Chapter 164

(House Bill 1177)

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.

Signed March 9, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.