SB 238

 26.47.18  101st Legislative Session  238
                                     2026 South Dakota Legislature
                                               Senate Bill 238
 Introduced by: Senator Rohl
1 An Act to authorize the removal of occupants from certain short-term lodging
2accommodations, and to provide a penalty therefor.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That a NEW SECTION be added to chapter 43-32:
5A hotel, campground, or RV park may eject an individual from the premises if the
6     individual fails to check out of the accommodation or fails to pay for the accommodation
7     by the scheduled check-out time.
8Prior to ejecting an individual from the premises, the hotel, campground, or RV
9     park shall, by electronic mail, text message, or printed paper, request the individual depart
10     from the premises. If an individual fails to depart from the premises within twenty-four
11     hours of receiving the request, the hotel, campground, or RV park may request a law
12     enforcement officer to remove the individual from the premises.
13An individual who refuses to depart from premises within twenty-four hours after
14     receiving the request after failing to check out of the accommodation or failing to pay for
15     the accommodation by the scheduled check-out time, in accordance with this section, is
16     guilty of a Class 1 misdemeanor.
17An individual wrongly ejected from an establishment premises may bring a civil
18     action for equitable relief, damages sustained, and reasonable attorney's fees.
                                                                                Underscores indicate new language.
                                                                              Overstrikes indicate deleted language.