SB 82 to prohibit certain deceptive acts and practices...
State of South Dakota
|
SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY,
1998
|
562B0340
|
SENATE COMMERCE COMMITTEE
ENGROSSED
NO.
SB82
-
1/23/98
|
Introduced by:
Senators Shoener, Flowers, Lawler, and Munson (David) and Representatives
Pederson (Gordon), Brown (Gary), Crisp, Davis, Duniphan, Roe, Schaunaman,
and Wick
|
FOR AN ACT ENTITLED, An Act
to prohibit certain deceptive acts and practices with regard
to lodging establishments and campgrounds and to require that certain records be kept.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
37-24-6
be amended to read as follows:
37-24-6.
It is a deceptive act or practice for any person to:
(1)
Knowingly and intentionally act, use
,
or employ any deceptive act or practice, fraud,
false pretense, false promises
,
or misrepresentation or to conceal, suppress, or omit
any material fact in connection with the sale or advertisement of any merchandise,
regardless of whether any person has in fact been mislead, deceived
,
or damaged
thereby;
(2)
Advertise price reductions without satisfying one of the following:
(a)
Including in the advertisement the specific basis for the claim of a price
reduction; or
(b)
Offering the merchandise for sale at the higher price from which the reduction
is taken for at least seven consecutive business days during the sixty-day
period prior to the advertisement.
Any person advertising consumer property or services in this state, which
advertisements contain representations or statements as to any type of savings claim,
including reduced price claims and price comparison value claims, shall maintain
reasonable records for a period of two years from the date of sale and advertisement,
which records shall disclose the factual basis for such representations or statements
and from which the validity of any such claim be established. However, these
reasonable record provisions do not apply to the sale of any merchandise which:
(a)
Is of a class of merchandise that is routinely advertised on at least a weekly
basis in newspapers, shopping tabloids
,
or similar publications; and
(b)
Has a sales price before price reduction that is less than fifteen dollars per
item;
(3)
Represent a sale of merchandise at reduced rates due to the cessation of business
operations and after the date of the first advertisement remain in business under the
same, or substantially the same, ownership or trade name, or continue to offer for
sale the same type of merchandise at the same location for more than one hundred
twenty days;
(4)
Give or offer a rebate, discount
,
or anything of value to an individual as an
inducement for selling consumer property or services in consideration of
his
giving
the names of prospective purchasers or otherwise aiding in making a sale to another
person, if the earning of the rebate, discount
,
or other thing of value is contingent
upon the occurrence of an event subsequent to the time the individual agrees to the
sale;
(5)
Engage in any scheme or plan for disposal or distribution of merchandise whereby
a participant pays a valuable consideration for the chance to receive compensation
primarily for introducing one or more additional persons into participation in the
planner's scheme or for the chance to receive compensation when the person
introduced by the participant introduces a new participant;
or
(6)
Send, deliver, provide, mail
,
or cause to be sent, delivered, provided
,
or mailed any
unordered consumer property or service, or any bill or invoice for unordered
consumer property or service provided
;
(7) Advertise a rate, price, or fee for a hotel, motel, campsite, or other lodging
accommodation which is not in fact available to the public under the terms
advertised. It is not a violation of this subdivision to establish contract rates which
are different than public rates;
(8) Charge a rate, price, or fee for a hotel, motel, campsite, or other lodging
accommodation which is different than the rate, price, or fee charged on the first
night of the guest's stay unless, at the initial registration of the guest, a written
notification of each price, rate, or fee to be charged during the guest's reserved
continuous stay is delivered to the guest and an acknowledgment of receipt of the
notice is signed by the guest and kept by the innkeeper for the same period of time
as is required by
§
34-18-21;
(9) Fail to promptly mail to a future guest a written confirmation of the date and rates of
reservations made for any accommodation at a hotel, motel, campsite, or other
lodging accommodation when a written request for confirmation is received from the
future guest; or
(10) Refuse to return or reverse the charge for a deposit upon any hotel, motel, campsite,
or other lodging accommodation which is canceled by the guest more than thirty days
before the date of the reservation. The innkeeper may establish a policy requiring a
longer time for notice of cancellation or a handling fee in the event of cancellation,
which may not exceed twenty-five dollars, if the policy is in writing and is delivered
or mailed to the guest at or near the making of the reservation
.
Each act in violation of this section is a Class 2 misdemeanor.
Any subsequent conviction
of an act in violation of this statute, which occurs within two years is a Class 1 misdemeanor.
Any subsequent conviction of an act in violation of this statute, which occurs within two years
of a conviction of a Class 1 misdemeanor pursuant to this statute, is a Class 6 felony.
Section
2.
That
§
34-18-21
be amended to read as follows:
34-18-21.
Each person conducting a lodging establishment or campground shall keep a
record of guests. Such a record may be kept in a register or on separate cards and shall be
opened for inspection and copying by the secretary of health for the purpose of protecting the
health or life of persons or for an emergency which may affect the public health. The inspection
and copying shall take place during business hours and shall be conducted by an authorized
department inspector after presentation of identification. The registry shall contain the name of
the guest, the number in the party, the place of permanent residence of the guest, the date of
registration, the date of departure, the daily rate charged, and the motor vehicle license number
of the registrant.
The record shall also include each rate, price, or fee charged to the guest for
the guest's stay at the lodging establishment or campground, as required by subdivision 37-24-
6(8).
These records shall be kept for a minimum of one year.
BILL HISTORY
1/17/98 First read in Senate and referred to Commerce.
S.J.
68
1/22/98 Scheduled for Committee hearing on this date.
1/22/98 Commerce Do Pass Amended, Passed, AYES 5, NAYS 1.
S.J.
161