A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 45-2-65 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OPERATOR OF ANY RECREATIONAL VEHICLE PARK MAY HAVE ANY TRANSIENT GUEST OF THE PARK REMOVED, AND TO PROVIDE GUIDELINES FOR REMOVAL OF THE GUEST.

 

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

 

SECTION 1.  Chapter 2, Title 45 of the S.C. Code is amended by adding:

 

    Section 45-2-65. (A)(1) The operator of any recreational vehicle park may remove or cause to be removed, in the manner provided in this section, any transient guest of the park who, while on the premises of the park:

           (a) illegally possesses or deals in a controlled substance, as defined by Chapter 53 of Title 44;

           (b) disturbs the peace, quiet enjoyment, or comfort of other persons;

           (c) violates the posted park rules and regulations; or

           (d) fails to make payment of rent at the agreed rental rate and by the agreed time.

       (2) The admission of a person to, or the removal of a person from, any recreational vehicle park may not be based on race, color, national origin, sex, physical disability, or creed.

    (B) The operator of any recreational vehicle park shall notify the guest that the park no longer desires to entertain the guest and shall request that the guest immediately depart from the park. Notice must be given in writing, as follows: "You are hereby notified that this recreational vehicle park no longer desires to entertain you as a guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State." If such guest has paid in advance, then the park, at the time notice is given, shall tender to the guest the unused portion of the advance payment. Any guest who remains or attempts to remain in the park after being requested to leave commits a misdemeanor and must be punished by a fine not to exceed three hundred dollars or by imprisonment for not more than thirty days; or both.

    (C) If a guest has accumulated an outstanding account in excess of an amount equivalent to three nights' rent at a recreational vehicle park, then the operator may disconnect all utilities of the recreational vehicle and notify the guest that the action is for the purpose of requiring the guest to confront the operator or permittee and arrange for payment of the guest's account. This arrangement must be in writing, and a copy must be furnished to the guest. Upon entering into the agreement, the operator shall reconnect the utilities of the recreational vehicle.

    (D) If any person is illegally on the premises of any recreational vehicle park, then the operator of the park may call upon any law enforcement officer of this State for assistance. It is the duty of law enforcement officers, upon the request of an operator, to remove from the premises or place under arrest any guest who, according to the park operator, violated subsection (A) or (B). If a warrant has been issued by the proper judicial officer for the arrest of any guest who violates subsection (A) or (B), then the officer shall serve the warrant, and the guest is considered to have abandoned or given up any right to occupy the premises of the recreational vehicle park. The operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by the guest and shall refund any unused portion of moneys paid by the guest for the occupancy of the premises. If conditions do not allow for immediate removal of the guest's property, then the guest may arrange a reasonable time, not to exceed forty-eight hours, with the operator to come remove the property, accompanied by a law enforcement officer.

    (E) In addition to the grounds for ejection otherwise established by law, grounds for ejection may be established in a written lease agreement between a recreational vehicle park operator or permittee and a recreational vehicle park guest.

 

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

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