H*3174(Rat #0149, Act #0081 of 1999)  General Bill, By Simrill
 A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING
 HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO
 THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF "CAMPGROUND".

   01/06/99  House  Prefiled
   01/06/99  House  Referred to Committee on Judiciary
   01/12/99  House  Introduced and read first time HJ-65
   01/12/99  House  Referred to Committee on Judiciary HJ-65
   01/27/99  House  Committee report: Favorable Judiciary HJ-4
   01/28/99  House  Read second time HJ-18
   01/28/99  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   01/29/99  House  Read third time and sent to Senate HJ-1
   02/02/99  Senate Introduced and read first time SJ-3
   02/02/99  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-3
   05/13/99  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-19
   05/18/99  Senate Amended SJ-15
   05/18/99  Senate Read second time SJ-15
   05/18/99  Senate Ordered to third reading with notice of
                     amendments SJ-15
   05/19/99  Senate Read third time and returned to House with
                     amendments SJ-24
   05/26/99  House  Concurred in Senate amendment and enrolled HJ-69
   06/09/99         Ratified R 149
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/28/99         Copies available
   07/28/99         Act No. 81

AN ACT TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF "CAMPGROUND".

Be it enacted by the General Assembly of the State of South Carolina:

Defrauding lodging accommodations; campground added; definition

SECTION 1. Section 45-1-50 of the 1976 Code is amended to read:

"Section 45-1-50. (A) A person who:

(1) obtains food, lodging or other service, or accommodation at any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant and intentionally absconds without paying for it; or

(2) while a guest at any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant, intentionally defrauds the keeper in a transaction arising out of the relationship as guest, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

(B) For purposes of this section prima facie evidence of intent to defraud is shown by:

(1) the second refusal of payment upon presentation when due and the return unpaid of any bank check or order for the payment of money given by a guest to any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant in payment of an obligation arising out of the relationship as guest. These facts also are prima facie evidence of an intent to abscond without payment;

(2) the failure or refusal of any guest at a hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant to pay, upon written demand, the established charge for food, lodging or other service, or accommodation;

(3) the giving of false information on a lodging registration form or the presenting of false or fictitious credentials for the purpose of obtaining lodging or credit;

(4) the drawing, endorsing, issuing, or delivering to any hotel, motel, inn, boarding or lodging house, campground, cafe, or restaurant of any check, draft, or order for payment of money upon any bank or other depository in payment for established charges for food, lodging, or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.

(C) For purposes of this section, 'campground' means land and facilities of camp character organized to provide a temporary outdoor living experience for individuals or groups which has membership affiliation in recognized national and state campground organizations or which is listed in a guidebook published with support in part by the Department of Parks, Recreation and Tourism."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.