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SENATE FLOOR VERSION
April 10, 2023
ENGROSSED HOUSE
BILL NO. 1737 By: Townley of the House
and
Montgomery of the Senate
An Act relating to lodging establishments ; amending
15 O.S. 2021, Section 508, which relates to ejection
of lodging guest; providing that after a lodg ing
establishment guest is ejected they are considered a
trespasser and not a guest; providing for removal of
ejected guests by police for trespass ing; amending 21
O.S. 2021, Section 1835, which relates to criminal
trespassing; providing that ejected lodgi ng guests
are considered to be criminally trespassing; amending
41 O.S. 2021, Section 104, which relates to
arrangements not covered by the Oklahom a Residential
Landlord Tenant Act; clarifying that transient
occupancy regardless of duration is exempt; prov iding
an effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2021, Section 508 , is
amended to read as f ollows:
Section 508. A. An innkeeper may eject a person from the
lodging establishment premises for any of the following:
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1. Nonpayment of the lodging establishment charges for
accommodations or services;
2. The minor individual is disorderly or visibl y intoxicated,
so as to create a public nuisance;
3. The innkeeper reasonably believes that the minor individual
is using the premises for unlawful purposes including, but not
limited to, the unlawful use or possession of controll ed substances
or for the consumption of alcohol by any person under the age of
twenty-one (21) years in violation of any statute, ordinance or
regulation;
4. Violations of any federal, state or local laws or
regulations relating to the lodging establishme nt; or
5. Violations of any rule of the lodging establishment which is
posted in a conspicu ous place and manner in the lodging
establishment, however, no such rule may authorize the innkeeper to
eject or to refuse or deny service or accommodations to a pe rson
because of race, cre ed, color, national origin, sex, disability or
marital status.
B. After an innkeeper informs a person that he or she is being
ejected for a reason stated in subsection A of this section the
person is now considered a trespasser an d not a guest of the lodging
establishment. If the person fails to vacate the lodging
establishment after being told of his or her ejection by the
innkeeper, the person shall be removed from the lodging
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establishment by law enforcement for trespassing pursuant to Section
1835 of Title 21 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1835, is
amended to read as follows:
Section 1835. A. Whoever shall willfully or maliciously enter
the garden, yard, pasture or field of another after being expressly
forbidden to do so or without permission by the owner or lawful
occupant thereof, or a person failing to leave lodging establishment
premises pursuant to Section 508 of Title 15 of the Oklahoma
Statutes, shall be deemed guilty of trespass and upon conviction
shall be punished by a fine of not more than Two Hundred Fifty
Dollars ($250.00); provided, that this provision shall not apply to
registered land surveyors and registered professional engineers for
the purpose of land surveying in the performance of their
professional services; and, provided further, that anyone who
willfully or maliciously enters any such garden, yard, pasture or
field, and therein c ommits or attempts to commit waste, theft or
damage shall be deemed guilty of a misdeme anor and upon conviction
shall be fined not less than Fifty Dollars ($50.00) nor more than
Five Hundred Dollars ($500.00), or by confinement in the county jail
for not less than thirty (30) days nor more than six (6) months, or
both such fine and imprisonm ent.
1. This provision shall not apply to:
a. peace officers as defined in Section 99 of this title,
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b. federal, state or local government employees engaged
in the performance of their duties,
c. firefighters, emergency medical pe rsonnel or public
utility employees engaged in addressing an emergency
that presents an imminent danger to health, safety or
the environment in the performance of their duties, or
d. parties engaged in oil and gas operations, which shall
include, without limitation, exploration, d rilling,
production and sales activities, under authority of
mineral ownership, an oil and gas lease, seismic
agreement or permit, gas gathering, purchase,
transportation or treating contracts, Corporation
Commission or other lawfu l authority from persons
entitled to give the same;
2. The provisions of this section shall not prohibit:
a. railroad employees and emergency equipment from
entering such land to restore rail s ervice following
an accident, derailment or natural disaster,
b. the entrance of utilit y employees or contractors while
acting in the scope of their employment, or
c. employees or contractors of valid easement or license
holders while acting in the scope o f their employment;
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3. The following persons may enter such l and of another unless
forbidden to do so, either orally or in writing, by the owner or
lawful occupier thereof:
a. registered land surveyors and registered professional
engineers for the purpose of land surveying in the
performance of their professional se rvices,
b. persons making a delivery, selling a product or
service, conducting a survey or poll, working on
behalf of a candidate for political office, or
c. persons who have a legitimate reason for entering and
who, immediately upon entering, seek to cond uct
business.
B. Anyone who willfully or maliciously enters any such land of
another and commits or attempts to commit waste, theft or damage
shall be deemed guilty of a misdemeanor and upon co nviction shall be
punished by imprisonment in the county jail for a term of not less
than thirty (30) days nor more than six (6) months, by a fine of not
less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by both such fine an d imprisonment.
C. No provisions of thi s section shall be construed to conflict
with Section 5-202 or 6-304 of Title 29 of the Oklahoma Statutes.
D. Whoever shall willfully enter the pecan grove of another
without the prior consent of the owner or occupa nt thereof to so do
shall be deemed guilty of trespass and upo n conviction shall be
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punished by a fine of not more than Twenty-five Dollars ($25.00);
provided, that anyone who willfully enters any such pecan grove and
therein commits or attempts to commit waste, theft or damage shall
be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for not more than six (6)
months, or by both such fine and imprisonment.
E. Whoever shall willfully or maliciously ente r upon property
owned or managed by the Grand River Dam Authority without permission
shall be deemed guilty of misdemeanor trespass and upon conviction
shall be punished by a fine of not more than Two Hundred Fifty
Dollars ($250.00); provided, that this pr ovision shall not apply t o
registered land surveyors and registered professional engineers for
the purpose of land surveying in the performance of their
professional services; and, provided furt her, that anyone who
willfully or maliciously enters upon prop erty owned or managed by
the Grand River Dam Authority without permission and therein commits
or attempts to commit waste, theft or damage shall be deemed guilty
of misdemeanor trespass and upon conviction shall be punished by a
fine of not less than Fifty Dollars ($50.00) nor mor e than Five
Hundred Dollars ($500.00), or by imprisonment in the county jail for
not less than thirty (30) days nor more than six (6) months, or by
both such fine and im prisonment.
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F. Any person who shall willfully or maliciousl y enter the
grounds of the Governor's Mansion within the State Capitol Park, as
defined in Section 1811.4 of Title 74 of the Oklahoma Statutes,
except at a place where entry to the property is n ormally expected,
shall be deemed guilty of a misdemeanor and upon conviction shall b e
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for not less than thirty (30)
days nor more than six (6) months , or by both such fine and
imprisonment.
SECTION 3. AMENDATORY 41 O.S. 2021, Section 104, is
amended to read as follows:
Section 104. Unless created to avoid the application of this
act, the following arrangements are not governed by this act:
1. Residence at an institution, public or priva te, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service;
2. Occupancy under a contract of sale or contract for deed of a
dwelling unit or of the property of which it is a part, if the
occupant is the purchaser o r a person who succeeds to his interest;
3. Occupancy by a member of a fraternal or social organization
in a structure operated for the benefit of the organization;
4. Transient occupancy in a hotel, motel or other similar
lodging regardless of the length of the stay;
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5. Occupancy by an owner of a condominium unit or a holder of a
proprietary lease in a cooperative; and
6. Occupancy under a rental agreement covering premises used by
the occupant primarily for agricultural purpos es.
SECTION 4. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 10, 2023 - DO PASS