Bill Text: CA SB995 | 2013-2014 | Regular Session | Introduced
Bill Title: Military service: benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-20 - Referred to Com. on RLS. [SB995 Detail]
Download: California-2013-SB995-Introduced.html
BILL NUMBER: SB 995 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Knight
FEBRUARY 12, 2014
An act to amend Section 800 of the Military and Veterans Code,
relating to military service.
LEGISLATIVE COUNSEL'S DIGEST
SB 995, as introduced, Knight. Military service: benefits.
Existing law authorizes members of the United States Military
Reserve or the National Guard who are called to active duty as a
result of the Iraq and Afghanistan conflicts, as specified, to defer
payments on certain obligations while serving on active duty,
including, among others, up to two vehicle loans.
This bill would make a technical, nonsubstantive change to this
provision.
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 by
Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in
by Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving
account as defined in by 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 by 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 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) 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 by
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.
(G) Any 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.
