Bill Summary for H 484 (2017-2018)

Summary date: 

Apr 6 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 484 (Public) Filed Monday, March 27, 2017
AN ACT TO ENACT THE NORTH CAROLINA SERVICEMEMBERS CIVIL RELIEF ACT.
Intro. by G. Martin, Grange.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Changes the definition of dependent provided in proposed GS 127B-27 to define the term as (1) the servicemember's spouse, (2) the servicemember's child as defined in 50 USC 3911(4), or (3) an individual for whom the servicemember provided more than one-half of the individual's support for 180 days immediately preceding an application for relief under new Article 4 (previously, defined the term only as defined in 50 USC 3911(4)).

Adds military order to the terms defined in proposed GS 127B-27. Defines the term to mean official military orders, or any notification, certification, or verification from the servicemember's commanding officer, with respect to the servicemember's current or future military duty status. Adds that in the case of the NC National Guard, the term order includes an order from the Governor pursuant to GS Chapter 127A, and in the case of the member of the National Guard of another state, includes an order from the governor of another state.

Changes the definition of servicemember provided in proposed GS 127B-27 to define the term to mean a member in military service as defined in subdivision (3) of the statute (previously, defined the term to be as defined in 50 USC 3911(1)).

Makes conforming change to proposed GS 127B-28.

Deletes proposed GS 127B-29, providing for dependent's rights and protections. Makes conforming changes to modify the statute numbers for the remaining proposed statutes of new Article 4.

Specifies that a civil action that can be commenced by the Attorney General under proposed GS 127B-30 (previously numbered GS 127B-31) includes actions under GS Chapter 75 (Monopolies, Trusts, and Consumer Protection). Adds to the remedies that a court can provide under the new statute any other remedy provided under GS Chapter 75. Enacts new GS 127B-33 to establish that a violation of new Article 4 is an unfair and deceptive trade practice for purposes of GS Chapter 75 (previously placed in proposed GS 127B-32, now numbered GS 127B-31, establishing a private right of action).

Adds a severability clause. 

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