South Carolina General Assembly
113th Session, 1999-2000

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Bill 3174


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 13, 1999

H. 3174

Introduced by Rep. Simrill

S. Printed 5/14/99--S.

Read the first time February 2, 1999.

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (H. 3174), to amend Section 45-1-50, Code of Laws of South Carolina, 1976, relating to a person who defrauds a hotel, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by deleting line 23 and inserting:

/campground organizations or which is listed in a guidebook/

Renumber sections to conform.

Amend title to conform.

J. VERNE SMITH, for Committee.

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'.

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

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

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

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

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

(B) Under 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 any a guest to any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant in payment of any an obligation arising out of such the relationship as guest. Such These facts shall also be deemed 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 of 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 and which is listed in a guidebook published with support in part by the Department of Parks, Recreation and Tourism."

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

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