| 1 | 1 | | 25 LC 47 3261 |
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| 2 | 2 | | House Bill 183 |
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| 3 | 3 | | By: Representatives Seabaugh of the 34 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Kelley of the 16 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Reeves of the 99 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Efstration |
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| 10 | 10 | | of the 104 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Crowe of the 118 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to rights, duties, and liabilities of innkeepers, so as to expand an innkeeper's liens to2 |
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| 20 | 20 | | cover property removed from a room by an innkeeper upon the termination of a guest's3 |
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| 21 | 21 | | contract; to provide procedures for innkeepers to eject persons under certain circumstances4 |
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| 22 | 22 | | from inns; to provide for sheriffs, constables, marshals, and other certified peace officers to5 |
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| 23 | 23 | | eject persons from such facilities under certain circumstances; to provide for the presumption6 |
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| 24 | 24 | | of an innkeeper-guest relationship; to provide for related matters; to repeal conflicting laws;7 |
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| 25 | 25 | | and for other purposes.8 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 27 | 27 | | SECTION 1.10 |
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| 28 | 28 | | Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to11 |
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| 29 | 29 | | rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,12 |
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| 30 | 30 | | relating to written statement of period of occupancy signed by guest, rights of innkeeper and13 |
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| 31 | 31 | | guest under contract, as follows:14 |
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| 32 | 32 | | H. B. 183 |
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| 33 | 33 | | - 1 - 25 LC 47 3261 |
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| 34 | 34 | | "43-21-3.2. |
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| 35 | 35 | | 15 |
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| 36 | 36 | | (a) |
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| 37 | 37 | | A written statement prominently setting forth in bold type the time period during which16 |
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| 38 | 38 | | a guest may occupy an assigned room, when separately signed or initialed by the guest, is17 |
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| 39 | 39 | | a valid nonassignable contract. At the expiration of such time period, the guest may be18 |
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| 40 | 40 | | restrained from entering such room and any property of the guest shall be subject to the19 |
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| 41 | 41 | | innkeeper's lien as provided for in Code Section 43-21-5 and may be removed by the20 |
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| 42 | 42 | | innkeeper to a secure place where the guest may recover his or her property upon payment21 |
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| 43 | 43 | | by such guest of all sums due for food, lodging, or other accommodation without liability22 |
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| 44 | 44 | | to the innkeeper, except for damages to or loss of such property attributable to its removal.23 |
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| 45 | 45 | | If a guest vacates his or her room prior to the date contained in the written statement, that24 |
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| 46 | 46 | | such guest shall not be liable for charges for the time after the room is vacated unless the25 |
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| 47 | 47 | | guest has agreed otherwise before occupying the room.26 |
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| 48 | 48 | | (b)(1) Any person on the premises at or after the expiration of the time period provided27 |
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| 49 | 49 | | for in subsection (a) of this Code section, whose occupancy has been terminated under 28 |
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| 50 | 50 | | Code Section 43-21-3.1, or who does not have a valid contract with the innkeeper shall29 |
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| 51 | 51 | | be subject to ejection from such premises.30 |
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| 52 | 52 | | (2) When the innkeeper, its agent, or its attorney in fact, shall subscribe an affidavit, in31 |
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| 53 | 53 | | writing, before any officer authorized to administer an oath setting forth that such32 |
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| 54 | 54 | | innkeeper, its agent, or its attorney in fact claims, in good faith, that the occupancy of a33 |
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| 55 | 55 | | guest has expired or otherwise terminated or the person does not have a valid contract and34 |
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| 56 | 56 | | refuses to vacate the premises, it shall be the duty of the sheriff, sheriff deputy, constable,35 |
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| 57 | 57 | | marshal, or other individual certified by the Georgia Peace Officer Standards and36 |
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| 58 | 58 | | Training Council of the county where the inn is located, upon receiving such affidavit,37 |
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| 59 | 59 | | to eject such person within five days of receiving such affidavit.38 |
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| 60 | 60 | | (3) In the event that a sheriff, sheriff deputy, constable, marshal, or other individual39 |
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| 61 | 61 | | certified by the Georgia Peace Officer Standards and Training Council of the county40 |
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| 62 | 62 | | where the inn is located is unable to effect such ejection within the time provided in41 |
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| 63 | 63 | | H. B. 183 |
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| 64 | 64 | | - 2 - 25 LC 47 3261 |
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| 65 | 65 | | paragraph (2) of this subsection, the innkeeper shall be entitled to utilize the services of42 |
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| 66 | 66 | | an off-duty sheriff, sheriff deputy, constable, marshal, or other individual certified by the43 |
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| 67 | 67 | | Georgia Peace Officer Standards and Training Council to eject such person.44 |
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| 68 | 68 | | (c) When an innkeeper furnishes accommodations to a guest on a day-to-day or45 |
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| 69 | 69 | | week-to-week basis, an innkeeper-guest relationship shall be presumed to exist regardless46 |
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| 70 | 70 | | of such guest's length of stay at such inn."47 |
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| 71 | 71 | | SECTION 2.48 |
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| 72 | 72 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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| 73 | 73 | | H. B. 183 |
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| 74 | 74 | | - 3 - |
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