Bill Text: MI SB0371 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Communications; cellular telephone; active duty military personnel; allow to cancel cellular telephone contract without penalties. Creates new act.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2010-12-29 - Assigned Pa 0218'10 With Immediate Effect [SB0371 Detail]
Download: Michigan-2009-SB0371-Engrossed.html
SB-0371, As Passed House, November 10, 2010
SENATE BILL No. 371
March 12, 2009, Introduced by Senators GARCIA, ANDERSON, GLEASON, JELINEK, CROPSEY, PAPPAGEORGE, KUIPERS and BIRKHOLZ and referred to the Committee on Senior Citizens and Veterans Affairs.
A bill to allow certain active duty service members to
terminate contracts with wireless telecommunications providers; to
provide for the rights and responsibilities of the parties to those
terminated contracts; to provide for the powers and duties of
certain state officials; to prescribe civil sanctions and provide
remedies; and to provide for the disposition of civil fines.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"military personnel wireless contract act".
Sec. 2. As used in this act:
(a) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of congress, or
Senate Bill No. 371 as amended November 10, 2010
an order of the governor.
(b) "Armed forces" means that term as defined in section 2 of
the veteran right to employment services act, 1994 PA 39, MCL
35.1092.
(c) "Michigan national guard" means that term as defined in
section 105 of the Michigan military act, 1967 PA 150, MCL 32.505.
(d) "Service member" means a member of the armed forces, a
reserve branch of the armed forces, or the Michigan national guard.
Sec. 3. If a service member is transferred, or deployed
overseas, on active duty for a period of [179] days or more, to an
area where the service member's existing wireless telecommunication
provider does not offer facilities-based wireless service, the
service member, or the spouse of a service member acting on behalf
of that service member if he or she is authorized by the service
member to make changes to the account, may terminate any contract
with the wireless telecommunications provider that meets all of the
following requirements:
(a) The service member is a party to the contract.
(b) The contract is entered into on or after the effective
date of this act.
(c) The contract is executed before the service member is
transferred, or deployed overseas, on active duty.
(d) The wireless telecommunication service provided under the
contract is not wireless telecommunication service to a wireless
telephone or other telecommunication device installed in a motor
vehicle.
Sec. 4. A termination of a contract with a wireless
telecommunications provider under section 3 is effective on the
date all of the following are met:
(a) The service member who is transferred, or deployed
overseas, on active duty, or the service member's spouse, provides
the lessor by certified mail, return receipt requested, a written
notice of the service member's intention to terminate the contract,
a copy of the military or gubernatorial orders transferring the
service member or calling the service member to active duty, and a
copy of any orders further extending the service member's period of
active duty.
(b) Any wireless telecommunications equipment not owned by the
service member acquired from the wireless communications provider
is returned to the custody or control of the wireless
telecommunications provider within 30 days after the delivery of
the written notice under subdivision (a).
Sec. 5. (1) If a contract with a wireless telecommunications
provider is terminated under this act, the service member remains
responsible for any use charges incurred before termination.
(2) If a contract with a wireless telecommunications provider
is terminated under this act, the wireless telecommunications
provider may not impose an early termination charge for that
termination.
Sec. 6. In addition to any other penalty that may be provided
by law, the attorney general may file a civil action in which the
court may impose on a wireless telecommunications provider that
violates this act a civil fine of not more than $2,000.00 for each
violation. Money recovered under this section shall be forwarded to
the state treasurer for deposit into the military family relief
fund created in section 3 of the military family relief fund act,
2004 PA 363, MCL 35.1213.
Sec. 7. This act does not apply to prepaid wireless
telecommunication services.
