Oklahoma 2023 Regular Session

Oklahoma House Bill HB1737 Compare Versions

Version 1 (Old)

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3	34		BILL NO. 1737 By: Townley of the House
4	35
5	36		and
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7	38		Montgomery of the Senate
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14	45		An Act relating to lodging establishments ; amending
15	46		15 O.S. 2021, Section 508, which relates to ejection
16	47		of lodging guest; providing that after a lodg ing
17	48		establishment guest is ejected they are considered a
18	49		trespasser and not a guest; providing for removal of
19	50		ejected guests by police for trespass ing; amending 21
20	51		O.S. 2021, Section 1835, which relates to criminal
21	52		trespassing; providing that ejected lodgi ng guests
22	53		are considered to be criminally trespassing; amending
23	54		41 O.S. 2021, Section 104, which relates to
24	55		arrangements not covered by the Oklahom a Residential
25	56		Landlord Tenant Act; clarifying that transient
26	57		occupancy regardless of duration is exempt; prov iding
27	58		an effective date.
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33		-	SUBJECT: Lodging establishments
34	64
35	65		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
36		-
37	66		SECTION 1. AMENDATORY 15 O.S. 2021, Section 508 , is
38	67		amended to read as f ollows:
39		-
40	68		Section 508. A. An innkeeper may eject a person from the
41	69		lodging establishment premises for any of the following:
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43	97		1. Nonpayment of the lodging establishment charges for
44	98		accommodations or services;
45		-	ENR. H. B. NO. 1737 Page 2
46	99		2. The minor individual is disorderly or visibl y intoxicated,
47	100		so as to create a public nuisance;
48		-
49	101		3. The innkeeper reasonably believes that the minor individual
50	102		is using the premises for unlawful purposes including, but not
51	103		limited to, the unlawful use or possession of controll ed substances
52	104		or for the consumption of alcohol by any person under the age of
53	105		twenty-one (21) years in violation of any statute, ordinance or
54	106		regulation;
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56	107		4. Violations of any federal, state or local laws or
57	108		regulations relating to the lodging establishme nt; or
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59	109		5. Violations of any rule of the lodging establishment which is
60	110		posted in a conspicu ous place and manner in the lodging
61	111		establishment, however, no such rule may authorize the innkeeper to
62	112		eject or to refuse or deny service or accommodations to a pe rson
63	113		because of race, cre ed, color, national origin, sex, disability or
64	114		marital status.
65		-
66	115		B. After an innkeeper informs a person that he or she is being
67	116		ejected for a reason stated in subsection A of this section the
68	117		person is now considered a trespasser an d not a guest of the lodging
69	118		establishment. If the person fails to vacate the lodging
70	119		establishment after being told of his or her ejection by the
71	120		innkeeper, the person shall be removed from the lodging
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72	148		establishment by law enforcement for trespassing pursuant to Section
73	149		1835 of Title 21 of the Oklahoma Statutes.
74		-
75	150		SECTION 2. AMENDATORY 21 O.S. 2021, Section 1835, is
76	151		amended to read as follows:
77		-
78	152		Section 1835. A. Whoever shall willfully or maliciously enter
79	153		the garden, yard, pasture or field of another after being expressly
80	154		forbidden to do so or without permission by the owner or lawful
81	155		occupant thereof, or a person failing to leave lodging establishment
82	156		premises pursuant to Section 508 of Title 15 of the Oklahoma
83	157		Statutes, shall be deemed guilty of trespass and upon conviction
84	158		shall be punished by a fine of not more than Two Hundred Fifty
85	159		Dollars ($250.00); provided, that this provision shall not apply to
86	160		registered land surveyors and registered professional engineers for
87	161		the purpose of land surveying in the performance of their
88	162		professional services; and, provided further, that anyone who
89	163		willfully or maliciously enters any such garden, yard, pasture or
90		-	field, and therein c ommits or attempts to commit waste, theft or ~~ENR. H. B. NO. 1737 Page 3~~
	164	+	field, and therein c ommits or attempts to commit waste, theft or
91	165		damage shall be deemed guilty of a misdeme anor and upon conviction
92	166		shall be fined not less than Fifty Dollars ($50.00) nor more than
93	167		Five Hundred Dollars ($500.00), or by confinement in the county jail
94	168		for not less than thirty (30) days nor more than six (6) months, or
95	169		both such fine and imprisonm ent.
	170	+	1. This provision shall not apply to:
	171	+	a. peace officers as defined in Section 99 of this title,
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97		-	1. This provision shall not apply to:
98		-
99		-	a. peace officers as defined in Section 99 of this title,
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101	199		b. federal, state or local government employees engaged
102	200		in the performance of their duties,
103		-
104	201		c. firefighters, emergency medical pe rsonnel or public
105	202		utility employees engaged in addressing an emergency
106	203		that presents an imminent danger to health, safety or
107	204		the environment in the performance of their duties, or
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109	205		d. parties engaged in oil and gas operations, which shall
110	206		include, without limitation, exploration, d rilling,
111	207		production and sales activities, under authority of
112	208		mineral ownership, an oil and gas lease, seismic
113	209		agreement or permit, gas gathering, purchase,
114	210		transportation or treating contracts, Corporation
115	211		Commission or other lawfu l authority from persons
116	212		entitled to give the same;
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118	213		2. The provisions of this section shall not prohibit:
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120	214		a. railroad employees and emergency equipment from
121	215		entering such land to restore rail s ervice following
122	216		an accident, derailment or natural disaster,
123		-
124	217		b. the entrance of utilit y employees or contractors while
125	218		acting in the scope of their employment, or
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127	219		c. employees or contractors of valid easement or license
128	220		holders while acting in the scope o f their employment;
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130	248		3. The following persons may enter such l and of another unless
131	249		forbidden to do so, either orally or in writing, by the owner or
132	250		lawful occupier thereof:
133		-	ENR. H. B. NO. 1737 Page 4
134	251		a. registered land surveyors and registered professional
135	252		engineers for the purpose of land surveying in the
136	253		performance of their professional se rvices,
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138	254		b. persons making a delivery, selling a product or
139	255		service, conducting a survey or poll, working on
140	256		behalf of a candidate for political office, or
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142	257		c. persons who have a legitimate reason for entering and
143	258		who, immediately upon entering, seek to cond uct
144	259		business.
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146	260		B. Anyone who willfully or maliciously enters any such land of
147	261		another and commits or attempts to commit waste, theft or damage
148	262		shall be deemed guilty of a misdemeanor and upon co nviction shall be
149	263		punished by imprisonment in the county jail for a term of not less
150	264		than thirty (30) days nor more than six (6) months, by a fine of not
151	265		less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
152	266		($500.00), or by both such fine an d imprisonment.
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154	267		C. No provisions of thi s section shall be construed to conflict
155	268		with Section 5-202 or 6-304 of Title 29 of the Oklahoma Statutes.
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157	269		D. Whoever shall willfully enter the pecan grove of another
158	270		without the prior consent of the owner or occupa nt thereof to so do
159	271		shall be deemed guilty of trespass and upo n conviction shall be
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160	299		punished by a fine of not more than Twenty-five Dollars ($25.00);
161	300		provided, that anyone who willfully enters any such pecan grove and
162	301		therein commits or attempts to commit waste, theft or damage shall
163	302		be deemed guilty of a misdemeanor and upon conviction shall be
164	303		punished by a fine of not more than Five Hundred Dollars ($500.00),
165	304		or by imprisonment in the county jail for not more than six (6)
166	305		months, or by both such fine and imprisonment.
167		-
168	306		E. Whoever shall willfully or maliciously ente r upon property
169	307		owned or managed by the Grand River Dam Authority without permission
170	308		shall be deemed guilty of misdemeanor trespass and upon conviction
171	309		shall be punished by a fine of not more than Two Hundred Fifty
172	310		Dollars ($250.00); provided, that this pr ovision shall not apply t o
173	311		registered land surveyors and registered professional engineers for
174	312		the purpose of land surveying in the performance of their
175	313		professional services; and, provided furt her, that anyone who
176	314		willfully or maliciously enters upon prop erty owned or managed by
177	315		the Grand River Dam Authority without permission and therein commits
178		-	or attempts to commit ~~was te~~, theft or damage shall be deemed guilty ~~ENR. H. B. NO. 1737 Page 5~~
	316	+	or attempts to commit waste, theft or damage shall be deemed guilty
179	317		of misdemeanor trespass and upon conviction shall be punished by a
180	318		fine of not less than Fifty Dollars ($50.00) nor mor e than Five
181	319		Hundred Dollars ($500.00), or by imprisonment in the county jail for
182	320		not less than thirty (30) days nor more than six (6) months, or by
183	321		both such fine and im prisonment.
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185	349		F. Any person who shall willfully or maliciousl y enter the
186	350		grounds of the Governor's Mansion within the State Capitol Park, as
187	351		defined in Section 1811.4 of Title 74 of the Oklahoma Statutes,
188	352		except at a place where entry to the property is n ormally expected,
189	353		shall be deemed guilty of a misdemeanor and upon conviction shall b e
190	354		punished by a fine of not more than Five Hundred Dollars ($500.00),
191	355		or by imprisonment in the county jail for not less than thirty (30)
192	356		days nor more than six (6) months , or by both such fine and
193	357		imprisonment.
194		-
195	358		SECTION 3. AMENDATORY 41 O.S. 2021, Section 104, is
196	359		amended to read as follows:
197		-
198	360		Section 104. Unless created to avoid the application of this
199	361		act, the following arrangements are not governed by this act:
200		-
201	362		1. Residence at an institution, public or priva te, if
202	363		incidental to detention or the provision of medical, geriatric,
203	364		educational, counseling, religious or similar service;
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205	365		2. Occupancy under a contract of sale or contract for deed of a
206	366		dwelling unit or of the property of which it is a part, if the
207	367		occupant is the purchaser o r a person who succeeds to his interest;
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209	368		3. Occupancy by a member of a fraternal or social organization
210	369		in a structure operated for the benefit of the organization;
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212	370		4. Transient occupancy in a hotel, motel or other similar
213	371		lodging regardless of the length of the stay;
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215	399		5. Occupancy by an owner of a condominium unit or a holder of a
216	400		proprietary lease in a cooperative; and
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218	401		6. Occupancy under a rental agreement covering premises used by
219	402		the occupant primarily for agricultural purpos es.
220		-
221	403		SECTION 4. This act shall become effective November 1, 2023.
222		-	ENR. H. B. NO. 1737 Page 6
223		-	Passed the House of Representatives the 13th day of March, 2023.
224		-
225		-
226		-
227		-
228		-	Presiding Officer of the House
229		-
230		-	of Representatives
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233		-	Passed the Senate the 25th day of April, 2023.
234		-
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237		-
238		-	Presiding Officer of the Senate
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241		-
242		-	OFFICE OF THE GOVERNOR
243		-	Received by the Office of the Governor this ____________________
244		-	day of ___________________, 20_______, at _______ o'clock _______ M.
245		-	By: _________________________________
246		-	Approved by the Governor of the State of Oklahoma this _________
247		-	day of ___________________, 20_______, at _______ o'clock _______ M.
248		-
249		-
250		-	_________________________________
251		-	Governor of the State of Oklahoma
252		-
253		-	OFFICE OF THE SECRETARY OF STATE
254		-	Received by the Office of the Secretary of State this ___ _______
255		-	day of ___________________, 20_______, at _______ o'clock _______ M.
256		-	By: _________________________________
	404	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
	405	+	April 10, 2023 - DO PASS