34-18-21. Registration of guests at lodging establishment or campground--Contents and inspection of records.

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.

Source: SDC 1939, § 27.1709; SL 1963, ch 158, § 15; SL 1970, ch 199, § 10; SL 1994, ch 277, § 1; SL 1998, ch 243, § 2.



SDLRC - Codified Law 34-18-21 - Registration of guests at lodging establishment or campground--Contents and inspection of records.

34-18-21.1. Confidentiality of information obtained through inspection of records.

Information obtained by the department under the authority of § 34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law.

Source: SL 1994, ch 277, § 2.



SDLRC - Codified Law 34-18-21 - Registration of guests at lodging establishment or campground--Contents and inspection of records.

34-18-21.2. Review of requests for inspection of records.

In the event that a court is asked to review a request by the secretary for inspection pursuant to § 34-18-21, the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in this chapter. The court shall balance the business interests of the proprietor, the privacy interests of the guests and the enforcement interests of the secretary as it determines the extent to which the records shall be delivered to the secretary and determines the costs of such disclosures which shall be allocated to the secretary.

Source: SL 1994, ch 277, § 3.