SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2017 SESSION

17102735D
HOUSE BILL NO. 2147
Offered January 11, 2017
Prefiled January 11, 2017
A BILL to amend the Code of Virginia by adding in Title 44 a chapter numbered 1.1, consisting of sections numbered 44-122.1 through 44-122.4, relating to the Virginia Service Members Civil Relief Act.
----------
Patrons-- Simon, Bell, John J., Cole, Filler-Corn and Murphy
----------
Referred to Committee on Militia, Police and Public Safety
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 44 a chapter numbered 1.1, consisting of sections numbered 44-122.1 through 44-122.4, as follows:

CHAPTER 1.1.
VIRGINIA SERVICE MEMBERS CIVIL RELIEF ACT.

§ 44-122.1. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Military service" means:

1. In the case of a service member who is a member or reserve member of the United States Armed Forces, full-time duty in the active military service of the United States, including (i) full-time training duty, (ii) annual training duty, and (iii) attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned;

2. In the case of a member or reserve member of the Virginia National Guard, service (i) under a call to active service authorized by the President of the United States or the U.S. Secretary of Defense for a period of more than 30 days in response to a national emergency declared by the President of the United States or (ii) under orders to be present for duty under Title 32 of the United States Code or while in a state active duty status for a period of more than 30 consecutive days;

3. In the case of a service member who is a commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration, active service; or

4. Any period during which a service member is absent from duty on account of sickness, wounds, leave, or other lawful case.

"Service member" means an individual engaged in military service.

§ 44-122.2. Chapter to supplement federal Servicemembers Civil Relief Act; application to dependents.

A. This chapter is intended to supplement the rights and protections provided in the federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).

B. After giving notice as provided in this chapter, the dependent of a service member shall have the same rights and protections provided to a service member under Title II of the federal Servicemembers Civil Relief Act (50 U.S.C. App. 521 through 527).

§ 44-122.3. Rights granted.

A. In addition to the rights and protections regarding consumer transactions, contracts, and service providers included in Title III of the federal Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), a service member may terminate or suspend a contract described in subsection B at any time after the date the service member receives military orders to relocate for a period of service of at least 90 days to a location that does not support the contract.

B. The provisions of this section shall apply to a contract to provide any of the following:

1. Telecommunication services;

2. Internet services;

3. Television services;

4. Athletic club or gym memberships; or

5. Commercial mobile radio services pursuant to 50 U.S.C. App. 535a.

C. The termination or suspension of a contract shall be made by delivery of a written or electronic notice of the termination or suspension and a copy of the service member's military orders to the service provider. If precluded by military necessity or circumstances that make delivery of a copy of such military order unreasonable or impossible, delivery of such military orders shall occur within 90 days after written notice has been given.

D. Termination or suspension of services under this section shall be effective on the day written notice is given.

E. A service member who terminates or suspends the provision of services under this section and who is no longer in military service may reinstate the provision of services on the same terms and conditions as originally agreed to with the service provider before the termination or suspension, provided that written notice is given to the service provider that the service member is no longer in military service. Written notice under this subsection shall be given within 90 days after discharge from military service.

F. Upon receipt of the notice required by subsection E, a 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 receipt of such notice.

G. A service member who terminates, suspends, or reinstates the provision of services under this section shall not be charged a penalty, fee, loss of deposit, or any other additional fee due to such termination, suspension, or reinstatement. In addition, a service member shall not be 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 under subsection E.

§ 44-122.4. Virginia Consumer Protection Act; violation of federal act deemed violation of this chapter.

A. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a service provider specified in § 44-122.3 to fail to comply with the provisions of this chapter.

B. A violation of the federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) shall constitute a violation of this chapter.