Bill Summary for S 420 (2019-2020)

Summary date: 

Apr 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 420 (Public) Filed Thursday, March 28, 2019
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.
Intro. by Britt, Daniel.

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Bill 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).

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