AB 282 — Revises provisions governing benefits and protections for service members and the spouses of service members. (BDR 52-625)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

282282–Assemblyman AElliot SSEMBLYAnderson BCHAPTER.......... ILLN O.

282–A SSEMBLYMAN E LLIOT ANDERSON M ARCH 13, 2017 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing benefits and protections for service members and the spouses of service members.

(BDR 52-625) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiThe Counsel’sfederal Digest:Servicemembers Civil Relief Act (50 U.S.C.

The§§ federal3901 Servicememberset Civilseq.) Reliefauthorizes Actmembers (50of U.S.C.the military and members of certain other uniformed services who receive military orders to relocate for a period of at least 90 days to terminate a contract for cellular telephone service or telephone exchange service, without incurring certain penalties.

§§The 3901federal etAct seq.)further authorizesprovides memberscertain ofbenefits theto militarya andmember members of certainthe othermilitary uniformedor servicesa whoservice receivemember militarywho ordersresubscribes to relocatethe forterminated aservice periodwithin ofa atcertain leastperiod, 90including, dayswithout tolimitation, terminatethe aright contractto forretain cellularthe telephoneteleGenerally, servicethis orbill telephoneauthorizes exchange service, to a member of the military or a service member whoof resubscribes to the terminatedfits service within a certain period,other including,uniformed withoutservices limitation, the right to retainterminate, thesuspend telephoneor numberreinstate undera thecontract terminatedfor contract.certain services.

(50Section U.S.C.5 of this bill authorizes a service member to terminate or suspend a contract for membership in a health club and a contract for telecommunication service, Internet service or video service if the service member receives military orders for a permanent change of station or to deploy for a period of at least 30 days.

§If 3956) Generally, this bill authorizes a member of the military or a member of certain other uniformed services to terminate, suspend or reinstate a contract for certain a contract for membership in a health club and a contract for telecommunicationspend - *AB282_R1* – 2 – service, Internet service or video service if the service member receives military service orders for a permanent change ofcontracts. station or to deploy for a period of at least 30 days.

IfSection a5 servicefurther memberauthorizes receivesthe military service ordersmember for a permanent change of station, his or her spouse is authorized by section 5 to terminate ora suspendcontractuch such for cellular telephone service or telephone exchange service under theethe a contract circumstances set forth in the federal Servicemembers Civil Relief Act.

Section 7 of this bill prohibits a service provider from charging penalties or certain contractadditional pursuantcharges tobecause of the termination, suspension or reinstatement of a by a violation of this bill.bill to bring an action to recover damages or for declaratory or equitable relief;

Section 8 of this bill:

(1) authorizes a person injured by a violation of this bill to bring an action to recover damages or for declaratory or equitable relief;

and (2) obtain certain remedies in that action, including injunctive relief, a civil penalty of not more than $25,000 for a first violation and $50,000 for any subsequent violation, or restitution for the service member or the spouse of the service member, as applicable.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or - *AB282_R1* – 3 – (b) To deploy with a military unit, or as an individual in supportdays.rt of a military operation, for a period of not less than 30 days.2.

2.

- 79th Session (2017) – 3 – (c) Membership in a health club.

The service member or the spouse of a service member must provide written proof to the service provider of the official militaryrelocated serviceor ordersdeployed, showingas thatapplicable:the the service member has been relocated(a) orAt deployed,the astime applicable:written notice is given pursuant to subsection 1 or 2;

(a) At the time written notice is given pursuant to subsection 1 or 2;

(c) “Video service” means the provision of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service or other digital television service, whether provided as part - *AB282_R1* – 4 – of a tier, on-demand or on a per channel basis, without regard to the technology used to deliver the video service.

- 79th Session (2017) – 4 – Sec.

A service member or the spouse of a service member who terminates or suspends a contract for the provision of a service pursuant to section 5 of this act may, upon giving written notice to the service provider within 90 days after terminationapplicable, reinstate the provision of services:r deployment, as (a) If the service member’smember relocationwas relocated or deployment,deployed for not more than 12 consecutive months, on the same terms and conditions as applicable,originally reinstateagreed upon with the provisionservice ofprovider services:before the termination or suspension.

(a) If the service member was relocated or deployed for not more than 12 consecutive months, on the same terms and conditions as originally agreed upon with the service provider before the termination or suspension.

Is not liable for payment for any services after the effective date of the termination or suspension, and until the effective date of a reinstatement of services pursuant to section 6 of this act, if applicable.

- *AB282_R1* – 5 – Sec.

If the Attorney General has reason to believe that a person has violated, is violating or is about to violate any of the provisions of sections 2 to 9, inclusive, of this act, the Attorney General may institute an appropriate legal proceeding against the violated,person. is violating or is about to violate any of the provisions of sections 2 to 9, inclusive, of this act, may grant any of the following remedies, as appropriate:

The district court, upon a showing that the person has violated, is violating or is about to violate any of the provisions of - 79th Session (2017) – 5 – sections 2 to 9, inclusive, of this act, may grant any of the following remedies, as appropriate:

(a)(b) For aany firstsubsequent violation, $25,000;$50,000.

and (b) For any subsequent violation, $50,000.

H~~~~~ 17 - *AB282_R1*79th Session (2017)