AN ACT TO ENACT THE NORTH CAROLINA SERVICEMEMBERS CIVIL RELIEF ACT AND TO CLARIFY THAT NO MEMBER OF THE NORTH CAROLINA NATIONAL GUARD SHALL BE FORCED TO USE ANY VACATION OR OTHER LEAVE FROM HIS OR HER CIVILIAN EMPLOYMENT FOR A PERIOD OF ACTIVE SERVICE. SL 2019-161. Enacted July 25, 2019. Effective July 25, 2019, except as otherwise provided.
Bill Summaries: S420 NC SERVICEMEMBERS CIVIL RELIEF ACT.
Summary date: Jul 29 2019 - View Summary
Summary date: Jun 27 2019 - View Summary
House committee substitute to the 2nd edition makes the following changes to proposed Article 4, North Carolina Servicemembers Civil Relief Act, of GS Chapter 127B.
Concerning the rights provided to servicemembers to extend residential lease agreements which expire while the servicemember is engaged in State active duty or service under an order of the governor of another state that is similar, clarifies that the provisions apply to servicemembers who are members of the NC National Guard, or who are members of the National Guard of another state and reside in this state. Makes further technical and clarifying changes.
Makes conforming deletions to GS 42-45 regarding early termination of rental agreements by certain military personnel, surviving members, or lawful representatives, which is now covered under proposed Article 4 of GS Chapter 127B, thereby limiting the scope of GS 42-45 to military technicians.
Summary date: Apr 30 2019 - View Summary
Senate committee substitute to the 1st edition makes the following changes to proposed Article 4, North Carolina Servicemembers Civil Relief Act, of GS Chapter 127B.
Now defines military service to include State active duty under an order of the Governor pursuant to GS Chapter 127A rather than GS Chapter 127B for a period of more than 30 consecutive days for members of the North Carolina National Guard.
Concerning the State policy established to prohibit penalizing servicemembers who terminate certain service contracts after the servicemember receives an order to relocate for a period of military service to a location that does not support the contract, specifies that the service provider determines whether the location supports the contract. Now requires the servicemember's notice of termination to state the effective date of the termination. Requires service providers to give the servicemember written, electronic, or oral notice of the servicemember's rights upon termination of the contract (was, written or electronic notice of the rights posted on the National Guard's website).
Eliminates the proposed prohibition against evicting a servicemember while the member is engaged in military service or within 14 days after service terminates. Eliminates the proposed provision that held a servicemember not liable for any penalty or fee arising from failure to vacate a residence if service prevents the member from removing possessions from the residence. Concerning allowing a lease agreement expiring while the member is engaged in military service to be extended by the member to terminate 10 days after the members's service terminates, requires the servicemember to provide written or electronic notice to the landlord or the landlord's representative prior to extending the lease. Limits the scope of proposed provisions regarding residential lease agreements and penalties and fees to servicemembers on active duty under an order of a US Governor for any period of time, who is current on all rents and security deposits and in good standing regarding the lease. Specifies that the statute does not relieve the servicemember of the obligation to pay rent, fees, dues, or other monies required in the lease agreement on time and in full.
Makes knowing violations of the Article an unfair or deceptive trade practice (previously did not specify a mental element).
Summary date: Mar 28 2019 - View Summary
Identical to H 523, filed 3/28/19.
Enacts new Article 4 (North Carolina Servicemembers Civil Relief Act) in GS Chapter 127B. States that the purpose of the Article is to incorporate into State law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act and to extend those rights, benefits, and protections to members of the North Carolina National Guard serving on State active duty and to members of the National Guard of other states serving on state active duty who reside in North Carolina.
Defines military order as 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 service. For members of the North Carolina National Guard, this term includes an order from the Governor pursuant to GS Chapter 127A, and, in the case of a member of the National Guard of another state, this term includes an order from the governor of that state. Defines military service as: (1) as defined in 50 USC § 3911; (2) in the case of a member of the North Carolina National Guard, State active duty under an order of the Governor pursuant to this Chapter, for a period of more than 30 consecutive days; (3) in the case of a member of the National Guard of another state, service under an order of the governor of that state that is similar to State active duty, for a period of more than 30 consecutive days.
Provides that the rights, benefits, and protections of the federal Servicemembers Civil Relief Act apply to a service member engaged in military service to the extent the service materially affects the servicemember's ability to comply with his or her obligations. 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.
Prohibits evicting a servicemember while the member is engaged in military service or within 14 days after service terminates. If service prevents the member from removing possessions from the residence, provides that the servicemember is not liable for any penalty or fee arising from failure to vacate the residence. Allows a lease agreement expiring while the member is engaged in military service to be extended by the member to terminate 10 days after the members's service terminates.
Violations of the Article are an unfair or deceptive trade practice.
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 and attorneys' fees in cases brought by aggrieved servicemembers. Supercedes any agreement that reduces, limits, or eliminates any right or benefit under this Article.
Recodifies GS 127A-41.1 as GS 127B-31 and deletes existing provisions and replaces it with the following. Allows, at any stage of any civil action or proceeding in which a service member engaged in military service is a party, a court to stay the action or proceeding on its own motion and requires staying the action or proceeding on application by the servicemember or a person acting on the member's behalf unless the member's ability to litigate is not materially affected by his or her military service. Applies during the servicemember's military service and within 60 days after service terminates.
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 Act on its website. Effective October 1, 2019, and applies to contracts entered into, renewed, or modified on or after that date.
Amends GS 127A-111 to clarify that a no member of the NC National Guard can be forced to use (was, forced to exhaust) any of his or her vacation or accrued leave from his or her civilian employment for a period of active service.