Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 583

Introduced by Assembly Member Chávez

February 24, 2015

An act to amend Section begin delete 800 end delete begin insert 395.06 end insert of the Military and Veterans Code, relating to military service.

LEGISLATIVE COUNSEL’S DIGEST

AB 583, as amended, Chávez. Military service: begin delete benefits. end delete begin insert employment protections. end insert

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Existing law provides protections for members of the National Guard ordered into active state service by the Governor or active federal service by the President of the United States for emergency purposes, and for reservists called to active duty, as specified.

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Existing law provides protections for these persons during their period of military service with respect to their private employment rights upon return from service, and requires the district attorney of the county in which an employer maintains a place of business to act as an attorney on behalf of a service member in any action, as specified, against an employer who fails or refuses to comply with those provisions, if the district attorney is reasonably satisfied that the person is entitled to these benefits.

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This bill would extend these protections to members of the National Guard of other states who are called to military service by their respective Governors or by the President of the United States, and who have left a position in private employment in California. Because this bill would expand the duties of district attorneys, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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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.

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This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 395.06 of the end insert begin insert Military and Veterans Code end insert
begin insert is amended to read: end insert

395.06.  

(a)  begin insert (1) end insert begin insert   end insert Every officer and enlisted member of the
California National Guard who, in order to undertake active
military duty in the service of the state when the Governor has
issued a proclamation of a state of insurrection pursuant to Section
143, or a proclamation of a state of extreme emergency or when
the California National Guard is on active duty pursuant to Section
146, or a service member called to active service or duty under
Chapter 7.5 (commencing with Section 400), has left a position,
other than a temporary position, in private employment, receives
a certificate of satisfactory service in the California National Guard
or an equivalent thereof, is still qualified to perform the duties of
that position, and makes application within 40 days after release
from service shall be considered as on leave of absence during that
period and shall be restored by the former employer to the former
position or to a position of similar seniority, status, and pay without
loss of retirement or other benefits, unless the employer’s
circumstances have so changed as to make it impossible or
unreasonable to do so, and shall not be discharged from the position
without cause within one year after being restored to the position.

begin insert

(2) Every officer and enlisted member of the National Guard
of a state other than California who, in order to undertake active
military duty in the service of that state when the Governor of that
state has issued a proclamation of a state of insurrection, or a
proclamation of a state of extreme emergency or when the National
Guard of that state is on active duty, or a service member called
to active service or duty by the Governor of that state or into active
federal service by the President of the United States pursuant to
Title 10 or 32 of the United States Code, has left a position, other
than a temporary position, in private employment in California,
receives a certification of satisfactory service in the National
Guard of another state or an equivalent thereof, is still qualified
to perform the duties of that position, and makes application within
40 days after release from service shall be considered as on leave
of absence during that period and shall be restored by the former
employer to the former position or to a position of similar seniority,
status, and pay without loss of retirement or other benefits, unless
the employer’s circumstances have so changed as to make it
impossible or unreasonable to do so, and shall not be discharged
from the position without cause within one year after being restored
to the position.

end insert

(b) Every officer and enlisted member begin insert of the California National
Guard, or the National Guard of a state other than California, end insert
who has left a part-time position in private employment for
purposes of service pursuant to begin insert paragraph (1) or (2) of end insert subdivision
(a), receives a certificate of satisfactory service in the California
National Guard begin insert , or the National Guard of another state end insert or an
equivalent thereof, is still qualified to perform the duties of that
position, and makes application within five days after release from
service shall be considered as on leave of absence during that
period and shall be restored by the former employer to the former
position, or to a position of similar seniority, status, and pay, if
any exists, and shall not be discharged from the position without
cause within one year after being restored to the position.

(c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains
a place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits
of this section, specifically require the employer to comply with
this section and compensate the person for any loss of wages or
benefits suffered by reason of the employer’s unlawful action. The
court shall order a speedy hearing and shall advance it on the
calendar. Upon application to the district attorney of the county
in which the employer maintains a place of business by any person
claiming to be entitled to the benefits of this section, the district
attorney, if reasonably satisfied that the person is entitled to these
benefits, shall appear and act as attorney for the person in the
amicable adjustment of the claim or in the filing of any motion,
petition, or other appropriate pleading and the prosecution thereof
to specifically require the employer to comply with this section.
No fees or court costs are required to be paid by the person
applying for these benefits.

(d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming
to be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.

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begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin delete

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
benefit 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 to subdivision (b), in addition to any other benefits
provided by law and to the extent permitted by federal law, any
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 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.

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