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.
Bill H 484 (2017-2018)Summary date: Apr 6 2017 - More information
Bill H 484 (2017-2018)Summary date: Mar 27 2017 - More information
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 ofmilitary servicebeyond 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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