Bill Text: CA AB2562 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 2562 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Military service: benefits.

Spectrum: Unknown

Status: (Passed) 2016-09-13 - Chaptered by Secretary of State - Chapter 332, Statutes of 2016. [AB2562 Detail]

Download: California-2015-AB2562-Introduced.html

BILL NUMBER: AB 2562	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Veterans Affairs

                        FEBRUARY 19, 2016

   An act to amend Sections 800 and 803 of the Military and Veterans
Code, relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2562, as introduced, Committee on Veterans Affairs. Military
service: benefits.
   Existing law authorizes a reservist, as defined, who is called to
active duty on and after January 1, 2014, to defer payments on
mortgages, credit cards, retail installment accounts and contracts,
real property taxes and assessments, vehicle leases, and obligations
owed to utility companies, for the period of active duty plus 60
calendar days, or 180 days, whichever is the lesser, as specified.
Existing law authorizes similar provisions to a reservist who was
called to active duty before January 1, 2014, as a part of the Iraq
and Afghanistan conflicts.
   This bill would delete references to the date a reservist is
called to active duty, in both the definition of a reservist and the
payment deferral provisions, thereby making the above-described
benefits available to any reservist who otherwise meets the
definition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 800 of the Military and Veterans Code is
amended to read: 
   800.  (a) (1) Subject to subdivision (b), in addition to any other
benefits provided by law and to the extent permitted by federal law,
any member of the United States Military Reserve or the National
Guard of this state who is called to active duty after the enactment
of this chapter and before January 1, 2014, as a part of the Iraq and
Afghanistan conflicts may defer payments on any of the following
obligations while serving on active duty:
   (A) An obligation secured by a mortgage or deed of trust.
   (B) Credit card as defined in Section 1747.02 of the Civil Code.
   (C) Retail installment contract as defined in Section 1802.6 of
the Civil Code.
   (D) Retail installment account, installment account, or revolving
account as defined in Section 1802.7 of the Civil Code.
   (E) Up to two vehicle loans. For purposes of this chapter,
"vehicle" means a vehicle as defined in Section 670 of the Vehicle
Code.
   (F) Any payment of property tax or any special assessment of
in-lieu property tax imposed on real property that is assessed on
residential property owned by the reservist and used as that
reservist's primary place of residence on the date the reservist was
ordered to active duty.
   (2) Subject 
    800.    (a)     Subject  to
subdivision (b), in addition to any other benefits provided by law
and to the extent permitted by federal law, a reservist who is called
to active duty  on and after January 1, 2014,  may
defer payments on any of the following obligations while serving on
active duty: 
   (A) 
    (1)  An obligation secured by a mortgage or deed of
trust. 
   (B) 
   (2)   Credit card   Credit Card,
 as defined in Section 1747.02 of the Civil Code. 
   (C) 
    (3)  Retail installment  contract  
contract,  as defined in Section 1802.6 of the Civil Code.

   (D) 
    (4)  Retail installment account, installment account, or
revolving  account   account,  as defined
in Section 1802.7 of the Civil Code. 
   (E) 
    (5)  Up to two vehicle loans. For purposes of this
chapter, "vehicle" means a vehicle as defined in Section 670 of the
Vehicle Code. 
   (F) Any 
    (6)     A  payment of property tax or
any special assessment of in-lieu property tax imposed on real
property that is assessed on residential property owned by the
reservist and used as that reservist's primary place of residence on
the date the reservist was ordered to active duty. 
   (G)  Any 
    (7)     An  obligation owed to a
utility company.
   (b) (1) In order for an obligation or liability of a reservist to
be subject to the provisions of this chapter, the reservist or the
reservist's designee shall deliver to the obligor both of the
following:
   (A) A letter signed by the reservist, under penalty of perjury,
requesting a deferment of financial obligations.
   (B) A copy of the reservist's activation or deployment order and
any other information that substantiates the duration of the service
member's military service.
   (2) If required by a financial institution, proof that the
reservist's employer does not provide continuing income to the
reservist while the reservist is on active military duty, including
the reservist's military pay, of more than 90 percent of the
reservist's monthly salary and wage income earned before the call to
active duty.
   (c) Upon request of the reservist or the reservist's dependent or
designee and within five working days of that request, if applicable,
the employer of a reservist shall furnish the letter or other
comparable evidence showing that the employer's compensation policy
does not provide continuing income to the reservist, including the
reservist's military pay, of more than 90 percent of the reservist's
monthly salary and wage income earned before the call to active duty.

   (d) The deferral period on financial obligations shall be the
lesser of 180 days or the period of active duty plus 60 calendar days
and shall apply only to those payments due subsequent to the notice
provided to a lender as provided in subdivision (b). In addition, the
total period of the deferment shall not exceed 180 days within a
365-day period.
   (e) If a lender defers payments on a closed end credit obligation
or an open-end credit obligation with a maturity date, pursuant to
this chapter, the lender shall extend the term of the obligation by
the amount of months the obligation was deferred.
   (f) If a lender defers payments on an open-end credit obligation
pursuant to this chapter, the lender may restrict the availability of
additional credit with respect to that obligation during the term of
the deferral.
  SEC. 2.  Section 803 of the Military and Veterans Code is amended
to read: 
   803.  (a) Before January 1, 2014, for purposes of this chapter,
"reservist" means a member of the United States Military Reserve or
National Guard of this state called to active duty as a result of the
Iraq conflict pursuant to the Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Public Law 107-243) or the
Afghanistan conflict pursuant to Presidential Order No. 13239.
   (b) On and after January 1, 2014, for purposes of this chapter:

    803.    The following definitions apply for purposes
of this chapter:  
   (1) 
    (a)  "Reservist" means either of the following: 

   (A) 
    (1)  A member of the militia, as defined in Section 120,
called or ordered into state military service pursuant to Section
143 or Section 146, or in federal or state military service pursuant
to Title 10 or Title 32 of the United States Code. 
   (B) 
    (2)  A reservist of the United States Military Reserve
who has been ordered to full-time federal active duty by the
President of the United States pursuant to Title 10 of the United
States Code. 
   (2) 
    (b)  "Military service" means either of the following:

   (A) 
    (1)  Full-time active state service or full-time active
federal service of a service member who is a member of the militia,
as described in subparagraph (A) of paragraph  (1). 
 (1) of subdivision (a).  
   (B) 
    (2)  Full-time active duty of a service member who is a
reservist, as described in  subparagraph (B) of paragraph
(1),   paragraph (2) of subdivision (a)  for a
period of 30 consecutive days.