SERVICEMEMBERS CIVIL RELIEF ACT.

View NCGA Bill Details2017-2018 Session
Senate Bill 405 (Public) Filed Monday, March 27, 2017
AN ACT TO ENACT THE NORTH CAROLINA SERVICEMEMBERS CIVIL RELIEF ACT.
Intro. by Britt.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 28 2017)

Bill History:

S 405

Bill Summaries:

  • Summary date: Mar 27 2017 - More information

    Identical to H 484, filed 3/27/17.

    Enacts new Article 4 (Servicemembers Civil Relief Act) in GS Chapter 127B, consisting of new GS 127B-25 through GS 127B-33.

    Expands the definition of military service beyond its definition in the federal Servicemembers Civil Relief Act, 50 USC s. 3911(2), to include State active duty by a member of the North Carolina National Guard, under an order of the Governor, for a period of more than 30 consecutive days, and State active duty by members of other states' National Guard under an order of that state's Governor, for a period of more than 30 consecutive days. Applies the federal Servicemembers Civil Relief Act to servicemembers engaged in military service, as defined in this Article. Requires servicemembers who are the defined National Guard members under the expanded definition in this statute to give a person a written or electronic copy of an order to military service for that person to be subject to the remedies or penalties of this Article. Extends the rights and protections of the contract-termination provisions of this Act, described below, and of USC Title 50, Chapter 50, Subtitle 2 (Rent, Installment Contracts, Mortgages, Liens, Assignment, Leases, Telephone Service Contracts) to dependents of servicemembers engaged in military service. Authorizes servicemembers to terminate contracts for telecommunication, internet, television, or satellite radio service at any time after the date the servicemember receives an order to relocate for a period of military service of at least 90 days to a location that does not support the contract, without any early termination charge, or unusual or uncustomary resubscription fees, and with a refund for any fee paid for service that extends beyond the termination date of the contract. Provides a notice requirement, and provides that unpaid obligations at the time of termination remain the obligation of the servicemember. Authorizes the Attorney General or any aggrieved servicemembers to commence a civil action against persons who violate this Act, and provides remedies for their respective suits. Authorizes the court to assess a civil penalty of up to $5,000 in a case brought by the Attorney General, and court costs in cases brought by aggrieved servicemembers. Supercedes any agreement that reduces, limits, or eliminates any right or benefit under this Article.

    Enacts GS 127A-65 to direct the North Carolina National Guard to post a list of rights a servicemember or servicemember's dependent has under the state and federal Servicemembers Civil Relief Acts on its website.

    Effective October 1, 2017, and applies to contracts entered into, renewed, or modified on or after that date.


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