BILL NUMBER: AB 1190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 27, 2009

   An act to amend Section 401 of the Military and Veterans Code,
relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1190, as introduced, Fletcher. Military service: benefits.
   Existing law authorizes extensions of time for certain liabilities
of members of the National Guard who are ordered into active state
service and reservists who are called to active duty, as specified.
   This bill would make technical, nonsubstantive changes to that
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 401 of the Military and Veterans Code is
amended to read:
   401.  (a) Application by a service member for, or receipt by a
service member of, a stay, postponement, or suspension pursuant to
this chapter in the payment of any tax, fine, penalty, insurance
premium, or other civil obligation or liability of that 
person   service member  shall not itself, without
regard to other considerations, provide the basis for any of the
following:
   (1) A determination by any lender or other person that the service
member is unable to pay any civil obligation or liability in
accordance with its terms.
   (2) With respect to a credit transaction between a creditor and
the service member, any of the following:
   (A) A denial or revocation of credit by the creditor.
   (B) A change by the creditor in the terms of an existing credit
arrangement.
   (C) A refusal by the creditor to grant credit to the service
member in substantially the amount or on substantially the terms
requested.
   (3) An adverse report relating to the creditworthiness of the
service member by or to any person or entity engaged in the practice
of assembling or evaluating consumer credit information.
   (4) A refusal by an insurer to insure the service member.
   (b) Any person violating any provision of this section is liable
for actual damages and reasonable attorney's fees incurred by the
injured party.
   (c) Any person violating any provision of this section is guilty
of a misdemeanor, and shall be punishable by imprisonment not to
exceed one year or by a fine not to exceed one thousand dollars
($1,000), or both.