Bill Text: MI SB0371 | 2009-2010 | 95th Legislature | Chaptered
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-Chaptered.html
Act No. 218
Public Acts of 2010
Approved by the Governor
December 9, 2010
Filed with the Secretary of State
December 9, 2010
EFFECTIVE DATE: December 9, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Senators Garcia, Anderson, Gleason, Jelinek, Cropsey, Pappageorge, Kuipers and Birkholz
ENROLLED SENATE BILL No. 371
AN ACT 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 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 telecommunications 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 telecommunications service provided under the contract is not wireless telecommunications service to a wireless telephone or other telecommunications 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 telecommunications 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 telecommunications services.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
