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Bill 3174

                    Current Status

Bill Number:                      3174
Ratification Number:              149
Act Number:                       81
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Simrill
All Sponsors:                     Simrill
Drafted Document Number:          l:\council\bills\bbm\10034som99.doc
Date Bill Passed both Bodies:     19990526
Date of Last Amendment:           19990518
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Lodging accommodations, unlawful to 
                                  defraud keeper of campground; Property, Hotels 
                                  and Motels


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A81
------  19990611  Signed by Governor
------  19990609  Ratified R149
House   19990526  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990519  Read third time, returned to House
                  with amendment
Senate  19990518  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19990518  Committee amendment adopted
Senate  19990513  Committee report: Favorable with       12 SLCI
                  amendment
Senate  19990202  Introduced, read first time,           12 SLCI
                  referred to Committee
House   19990129  Read third time, sent to Senate
House   19990128  Read second time, unanimous
                  consent for third reading on 
                  Friday, 19990129
House   19990127  Committee report: Favorable            25 HJ
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19990106  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
Revised on January 27, 1999 - Word format
Revised on May 13, 1999 - Word format
Revised on May 18, 1999 - Word format

(A81, R149, H3174)

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.

This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.