Adopted

AMENDMENT NO 2 TO AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2328

BY: Representative Ford (54th)

AMEND by inserting the following language after the line 149 and renumbering the succeeding sections:

     "SECTION 5.  (1)  The owner and/or operating agent of a recreational vehicle park may refuse to provide accommodations, service or access to the premises to any person whose conduct on the premises of the park displays intoxication, profanity, lewdness, or brawling; who fails to make payment of rent at the rental rate agreed upon and by the time agreed upon; who indulges in such language or conduct as to disturb the peace, quiet enjoyment, or comfort of other guests; who engages in illegal or disorderly conduct; or whose conduct constitutes a nuisance or safety hazard.

     (2)  The owner and/or operating agent of a recreational vehicle park may request that a person who violates subsection (1) leave the premises immediately.  A person who refuses to leave the premises commits the offense of trespass, and the owner and/or operator may call a law enforcement officer to have the person and his or her property removed under the supervision of the officer.  It is the duty of such law enforcement officer, upon the request of such owner and/or operator, to remove from the premises or place under arrest any person who, according to the owner and/or operator, violated subsection (1).  If a warrant has been issued by the proper judicial officer for the arrest of any person who violates subsection (1), the officer shall serve the warrant, arrest the person, and take the person into custody.  Upon removal or arrest, with or without warrant, the person is deemed to have abandoned or given up any right to occupancy of the premises of the recreational vehicle park; and the operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by such person.  If conditions do not allow for immediate removal of the person's property, he or she may arrange a reasonable time, not to exceed forty-eight (48) hours, with the owner and/or operator to come remove the property, accompanied by a law enforcement officer.  If, after forty-eight (48) hours, the person has not removed his or her property, the owner and/or operator of the recreational vehicle park shall have the right to have the property removed.  A law enforcement officer shall not be liable for any claim involving the removal of the person or property from the recreational vehicle park under this section.

     (3)  Such refusal of accommodations, service, or access to the premises may not be based upon race, color, national origin, sex, physical disability, or creed."

AMEND title to conform.