HB456 Alabama 2019 Session

Existing law does not specifically provide a procedure for the operator of a recreational vehicle park to evict a guest of the park based on the conduct of the guest.

This bill would allow the operator of a recreational vehicle park to request a guest in the park to leave the park if the guest has a controlled substance, disturbs the peace and comfort of other persons who are in the park, damages the park, or fails to pay rent for use of the park and would provide the procedure for notifying a guest to leave the park.

This bill would provide criminal penalties for a person who fails to leave upon request.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to recreational parks; to allow the operator of a recreational vehicle park to request a guest in the park to leave the park for specified conduct; to provide the procedure for notifying a guest to leave the park; to provide criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.