Nonconsensual towing; prohibit and regulate for personal motor vehicles.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Tubb, Hawkins

HOUSE BILL NO. 1096

AN ACT TO REGULATE NONCONSENSUAL TOWING FOR PERSONAL MOTOR 1
VEHICLES; TO PROVIDE DEFINITIONS FOR THE ACT; TO CREATE THE 2
PERSONAL VEHICLE TOWING ADVISORY COMMITTEE; TO REQUIRE ALL 3
NONCONSENSUALLY TOWED VEHICLES IN MISSISSIPPI TO BE STORED IN 4
MISSISSIPPI; TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM RECEIVING 5
COMPENSATION FROM TOWING COMPANIES; REQUIRE CERTAIN DOCUMENTATION 6
BEFORE TOWING; TO PROHIBIT A TOWING OR RECOVERY SERVICE FROM USING 7
IMMOBILIZATION DEVICES; TO BRING FORWARD SECTIONS 85-7-251 AND 8
63-23-5, MISSISSIPPI CODE OF 1972, WHICH REGULATE ABANDONED 9
VEHICLES AND TOWING, FOR PURPOSES OF AMENDMENT; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. For the purposes of this act, the following terms 13
shall have the following meanings, unless context clearly provides 14
otherwise: 15
(a) "Motor vehicle" means any self-propelled or motored 16
device designed to be used or used primarily for the 17
transportation of passengers or property, or both, has a gross 18
vehicular weight rating less than fifteen thousand (15,000) 19
pounds, and is intended primarily for use and operation on public 20
roads and highways. 21
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(b) "Nonconsensual towing" means the moving, 22
transporting or recovery of a motor vehicle by a towing and 23
recovery service without the prior consent or authorization of the 24
owner or operator of the motor vehicle from private property 25
and/or by police-initiated towing. 26
(c) "Towing" means the moving, transporting or recovery 27
from public or private property, or from a storage facility of a 28
person's motor vehicle, the moving or removing of an unclaimed 29
motor vehicle, or the immobilization of or preparation for moving 30
or removing of the motor vehicle, for which a fee is charged 31
either directly or indirectly. 32
(d) "Towing and recovery service" means an individual 33
or business entity that provides towing and recovery services at 34
the direction of a law enforcement officer or private property 35
owner in exchange for a fee or charge. 36
(e) "Law enforcement officer" means any law enforcement 37
public servant and/or State Highway Patrol Officer. 38
(f) "Tow list" means a list of approved towing 39
companies compiled, maintained and utilized by a law enforcement 40
officer or his or her designee, and as authorized by the 41
Department of Public Safety to perform police-initiated towing 42
services of disabled or abandoned motor vehicles. 43
(g) "Police initiated towing" means towing of a motor 44
vehicle which was authorized, requested or dispatched by a law 45
enforcement officer. 46
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(h) "Vehicle immobilization device" means a mechanical 47
device that is designated or adapted to be attached to a wheel, 48
tire or other part of a parked motor vehicle to prohibit the 49
vehicle's usual manner of movement or operation. 50
(i) "Drop fee" means a fee that a towing and recovery 51
service charges to unhook a motor vehicle from a tow truck. 52
SECTION 2. (1) The Mississippi Department of Public Safety 53
shall create within the department a "Personal Motor Vehicle 54
Towing Advisory Committee". The Personal Motor Vehicle Towing 55
Advisory Committee shall consist of the following members: 56
(a) The Commissioner of the Mississippi Department of 57
Public Safety, or his or her designee; 58
(b) The Director of the Mississippi Highway Patrol, or 59
his or her designee; 60
(c) The President of the Mississippi Towing Association 61
and one (1) member appointed by the President of the Mississippi 62
Towing Association to represent the towing and recovery services 63
within the state; 64
(d) Two (2) members, appointed by the Chairman of the 65
Insurance Coalition of Mississippi, to represent the property and 66
casualty insurance industry within the state; 67
(e) One (1) member, appointed by the Mississippi 68
Association of Chiefs of Police, to represent the local police 69
jurisdictions. 70
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(2) Members of the Personal Vehicle Towing Advisory 71
Committee shall serve for a term of two (2) years. Members may 72
serve consecutive terms. Members shall serve without 73
compensation. 74
(3) At the first meeting, the Personal Vehicle Towing 75
Advisory Committee shall elect a chairperson from its membership 76
to serve for a term of two (2) years. A chairperson may serve 77
consecutive terms. 78
(4) The Personal Vehicle Towing Advisory Committee shall 79
hold its first meeting no later than September 1, 2026, at a time 80
and location within the state to be determined by the Commissioner 81
of Public Safety. Thereafter, meetings shall be held on dates and 82
at times and locations within the state and selected by the 83
chairperson in consultation with the other members or by the 84
Commissioner of Public Safety, if the most recent chairperson's 85
term has expired. 86
(5) The Personal Vehicle Towing Advisory Committee shall 87
keep and maintain a record of all proceedings of the Personal 88
Vehicle Towing Advisory Committee, and copies of all orders and/or 89
recommendations issued by the Personal Vehicle Towing Advisory 90
Committee. 91
SECTION 3. (1) The Personal Vehicle Towing Advisory 92
Committee shall: 93
(a) Establish regulations and standards for the 94
inclusion of a towing and recovery service on the tow list, 95
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including application procedures and minimum qualification 96
requirements; 97
(b) Establish statewide maximum towing and storage 98
rates for nonconsensual tows of motor vehicles, including those 99
from private property. The established maximum rates shall 100
include maximum rates for administrative fees, provided as 101
follows: 102
(i) A towing and recovery service may charge less 103
than, but may not charge more than the approved statewide rates; 104
(ii) The towing and recovery service shall not 105
charge or retain any fees not indicated by the committee for the 106
maximum rates for towing and storage of a motor vehicle after the 107
nonconsensual tow from private property; and 108
(iii) The statewide maximum towing and storage 109
rates for nonconsensual tows shall be reviewed annually. Market 110
fluctuations within the towing industry may be considered along 111
with current consensual towing market rates and their relationship 112
to nonconsensual towing rates. 113
(c) Publish a Towing Service Standard Manual, with 114
rules governing the use of towing and recovery services for 115
nonconsensually towing of motor vehicles no later than January 1, 116
2027. At a minimum, the rules shall include the following 117
provisions to: 118
(i) Establish the information required to be 119
included on any invoice associated with the towing of a motor 120
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vehicle, including, but not limited to, the requirements set forth 121
in Section 7 of this Act; 122
(ii) Establish factors that shall be considered in 123
determining whether a charge levied by a towing and recovery 124
service is fair, equitable, and reasonable; 125
(iii) Establish a process the committee shall use 126
to receive, investigate, and adjudicate complaints against a 127
towing and recovery service; 128
(iv) Establish a service charge dispute resolution 129
process that includes, at a minimum, provisions requiring 130
completion of a written complaint form, deadlines for initiating a 131
complaint after receiving an itemized invoice, deadlines for 132
responding to a complaint, cessation of storage fees during the 133
complaint resolution process, a hearing on the complaint, and 134
deadlines for issuing a formal decision adjudicating the service 135
charge dispute; 136
(v) Establish an appeals process for the appeal of 137
any determination or order of the committee under this subsection; 138
(vi) Establish a disciplinary procedure for 139
violations of the rules by the towing and recovery service, 140
including the suspension or removal of a towing and recovery 141
service from the tow list; and 142
(vii) Establish a process that the Department of 143
Public Safety may use to suspend or remove a towing and recovery 144
service from any tow list. 145
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(viii) Establish procedures for method of payment 146
for all fees due to a towing and recovery service, including 147
identifying the payor of fees. 148
(ix) Establish minimum hours of operation for a 149
towing and recovery service when a motor vehicle's owner or the 150
owner's designee may redeem the motor vehicle. 151
SECTION 4. (1) Any vehicle towed nonconsensually in 152
Mississippi must be stored in the State of Mississippi. 153
(2) Upon the nonconsensual towing and recovery of a motor 154
vehicle and movement of the motor vehicle to a storage facility, a 155
towing and recovery service shall allow an owner of a motor 156
vehicle or a designee of the owner of the motor vehicle to access 157
the vehicle in a reasonable manner as established by rules adopted 158
by the Personal Vehicle Towing Advisory Committee. The vehicle 159
owner and operator or the owner's designee may access and collect 160
any personal property contained in the vehicle, regardless of 161
whether any payment has been made for the towing and recovery 162
service charges. 163
(3) If there is no dispute as to the charges assessed by the 164
towing and recovery service for the nonconsensual towing of the 165
motor vehicle, the vehicle owner or operator or the owner's 166
designee shall pay the towing service invoice and the towing and 167
recovery service shall release the vehicle immediately. 168
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SECTION 5. In authorizing a towing and recovery service to 169
perform towing services, any law enforcement officer may utilize 170
the services of a tow list, provided: 171
(a) They are under no obligation to include or retain 172
the services of any towing and recovery service in any contract or 173
agreement with respect to any tow list established pursuant to 174
this subsection. A towing and recovery service is subject to 175
removal from a towing list at any time; 176
(b) An owner or operator of a motor vehicle may request 177
a specific towing and recovery service and that request shall be 178
honored by the law enforcement officer unless the requested towing 179
and recovery service cannot perform the requested towing and 180
recovery service or does not respond in a reasonable time, as 181
determined by the law enforcement officer. 182
(c) Any owner and/or operator of a towing and recovery 183
service having been convicted of a felony as defined by Sections 184
97-17-42 and 63-25-5 of the Mississippi Code shall not be added to 185
a tow list. 186
SECTION 6. (1) It shall be unlawful for: 187
(a) A law enforcement officer to: 188
(i) Receive compensation or receive any other 189
incentive, monetary or otherwise, to select a particular towing 190
and recovery service from the list; 191
(ii) Hold any financial interest in a towing and 192
recovery service; and 193
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(iii) Recommend any towing and recovery service in 194
the performance of his or her duties; 195
(b) Any member of the Personal Vehicle Towing Advisory 196
Committee or Department of Public Safety to receive compensation 197
from a towing and recovery service for the privilege of being 198
included on the tow list; 199
(c) A towing and recovery service to pay money or other 200
valuable consideration for the privilege of nonconsensual towing 201
of motor vehicles; 202
(d) A towing and recovery service to employ or 203
otherwise compensate individuals, commonly referred to as 204
"spotters," whose primary task is to report the presence of 205
unauthorized, improperly, or illegally parked motor vehicles for 206
the purpose of towing or removal and storage; and 207
(2) Nonconsensual tows for unauthorized, illegally parked 208
motor vehicles on private property must be performed by 209
Mississippi-based towers. Towed vehicles must be stored within 210
the State of Mississippi. 211
SECTION 7. (1) (a) Before a towing and recovery service 212
connects a motor vehicle to a tow truck for a nonconsensual tow, 213
and unless ordered otherwise by a law enforcement officer for 214
exigent public safety reasons, the towing and recovery service 215
shall document the motor vehicle's condition and the reason for 216
the tow by: 217
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(i) Taking at least four (4) photographs of the 218
vehicle, with at least one (1) photograph taken from the front, 219
one (1) photograph taken from the rear, one (1) photograph taken 220
from the driver's side and one (1) taken from the passenger's 221
side. These photographs must: 222
1. Show the entire vehicle from the required 223
angle; and 224
2. Have the vehicle fill at least 225
three-fourths (3/4) of the photograph, measured from side to side. 226
(ii) Taking a photograph that shows the reason the 227
vehicle is being towed nonconsensually. The photograph must show 228
the portion of the vehicle in relation to the reason, including 229
any sign that the vehicle was towed. 230
(b) Upon demand of the owner or operator of the motor 231
vehicle or the owner's designee, the Department of Public Safety 232
or the Personal Vehicle Towing Advisory Committee, the towing and 233
recovery service shall provide copies of any possible photographs. 234
(c) A towing and recovery service's failure to produce 235
the photographs shall create a rebuttable presumption that the 236
towing and recovery service did not have the authority to tow a 237
vehicle from either a private property owner or operator or a law 238
enforcement officer. 239
(2) Before a towing and recovery service connects a motor 240
vehicle to a tow truck for a nonconsensual tow, the towing and 241
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recovery service shall have authorization to nonconsensually tow a 242
motor vehicle. Authorization shall be found if: 243
(a) A law enforcement officer requests a law 244
enforcement-initiated tow and requests that a towing and recovery 245
service from the tow list provide towing; or 246
(b) The towing and recovery service has received 247
written permission to tow the motor vehicle from the owner or 248
operator of the private property. 249
(3) In order for the towing and recovery service to conduct 250
a nonconsensual tow, the owner of the private property must have 251
posted signage visible and facing the driver at each entryway into 252
the property stating that vehicles parked on the property without 253
authorization or inappropriately or illegally parked are subject 254
to being towed. The sign must also contain the international 255
towing symbol no smaller than four (4) inches by four (4) inches 256
and be permanently mounted in a position that is no lower than 257
five (5) feet and no higher than eight (8) feet. 258
For purposes of this subsection, the term "private property" 259
shall not include a single-family residence, farm, or similar 260
property for which signage would not be practicable. 261
(4) The towing and recovery service shall not assess a drop 262
fee to release the motor vehicle after the vehicle is hooked up to 263
the tow truck but before the vehicle is removed from the private 264
property. 265
(5) The towing and recovery service shall: 266
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(a) Accept an original or a copy of any of the 267
following documents as evidence of a person's interest in a motor 268
vehicle: 269
(i) An electronic title; 270
(ii) A paper title; 271
(iii) A contract between a lender and the owner of 272
the motor vehicle; 273
(iv) A contract between a lessor and the lessee of 274
the motor vehicle; 275
(v) A written agreement evidencing that the person 276
is an agent of the motor vehicle's owner, lienholder, or insurance 277
company. 278
(b) Not require any documents listed in paragraph (a) 279
to be notarized. 280
(c) Accept one (1) form of current government-issued 281
photo identification to verify the identity of the motor vehicle's 282
owner or his or her designee. 283
(6) A towing and recovery service must retain for all 284
records created, generated, or produced for all motor vehicles 285
recovered, towed, stored, or released for 3 (3) years. Such 286
records must include at least all of the following: 287
(a) All notice publications and certified mailings. 288
(b) The purchase price of any unclaimed motor vehicle 289
sold. 290
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(c) The names and addresses of persons to which motor 291
vehicles were released. 292
(d) The names and addresses of motor vehicle 293
purchasers. 294
(e) All fees imposed under this section, including the 295
itemized invoice required by paragraph (7)(c). 296
(7) (a) A towing and recovery service must maintain a rate 297
sheet listing all fees for, or incidental to, the recovery, 298
removal, or storage of a motor vehicle and must: 299
(i) Post the rate sheet at its place of business; 300
(ii) Make the rate sheet available upon request of 301
a motor vehicle, lienholder, insurance company, or their agent; 302
and 303
(iii) Prior to attaching a motor vehicle to a tow 304
truck, furnish the rate sheet to the motor vehicle owner or 305
operator, if the owner or operator is present at the scene of the 306
disabled motor vehicle. 307
(b) Any fee charged in excess of those established by 308
the Personal Vehicle Towing Advisory Committee and listed on the 309
rate sheet required under this subsection is deemed unreasonable. 310
(c) An itemized invoice of actual fees charged by a 311
towing and recovery service for a completed tow must be produced 312
and be available to the motor vehicle owner, lienholder, insurance 313
company, or their agent no later than one (1) business day after: 314
(i) The tow is completed; or 315
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(ii) The towing and recovery service has obtained 316
all necessary information to be included on the invoice, including 317
any charges submitted by subcontractors used by the towing and 318
recovery service to complete the tow and recovery whichever is 319
later. 320
(d) In addition to the information required in Section 321
7(1)(a), the itemized invoice required under subsection (c) must 322
contain all of the following information: 323
(i) The date and time the motor vehicle was towed; 324
(ii) The location to which the motor vehicle was 325
towed; 326
(iii) The name, address, and telephone number of 327
the towing and recovery service; 328
(iv) A description of the towed motor vehicle, 329
including the color, make, model, model year, and vehicle 330
identification number of the motor vehicle; 331
(v) The license plate number and state of 332
registration for the towed motor vehicle; 333
(vi) The cost of the initial towing and recovery; 334
(vii) The cost of any storage fees, expressed as a 335
daily rate; 336
(viii) Other fees, including administrative fees, 337
motor vehicle search fees, fees for hazardous material and 338
nonhazardous material cleanup, and fees for labor; and 339
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(ix) A list of the services that were performed 340
under a warranty or that were otherwise performed at no cost to 341
the owner of the motor vehicle. 342
(e) Any service performed or fee charged in addition to 343
those described in sub-paragraphs (7)(d)(6) or (7) must be set 344
forth on the itemized invoice required by paragraph (7)(c) 345
individually as a single line item that includes an explanation 346
and the exact amount charged for the service or the exact amount 347
of the fee. 348
(f) A towing and recovery service must make the 349
itemized invoice required by paragraph (7)(c) available for 350
inspection and copying no later than forty-eight (48) hours after 351
receiving a written request for inspection from: 352
(i) A law enforcement agency; 353
(ii) The Attorney General; 354
(iii) A city attorney, county attorney, or the 355
prosecuting attorney having jurisdiction in the location of any of 356
the towing and recovery service's business locations; 357
(iv) The motor vehicle's owner, lienholder, 358
insurance company, or their agent; or 359
(v) If the motor vehicle was involved in a 360
collision, any individual involved in the underlying collision or 361
the insurance company for any individual involved in the 362
underlying collision. 363
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SECTION 8. A towing and recovery service shall not use 364
vehicle immobilization devices except under the direction of law 365
enforcement. 366
SECTION 9. Section 85-7-251, Mississippi Code of 1972, is 367
brought forward as follows: 368
85-7-251. (1) The owner of a motor vehicle that has been 369
towed at his request or at the direction of a law enforcement 370
officer, or towed upon request of a real property owner upon whose 371
property a vehicle has been left without permission of the real 372
property owner, shall be liable for the reasonable price of towing 373
and storage of such vehicle; and the towing company to whom the 374
price of such labor and storage costs may be due shall have the 375
right to retain possession of such motor vehicle until the price 376
is paid. 377
(2) Within twenty-four (24) hours, the towing company shall 378
report to the local law enforcement agency having jurisdiction any 379
vehicle that has been towed unless the vehicle was towed at the 380
request of the owner of the vehicle. If the owner of a towed 381
vehicle has not contacted the towing company within five (5) 382
business days of the initial tow, the towing company shall obtain 383
from the appropriate authority the names and addresses of any 384
owner and lienholder. If the information from the appropriate 385
authority fails to disclose the owner or lienholder, a good faith 386
effort shall be made by the towing company to locate ownership, 387
including a check for tag information, inspection sticker, or any 388
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papers in the vehicle that may indicate ownership. Upon location 389
of the owner and lienholder, the towing company shall notify them 390
by registered mail of the amount due for towing, postmarked no 391
later than the tenth day following the initial tow. If such 392
amount shall not be paid within thirty (30) days from the initial 393
tow, the towing company to whom such charges are payable shall 394
notify by certified mail any legal owner and holder of any lien, 395
as disclosed by the motor vehicle title records or other 396
investigation, of notice of sale of the property. If such 397
property has not been redeemed within ten (10) days after the 398
mailing of the certified letter, the towing company may commence 399
sale of the property at public auction. The towing company shall 400
publish for two (2) consecutive weeks a notice of sale in the 401
newspaper having circulation in the county where the vehicle was 402
initially towed. The proceeds of the sale of such property in 403
excess of the amount needed to pay the towing, reasonable storage 404
and necessary expenses of the procedures required by this section 405
shall be held by the towing company for a period of six (6) 406
months, and, if not reclaimed by the owner thereof within such 407
time, shall become the property of the county and be paid to the 408
chancery clerk of the county in which the sale was held to be 409
deposited into the county general fund, subject, however, to any 410
rights of the recorded lienholder. 411
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(3) The failure to make a good faith effort to comply with 412
the requirements of this section shall preclude the imposition of 413
any storage charges or towing charges against the towed vehicle. 414
(4) Every towing company shall maintain accurate records for 415
a period of three (3) years, which records shall identify the 416
vehicles it has towed and stored and all procedures that it has 417
taken to comply with the provisions of this chapter. 418
SECTION 10. Section 63-23-5, Mississippi Code of 1972, is 419
brought forward as follows: 420
63-23-5. (1) Any automobile dealer, wrecker service, or 421
repair service owner, or any person or party on whose property a 422
motor vehicle is lawfully towed at the written request of a law 423
enforcement officer, who shall have an abandoned motor vehicle on 424
his property, may sell, free and clear of all claims such motor 425
vehicle by public auction, or if the abandoned motor vehicle has 426
no market value, may dispose of the same after having received at 427
least two (2) written statements from licensed automobile dealers 428
as to the worthlessness of such motor vehicle and after compliance 429
with subsection (2) of this section and Section 63-23-9. An 430
abandoned motor vehicle as defined by Section 63-23-3(b) shall not 431
be sold at auction until thirty (30) days from date of removal 432
from a public street, road or highway. 433
(2) The person authorized to execute the sale or disposal of 434
an abandoned motor vehicle shall notify, within ten (10) days of 435
receipt of such vehicle, any Mississippi lienholder on such 436
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vehicle that unless a claim on the vehicle is made within thirty 437
(30) days of such notice, the vehicle will be sold or destroyed. 438
(3) After the sale of any vehicle as set out hereinabove is 439
made, the person or officer designated and making the sale of such 440
property shall promptly upon completion of the sale deliver to the 441
chancery clerk a list or itemization of the property sold, the 442
amount paid for each item, the person to whom each item was sold, 443
and all monies received from such sale, the gross charges levied 444
by the person making the sale against the property sold and the 445
net amount paid over to the chancery clerk. Any sale made by any 446
person, officer, corporation or association, shall have attached 447
to the report of sale a sworn statement certifying as to the date 448
such personal property or items sold first came into his 449
possession or was abandoned on his premises and the date said 450
personal property or item was sold. 451
(4) The proceeds of the sale in excess of repair, towing and 452
storage expenses and all expenses incurred in connection with a 453
sale when a sale is made under the provisions of this chapter, 454
shall escheat to the county and shall be paid over to the chancery 455
clerk to be placed into the general fund of the county in which 456
the vehicle is abandoned. However, in those municipalities 457
availing themselves of the provisions of Section 21-39-21, the 458
proceeds of the sale in excess of the repairs, towing, storage or 459
other necessary expenses incurred shall escheat to the general 460
fund of the municipality. 461
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ST: Nonconsensual towing; prohibit and regulate
for personal motor vehicles.
SECTION 11. This act shall take effect and be in force from 462
and after July 1, 2026. 463