SB 160, as introduced, Nielsen. Military and veterans.
Existing law authorizes specified members of the United States Military Reserve or the National Guard who are called to active duty to defer payments on certain obligations while serving on active duty.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 800 of the Military and Veterans Code
2 is amended to read:
(a) (1) Subject to subdivision (b), in addition to any other
4benefits provided by law and to the extent permitted by federal
5law, any member of the United States Military Reserve or the
6National Guard of this state who is called to active duty after the
7enactment of this chapter and before January 1, 2014, as a part of
8the Iraq and Afghanistan conflicts may defer payments on any of
9the following obligations while serving on active duty:
10(A) An obligation secured by a mortgage or deed of trust.
11(B) Credit cardbegin insert,end insert as definedbegin delete inend deletebegin insert
byend insert Section 1747.02 of the Civil
12Code.
P2 1(C) Retail installment contractbegin insert,end insert as definedbegin delete inend deletebegin insert byend insert Section 1802.6
2of the Civil Code.
3(D) Retail installment account, installment account, or revolving
4accountbegin insert,end insert as definedbegin delete inend deletebegin insert byend insert Section 1802.7 of the Civil Code.
5(E) Up to two vehicle loans. For purposes of this chapter,
6“vehicle” means a vehicle as definedbegin delete inend deletebegin insert byend insert Section 670 of the
7Vehicle Code.
8(F) Any payment of property tax or any special assessment of
9in-lieu property tax imposed on real property that is assessed on
10residential property owned by the reservist and used as that
11reservist’s primary place of residence on the date the reservist was
12ordered to active duty.
13(2) Subject to subdivision (b), in addition to any other benefits
14provided by law and to the extent permitted by federal law, a
15reservist who is called to active duty on and after January 1, 2014,
16may defer payments on any
of the following obligations while
17serving on active duty:
18(A) An obligation secured by a mortgage or deed of trust.
19(B) Credit cardbegin insert,end insert as definedbegin delete inend deletebegin insert byend insert Section 1747.02 of the Civil
20Code.
21(C) Retail installment contractbegin insert,end insert as definedbegin delete inend deletebegin insert
byend insert Section 1802.6
22of the Civil Code.
23(D) Retail installment account, installment account, or revolving
24accountbegin insert,end insert as definedbegin delete inend deletebegin insert byend insert Section 1802.7 of the Civil Code.
25(E) Up to two vehicle loans. For purposes of this chapter,
26“vehicle” means a vehicle as definedbegin delete inend deletebegin insert byend insert Section 670 of the
27Vehicle Code.
28(F) Any payment of property tax or any special assessment of
29in-lieu property tax imposed on real property that is assessed on
30residential property owned by the reservist and used as that
31reservist’s primary place of residence on the date the reservist was
32ordered to active duty.
33(G) Any obligation owed to a utility company.
34(b) (1) In order for an obligation or liability of a reservist to be
35subject to the provisions of this chapter, the reservist or the
36reservist’s designee shall deliver to the obligor both of the
37following:
38(A) A letter signed by the reservist, under penalty of perjury,
39requesting a deferment of financial obligations.
P3 1(B) A copy of the reservist’s activation or deployment order
2and any other
information that substantiates the duration of the
3service member’s military service.
4(2) If required by a financial institution, proof that the reservist’s
5employer does not provide continuing income to the reservist while
6the reservist is on active military duty, including the reservist’s
7military pay, of more than 90 percent of the reservist’s monthly
8salary and wage income earned before the call to active duty.
9(c) Upon request of the reservist or the reservist’s dependent or
10designee and within five working days of that request, if applicable,
11the employer of a reservist shall furnish the letter or other
12comparable evidence showing that the employer’s compensation
13policy does not provide continuing income to the reservist,
14including the reservist’s military pay, of more than 90 percent of
15the reservist’s monthly salary and wage income earned before the
16call to active
duty.
17(d) The deferral period on financial obligations shall be the
18lesser of 180 days or the period of active duty plus 60 calendar
19days and shall apply only to those payments due subsequent to the
20notice provided to a lender as provided in subdivision (b). In
21addition, the total period of the deferment shall not exceed 180
22days within a 365-day period.
23(e) If a lender defers payments on a closed end credit obligation
24or an open-end credit obligation with a maturity date, pursuant to
25this chapter, the lender shall extend the term of the obligation by
26the amount of months the obligation was deferred.
27(f) If a lender defers payments on an open-end credit obligation
28pursuant to this chapter, the lender may restrict the availability of
29additional credit with respect to that obligation during the term of
30the
deferral.
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