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California Military and Veterans Code Sections 820-828 OF 2005
MILITARY AND VETERANS CODESECTION 820-828
820. This chapter shall be known and may be cited as the "California Military Families Financial Relief Act of 2005." 821. For purposes of this chapter, the following definitions apply: (a) "Service member" means both of the following: (1) Members of the militia called or ordered into active state service by the Governor pursuant to Section 143 or 146 or into active federal service by the President of the United States pursuant to Title 10 or 32 of the United States Code. (2) Reservists of the United States Military Reserve who have been called to full-time active duty. (b) "Military service" means full-time active state service or full-time active federal service, as defined in paragraph (1) of subdivision (a), or full-time active duty of a reservist, as defined in paragraph (2) of subdivision (a), for a period of 30 consecutive days. 822. No county recorder in this state may impose a fee for the recordation of a power of attorney to act as the agent for a service member for the period the service member is in military service. 823. (a) Any service member who is in military service, or any spouse or legal dependent of that service member, may terminate, without penalty, a mobile telephony services contract that meets both of the following requirements: (1) It is entered into on or after the effective date of this section. (2) It is executed by or on behalf of the service member who is in military service, or by any spouse or legal dependent of that service member. (b) Termination of the mobile telephony services contract shall not be effective until both of the following occur: (1) Thirty days after the service member who is in military service or the spouse or legal dependent gives notice by certified mail, return receipt requested, of the intention to terminate the mobile telephony services contract, and provides a copy of the service member's activation or deployment order and any other information that substantiates the duration of the service member's military service. (2) Unless the service member who is in military service, or any spouse or legal dependent of that service member, owns the mobile communication device, the mobile communication device is returned to the custody or control of the mobile telephony services company, or the service member who is in military service or the service member's spouse or legal dependent agrees in writing to return the mobile communication device as soon as practicable after the military service is completed. 824. (a) If requested by a student granted an academic leave of absence for military service, not later than one year after the student's release from military service, other than a dishonorable release, the institution in which the student is enrolled shall do either of the following, as elected by the student: (1) Credit tuition and fee charges toward a subsequent academic term in an amount that is equal to 100 percent of what the student paid the institution for the academic term in which the student withdraws. (2) Refund tuition and fees paid for the academic term, provided the student withdraws before the withdraw date established by the institution. The refund shall equal 100 percent of the tuition and fee charges the student paid the institution for the academic term. If the student withdraws after the withdraw date established by the institution, the student is ineligible for a refund of tuition and fee charges. For the purposes of this section, the "withdraw date" shall be the same as the date set by the institution for its general student population to withdraw from the institution or a course or class without academic penalty. (b) If requested by a student granted an academic leave of absence for military service, not later than one year after the student's release from military service, other than a dishonorable release, the institution shall restore the student to the educational status the student had attained prior to being called to military service without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of military service, except as provided in subdivision (a). (c) If an institution fails to comply with this section, the student may bring an action against the institution to enforce its provisions in any court of competent jurisdiction of the county in which the student resides. If the student resides outside of this state, the action shall be brought in the court of the county in which the campus of the institution previously attended by the student is located. The court may award reasonable attorney's fees and expenses if the student prevails in the action. (d) The Legislature hereby requests that the University of California adopt policies similar to those set forth in this section. 825. The State Bar of California shall waive the membership fees of any member who is a service member if all of the following requirements are met: (a) The member was in good standing with the State Bar of California at the time the member enters into military service. (b) The membership fees are for the period for which the service member is in military service. (c) The service member, or the service member's spouse, provides written notice to the State Bar of California that substantiates the service member's military service. 826. On or after the effective date of the act adding this chapter, any service member who terminates a motor vehicle lease pursuant to the federal Servicemembers Civil Relief Act shall be allowed by the lessor to make payment of any arrearages and other obligations that are due and unpaid at the time of termination of the lease in equal installments over a period equal to at least the period of military service. 827. (a) A qualified customer may apply for and shall receive shutoff protection from a service provider for a period of 180 days. The service provider may grant extensions after the initial 180-day period. (b) A qualified customer may apply for shutoff protection for utility service by notifying the service provider that he or she is in need of assistance because of a reduction in household income as the result of a member of a qualified household being called to active duty status in the military. (c) Notification of the need for assistance shall be submitted in writing and accompanied by a copy of the activation or deployment order of a service member that specifies the duration of the active duty status. The written notification shall also include self-certification that the qualified household of the qualified customer will be occupied by the qualified customer's legal dependent or dependents during the duration of the shutoff protection period. (d) A qualified customer receiving assistance under this section shall notify the service provider if the active duty status of the service member will be extended. (e) If the qualified customer moves out of the residence that is receiving shutoff protection, he or she shall provide the service provider a written notice that includes the date of service termination and a forwarding address. (f) Unless waived by the service provider, the shutoff protection provided under this section shall not void or limit the obligation of the qualified customer to pay for utility services received during the time of assistance. (g) All service providers shall do the following: (1) Establish a repayment plan requiring minimum monthly payments that allows the qualified customer to pay any past due amounts over a reasonable time period not to exceed one year after the service member's release from active military duty. (2) Not charge late payment fees or interest to the qualified customer during the period of military service or the repayment period. (h) This section shall not affect or amend any rules or orders of the Public Utilities Commission pertaining to billing standards. (i) If terms and conditions under this section are not followed by the qualified customer, the service provider may follow its procedures and rules on customer standards and billing practices for providing electric, water, and gas residential services. (j) For public utilities regulated by the Public Utilities Commission, the commission shall allow recovery of reasonable costs incurred to implement this section. (k) For purposes of this section: (1) "Service provider" means a provider of utility services, including, but not limited to, public utilities that are subject to the jurisdiction of the Public Utilities Commission, local publicly owned electric utilities, as defined by Section 9604 of the Public Utilities Code, and public water, sewer, or solid waste collection services, or any combination thereof. "Service provider" does not include any corporation described in subdivision (a) of Section 234 of the Public Utilities Code. (2) "Qualified customer" means the customer of record of a qualified household. (3) A "qualified household" is a residential household for which the income is reduced because the customer of record, the spouse of the customer of record, or the registered domestic partner of the customer of record, as defined by Section 297.5 of the Family Code, is a service member called to full-time active military service by the President of the United States or the Governor of this state during a time of declared national or state emergency or war. 828. The Military Department shall, to the extent reasonable and feasible, inform all members of the militia of the benefits and protections provided by this act, and of similar benefits and protections provided by any other law.
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