House Bill 1312

AN ACT TO AMEND SECTIONS 75-73-9 AND 75-73-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A RECREATIONAL VEHICLE PARK SHALL BE TREATED THE SAME AS A HOTEL OR MOTEL FOR PURPOSES OF EJECTING A PERSON WHO REMAINS IN THE RECREATIONAL VEHICLE PARK AFTER HIS OR HER TERM OR STAY HAS EXPIRED; TO AMEND SECTIONS 75-73-15 AND 75-73-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-73-9, Mississippi Code of 1972, is amended as follows:

75-73-9. (1) Any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value less than Twenty-five Dollars ($25.00) at any hotel, motel, recreational vehicle park, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof, shall, upon conviction, be fined not less than Fifty Dollars ($50.00) and not exceeding Five Hundred Dollars ($500.00) or imprisoned in the county jail for a term not exceeding one (1) year, or both; but any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value of Twenty-five Dollars ($25.00) or over at any hotel, recreational vehicle park, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) and not exceeding One Thousand Dollars ($1,000.00) or imprisoned in the State Penitentiary for a term of one (1) year, or both. In case of a second and subsequent conviction of the offense described, regardless of the value of the food, lodging, money, property or other accommodations obtained, the punishment shall be by imprisonment in the State Penitentiary for a term of not exceeding two (2) years.

(2) (a) No person shall remain in a hotel * * * or, motel or recreational vehicle park where his or her term or stay has expired if the person has been given a separate written notice of his agreed departure date and checkout time at the time he or she registered in the hotel * * * or, motel or recreational vehicle park * * *, and the person has signed such notice acknowledging his or her departure time * * *. Willful violations of this subsection shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) and each violation shall be a separate offense. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.

(b) For the purposes of paragraph (a) of this subsection (2), "recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and includes travel trailers, fifth-wheel trailers, camping trailers, truck campers and motor homes.

SECTION 2. Section 75-73-13, Mississippi Code of 1972, is amended as follows:

75-73-13. (1) If any person be guilty of disorderly conduct or other conduct prohibited by law, or intoxication or any breach of the peace, or of the use of obscene or profane language on the premises of any hotel or recreational vehicle park, or if any person register at said hotel or recreational vehicle park under an assumed name, then the manager of said hotel or recreational vehicle park or anyone who is at the time acting as said manager or for said manager may eject said person or persons from said hotel or recreational vehicle park premises using only such force as may be necessary to accomplish the same, and may command the assistance of the employees of said hotel or recreational vehicle park to assist in said ejection and may cause any person violating the law to be detained and delivered to the proper authorities.

(2) (a) If a person who has been given written notice of his or her agreed departure and checkout time at the time he or she registered in the hotel * * * or, motel or recreational vehicle park * * *, and who has signed such notice acknowledging his or her checkout time, * * * remains in a hotel or motel room or recreational vehicle park after his or her term or stay has expired, the manager of the hotel * * * or, motel or recreational vehicle park or anyone who is at the time acting as said manager or for said manager may eject said person and other occupants and their personal belongings from * * *~~said~~ the hotel or motel premises or recreational vehicle park using the assistance of the appropriate lawful authority to accomplish the same. If the registered occupant is not present, the manager of the hotel * * * or, motel or recreational vehicle park, or the person acting as or for said manager, shall make and sign a written, itemized inventory of the personal belongings in the room before same shall be removed, which inventory shall also be signed, as witness thereto, by the lawful authority assisting such hotel * * * or, motel or recreational vehicle park manager. Such hotel * * * or, motel or recreational vehicle park manager shall use reasonable care to preserve and protect such personal belongings for a period not longer than ten (10) days. No action for damages, or otherwise, shall be maintainable against the owners, operators or managers of a hotel * * * or, motel or recreational vehicle park, or appropriate lawful authority for reasonable exercise of rights pursuant to Sections 75-73-9 and 75-73-13. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.

SECTION 3. Section 75-73-15, Mississippi Code of 1972, is amended as follows:

75-73-15. Keepers of hotels, recreational vehicle parks, inns, boarding houses and restaurants shall have a lien on the goods and personal baggage of their guests and boarders to secure the payment of any money due from them for board and lodging and hotel accommodations; and may enforce the same by a seizure and sale of such goods and baggage, as hereinafter provided.

SECTION 4. Section 75-73-17, Mississippi Code of 1972, is amended as follows:

75-73-17. If the charges when due are not paid within ten (10) days after demand therefor, such hotel, recreational vehicle park, inn, boarding house, or restaurant keeper, may, on giving ten (10) days' notice of the time and place of such sale by posting notice in two public places, one of which shall be in a public place in the hotel, recreational vehicle park, boarding house, inn or restaurant, where such personal baggage or goods are seized, sell such goods and baggage to the highest bidder for cash, and apply the proceeds to the expense of keeping such goods and baggage, and of the sale thereof, and to the satisfaction, in whole or in part, as the case may be, of said lien. The balance of such proceeds, if any there be, shall be paid over to the owner thereof on demand. The demand herein first provided for to be made by the keeper upon the owner for the charges due, may be in person, or by letter, or writing duly stamped, addressed and mailed to such owner to his address if known to such keeper or to the address appearing on the register of such hotel, recreational vehicle park, inn, boarding house or restaurant. The demand on the part of the owner for the residue or remainder shall be made within twelve (12) months from the date of sale of such goods or personal baggage. If not demanded within twelve (12) months after date of such sale, such residue or remainder shall be deposited with the chancery clerk of the county in which said hotel, recreational vehicle park, inn, boarding house, or restaurant is located, together with a statement of the proprietor of such hotel, recreational vehicle park, inn, boarding house or restaurant of the amount of the lien and costs in enforcing the same, together with a copy of the posted notice and the amount received from the sale of said property so sold at said sale. Said residue shall, by said chancery clerk, be credited to the general revenue fund of said county, subject to the right of said guest, or boarder, or their representatives to reclaim the same at any time within two years from and after the deposit of such residue with the said chancery clerk. Such sale shall be a perpetual bar to any action against said hotel, recreational vehicle park, inn, boarding house, or restaurant keeper for the recovery of such goods or baggage, or of the value thereof, or for any damage growing out of the failure of such guest to receive such goods or personal baggage.

SECTION 5. This act shall take effect and be in force from and after July 1, 2020.