Bill Text: OR HB2083 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to the provision of services to active duty service members.

Sponsorship: Unknown

Status: (Passed) 2013-06-18 - Chapter 423, (2013 Laws): Effective date January 1, 2014. [HB2083 Detail]

Download: Oregon-2013-HB2083-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2083

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  Oregon Military Department)

                     CHAPTER ................

                             AN ACT

Relating to the provision of services to active duty service
  members.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 399. + }
  SECTION 2.  { + (1) As used in this section, 'service member '
means:
  (a) A member of the organized militia who is called into active
service of the state by the Governor under ORS 399.065 (1) for 30
or more consecutive days.
  (b) A member of the Armed Forces of the United States, as that
term is defined in ORS 348.282, who is called into active federal
service under Title 10 of the United States Code.
  (2)(a) Except as provided in subsection (6) of this section, a
service member who has obtained the following services from a
telecommunications service provider, an Internet service
provider, a health club as defined in ORS 431.680, a health spa
as defined in ORS 646A.030 or a provider of television services
may terminate or suspend the provision of services upon written
notice and as provided in paragraph (b) of this subsection:
  (A) Telecommunications services.
  (B) Internet services.
  (C) Health spa services as defined in ORS 646A.030.
  (D) Exercise or athletic activities offered by a health club.
  (E) Television services, including but not limited to cable
television, direct satellite and other television-like services.
  (b) The service member must provide proof to the service
provider of the official orders showing that the service member
has been called into active service:
  (A) At the time written notice is given; or
  (B) If precluded by military necessity or circumstances that
make the provision of proof at the time of giving written notice
unreasonable or impossible, within 90 days after written notice
has been given.
  (3) A termination or suspension of services under this section
is effective on the day written notice is given under subsection
(2) of this section.
  (4)(a) A service member who terminates or suspends the
provision of services under this section and who is no longer in
active service may reinstate the provision of services on the

Enrolled House Bill 2083 (HB 2083-B)                       Page 1

same terms and conditions as originally agreed to with the
service provider before the termination or suspension upon
written notice to the provider that the service member is no
longer in active service. Written notice under this subsection
must be given within 90 days after termination of the service
member's active service.
  (b) Upon receipt of the written notice of reinstatement, the
service provider shall resume the provision of services or, if
the services are no longer available, provide substantially
similar services within a reasonable time not to exceed 30 days
from the date of receipt of the written notice of reinstatement.
  (5) A service member who terminates, suspends or reinstates the
provision of services under this section:
  (a) May not be charged a penalty, fee, loss of deposit or any
other additional cost because of the termination, suspension or
reinstatement; and
  (b) Is not liable for payment for any services after the
effective date of the termination or suspension, or until the
effective date of a reinstatement of services as described in
subsection (4) of this section.
  (6) A service member may terminate a contract for any service
provided by a commercial mobile radio services provider in
accordance with 50 U.S.C. 535a. + }
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Passed by House April 23, 2013

Repassed by House June 11, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 6, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2083 (HB 2083-B)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2083 (HB 2083-B)                       Page 3