Abandoned Motor Vehicle; revise to include landowners with proper representation for tax commission inquiries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1217 Detail]
Download: Mississippi-2024-HB1217-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representative Sanford
House Bill 1217
AN ACT TO AMEND SECTION 63-23-1, MISSISSIPPI CODE OF 1972, TO EXPAND THE INTENT OF THE ABANDONED MOTOR VEHICLES LAW TO PRIVATE LANDOWNERS; TO AMEND SECTION 63-23-3, MISSISSIPPI CODE OF 1972, TO INCLUDE VEHICLES LEFT UNATTENDED ON PRIVATE LANDS; TO AMEND SECTIONS 63-23-5 AND 63-23-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PRIVATE LANDOWNERS TO SELL ABANDONED MOTOR VEHICLES; TO BRING FORWARD SECTION 63-23-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR NOTIFICATION OF LIENHOLDERS OF ABANDONED VEHICLES, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 63-23-11, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE CLAIM OF AN ABANDONED VEHICLE BEFORE SALE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-23-1, Mississippi Code of 1972, is amended as follows:
63-23-1. The intent of this
chapter is to: (a) provide a means for removing abandoned motor
vehicles from the right-of-way and open lands of the state to enhance the
beauty of the countryside and the health and welfare of its citizens * * * ; (b) provide a means of
relieving automobile dealers, repairmen, and others dealing in motor vehicles
from unnecessary storage of deteriorated cars which prevent the use of such
floorspace or property for storage for hire or use in their business * * *; and
(c) provide a means for landowners to remove abandoned motor vehicles from their
property to preserve and enhance the value of the property, and is therefore in
the public interest.
SECTION 2. Section 63-23-3, Mississippi Code of 1972, is amended as follows:
63-23-3. For the purposes of this chapter, an "abandoned motor vehicle" shall mean a motor vehicle as defined by the Mississippi Motor Vehicle Title Law:
(a) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of forty (40) days after the time agreed upon or within forty (40) days after such vehicle is turned over to such dealer, repairman or wrecker service when no time is agreed upon.
(b) Which is left unattended on a public street, road or highway or other public property for a period of at least five (5) days.
(c) Which has been lawfully towed onto the property of another at the written request of a law enforcement officer and left there for a period of not less than forty (40) days without any one having made claim thereto.
(d) Which is left unattended on private property for a period of at least sixty (60) days.
SECTION 3. Section 63-23-5, Mississippi Code of 1972, is amended as follows:
63-23-5. (1) (a) Any
automobile dealer, wrecker service, or repair service owner, * * * any person or party on whose property a
motor vehicle is lawfully towed at the written request of a law enforcement
officer, or any landowner on whose private property a motor vehicle is left unattended,
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 private property or a public street, road or
highway.
(b) In addition to the authority provided in paragraph (a) of this subsection, a landowner on whose private property a motor vehicle is left unattended, may sell, free and clear of all claims such motor vehicle by private sale or otherwise dispose of the abandoned vehicle as authorized by law.
(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 or her premises and the date * * * the personal property or item was
sold.
(4) * * * (a) Except as otherwise provided for private
landowners, 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.
(b) The proceeds of the sale of an abandoned motor vehicle by a private landowner shall be the property of the private landowner.
SECTION 4. Section 63-23-7, Mississippi Code of 1972, is amended as follows:
63-23-7. (1) Prior
to disposition of an abandoned motor vehicle any automobile dealer, wrecker
service * * *,
repair service owner, * * *
any person on whose property such a vehicle is lawfully towed at the written
request of a law enforcement officer, or any attorney who represents a landowner
on whose private property a motor vehicle is left unattended shall inquire
of the State Tax Commission as to status of the vehicle in regard to the
Mississippi Motor Vehicle Title Law. Said inquiry shall provide the
description of the vehicle including the vehicle identification number. Upon
request of the State Tax Commission, satisfactory evidence must be furnished as
to abandonment in compliance with this chapter. Upon receipt of notification
of the foregoing, the State Tax Commission shall advise any automobile dealer,
wrecker service or repair service owner, * * * any person on whose property such a vehicle
is lawfully towed at the written request of a law enforcement officer, or any
attorney who represents a landowner on whose private property a motor vehicle is
left unattended of proper titling procedures, where indicated, depending
upon method of disposition of the vehicle.
(2) Any landowner on whose private property a motor vehicle is left shall be represented by an attorney for purposes of inquiries and receiving information under the provision of this section.
SECTION 5. Section 63-23-9, Mississippi Code of 1972, is brought forward as follows:
63-23-9. The last-known registered owner of an abandoned motor vehicle and all lienholders of record, when such information is reasonably obtainable, shall be notified by registered or certified mail that such vehicle will be sold pursuant to the provisions of this chapter. Said notice shall give such owner and lienholders the date, time and place of sale and name of the person or party who has custody of such vehicle.
If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by three publications once each week for three consecutive weeks in a newspaper of general circulation in the county where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this chapter.
SECTION 6. Section 63-23-11, Mississippi Code of 1972, is brought forward as follows:
63-23-11. Any person proving ownership or any lienholder may claim subject motor vehicle at any time prior to sale by paying towing, repair, storage and other necessary expenses incurred.
SECTION 7. This act shall take effect and be in force from and after July 1, 2024.
