South Dakota 2022 Regular Session

South Dakota House Bill HB1177

Introduced
1/27/22  
Refer
1/31/22  
Report Pass
2/2/22  
Engrossed
2/3/22  
Refer
2/4/22  
Report Pass
2/24/22  
Enrolled
2/28/22  

Caption

Establish provisions regarding ejection of persons from certain lodging establishments and recreational vehicle facilities.

Impact

The passage of HB 1177 would impact state laws related to property rights and the management of private lodging facilities. By outlining explicit reasons for ejection, it standardizes the procedures that these businesses can follow and provides clarity on the authority they hold over their patrons. This change may strengthen the position of lodging businesses in handling disruptive or problematic guests, contributing to a generally safer atmosphere for all patrons involved.

Summary

House Bill 1177 establishes specific provisions regarding the ejection of individuals from lodging establishments and recreational vehicle facilities. This legislation allows hotels, campgrounds, and RV parks to eject guests without refunding their rental payments for a variety of reasons, including nonpayment, disorderly conduct, unlawful activities, and breaches of facility rules. The intent of the bill is to enhance the authority of these establishments to manage their operations and ensure a safe environment for other guests.

Sentiment

The sentiment surrounding HB 1177 appears to be supportive among business owners and advocates who believe that it empowers lodging establishments to maintain order and safety. However, some concerns have also been raised regarding the potential for misuse of this authority. Critics argue that the bill could lead to arbitrary or unfair ejections, especially if enforcement is not properly regulated. The contrasting viewpoints reflect a tension between business autonomy and guest rights.

Contention

A notable point of contention relates to how broadly the grounds for ejection are defined. The bill allows for removal based on vague criteria like 'disorderly conduct' and 'violating rules,' which some opponents argue could be exploited to discriminate against certain groups. Additionally, there are concerns about the implications for individuals who may be ejected without sufficient cause or recourse, which raises questions about the balance between safeguarding business interests and protecting consumer rights.

Companion Bills

No companion bills found.

Previously Filed As

SD SB2082

Food and lodging establishments and assisted living facilities.

SD AB1162

Lodging establishments: personal care products: small plastic bottles.

SD S0606

Public Lodging and Public Food Service Establishments

SD H0535

Public Lodging and Public Food Service Establishments

SD HB1737

Lodging establishments; trespassing; crimes and punishment; landlord and tenant; effective date.

SD HB1737

Lodging establishments; trespassing; crimes and punishment; landlord and tenant; effective date.

SD HB152

Provides with respect to the exclusion or ejection of certain persons from gaming establishments

SD LD1928

An Act to Prohibit Lodging Establishments from Providing Single-use Plastic Containers

SD HB1725

Changes the laws regarding requirements of lodging establishments

SD SB626

Smoking tobacco in the workplace: transient lodging establishments.

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