Bill Text: CA AB2455 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 2455 (Prior Session Legislation)

Bill Title: Military service: benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-19 - Chaptered by Secretary of State - Chapter 124, Statutes of 2010. [AB2455 Detail]

Download: California-2009-AB2455-Chaptered.html

BILL NUMBER: AB 2455	CHAPTERED
	BILL TEXT

	CHAPTER  124
	FILED WITH SECRETARY OF STATE  JULY 19, 2010
	APPROVED BY GOVERNOR  JULY 19, 2010
	PASSED THE SENATE  JULY 1, 2010
	PASSED THE ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 19, 2010

   An act to amend Sections 800 and 811 of the Military and Veterans
Code, relating to military benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2455, Nava. Military service: benefits.
   Existing law authorizes members of the United States Military
Reserve and National Guard who are called to active duty as a result
of the Iraq or Afghanistan conflicts to defer payments on specified
obligations for the period of active duty, as specified, including up
to 2 loans subject to the Automobile Sales Finance Act.
   This bill would instead authorize members to defer payment on up
to 2 loans on vehicles, as defined. This bill would also provide that
a spouse or legal dependent, or both, of a member is entitled to the
deferral of payment benefits accorded to a member, if the member is
eligible for those benefits.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 800 of the Military and Veterans Code is
amended to read:
   800.  (a) Subject to subdivision (b), in addition to any other
benefits 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 as a part of the Iraq and Afghanistan conflicts may
defer payments on any of the following obligations while serving on
active duty:
   (1) An obligation secured by a mortgage or deed of trust.
   (2) Credit card as defined in Section 1747.02 of the Civil Code.
   (3) Retail installment contract as defined in Section 1802.6 of
the Civil Code.
   (4) Retail installment account, installment account, or revolving
account as defined in Section 1802.7 of the Civil Code.
   (5) Up to two vehicle loans. For purposes of this chapter,
"vehicle" means a vehicle as defined in Section 670 of the Vehicle
Code.
   (6) Any payment of property tax or any special assessment of
in-lieu property tax imposed on real property which 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.
   (b) 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 lender:
   (1) A letter signed by the reservist, under penalty of perjury,
requesting a deferment of financial obligations.
   (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).
   (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.
  SEC. 2.  Section 811 of the Military and Veterans Code is amended
to read:
   811.  (a) The spouse or legal dependent, or both, of a member of
the United States Military Reserve or National Guard of this state
who is called to active duty, shall be entitled to the benefits
accorded to a member under this chapter, provided that the member is
eligible for the benefits.
   (b) This chapter applies only to an obligation specified in this
chapter that was incurred prior to the date that a member of the
United States Military Reserve or National Guard of this state was
called to active duty as part of the Iraq and Afghanistan conflicts.