22.605.11 97th Legislative Session 706

2022 South Dakota Legislature

House Bill 1177

ENROLLED

An Act

ENTITLED An Act to establish provisions regarding ejection of persons from certain lodging establishments and recreational vehicle facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 43-32 be amended with a NEW SECTION:

A hotel, campground, or RV park establishment may eject a person from the establishment premises, without return of the person's rental payment, as per the establishment's cancellation policy, for any of the following reasons:

(1) Nonpayment of the business's charges for accommodations or services;

(2) The person is engaged in disorderly conduct, as described in § 22-18-35, or has been the subject of complaints from other guests;

(3) The person is using the premises for an unlawful act;

(4) The person brought onto the premises any explosive or destructive device, as those terms are defined in § 22-1-2;

(5) The person is not a registered guest of the establishment;

(6) The person has exceeded the limitations for guest room or site occupancy established by the establishment;

(7) The person has obtained the accommodation under false pretenses;

(8) The person is a minor and is not under the supervision of the adult who has obtained the accommodation;

(9) The person has violated any federal, state, or local laws or regulations relating to the establishment; or

(10) The person has violated any rule of the business that is posted in a conspicuous place at or near the guest registration desk or inside each guest room, as applicable, of the establishment; except that no rule may authorize the establishment to eject or refuse or deny service in violation of chapter 20-13.

An Act to establish provisions regarding ejection of persons from certain lodging establishments and recreational vehicle facilities.

I certify that the attached Act originated in the:

House as Bill No. 1177

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1177

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2022 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2022

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2022

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State