Section § 820

Explanation

This section designates the chapter as the “California Military Families Financial Relief Act of 2005.” It's simply naming the law and how it may be referred to.

This chapter shall be known and may be cited as the “California Military Families Financial Relief Act of 2005.”

Section § 821

Explanation

This section defines key terms for service members in relation to military service. A "service member" includes members of the state militia activated under specific sections or federal law, and reservists called to active duty. "Military orders" are official instructions regarding a service member's duty status. "Military service" refers to full-time active duty, either state or federal, for militia members or reservists serving at least 30 consecutive days.

For purposes of this chapter, the following definitions apply:
(a)CA Military and Veterans Code § 821(a) “Service member” means either of the following:
(1)CA Military and Veterans Code § 821(a)(1) A member of the militia, as defined in Section 120, called or ordered into military service pursuant to Section 143 or 146 or federal law.
(2)CA Military and Veterans Code § 821(a)(2) A member of a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to federal law.
(b)CA Military and Veterans Code § 821(b) “Military orders” means, with respect to a service member, official military orders, or any notification, certification, or verification from the service member’s commanding officer, with respect to the service member’s current or future military duty status.
(c)CA Military and Veterans Code § 821(c) “Military service” means either of the following:
(1)CA Military and Veterans Code § 821(c)(1) Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a).
(2)CA Military and Veterans Code § 821(c)(2) Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), for a period of no less than 30 consecutive days.

Section § 822

Explanation

This law states that county recorders in California cannot charge a fee for recording a power of attorney when someone is acting as an agent for a service member.

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.

Section § 823

Explanation

This law allows military service members, along with their spouses or legal dependents, to cancel a cell phone contract without any penalties. This applies to contracts started after this law's effective date and must be signed by the service member or their family. To cancel, you need to give a 30-day notice via certified mail, including deployment orders. If the phone belongs to the service provider, it must be returned, or the service member must promise to return it after their service ends.

(a)CA Military and Veterans Code § 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)CA Military and Veterans Code § 823(a)(1) It is entered into on or after the effective date of this section.
(2)CA Military and Veterans Code § 823(a)(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)CA Military and Veterans Code § 823(b) Termination of the mobile telephony services contract shall not be effective until both of the following occur:
(1)CA Military and Veterans Code § 823(b)(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)CA Military and Veterans Code § 823(b)(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.

Section § 823.5

Explanation

This law section makes it illegal for certain licensed individuals or companies to market financial services or products to service members, former service members, or their spouses in a misleading way. This includes falsely suggesting any connection or endorsement by the U.S. military or Department of Veterans Affairs.

If someone does violate this rule, and they are licensed under state law, it counts as a violation of their licensing laws. There are exceptions for banks and credit unions, which are not covered by this rule.

'Service member' refers to active duty or reserve military personnel, and 'former service member' means a veteran.

(a)CA Military and Veterans Code § 823.5(a) No person or entity licensed under the Business and Professions Code, Corporations Code, Financial Code, or Insurance Code shall market financial services or products to a service member or former service member, or the spouse of a service member or former service member, in a misleading or deceptive manner that suggests any of the following:
(1)CA Military and Veterans Code § 823.5(a)(1) That the person or entity marketing the financial service or product is acting on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs.
(2)CA Military and Veterans Code § 823.5(a)(2) That the person or entity marketing the financial service or product is an affiliate of one or more branches of the United States military or the United States Department of Veterans Affairs.
(3)CA Military and Veterans Code § 823.5(a)(3) That the financial service or product is being offered on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs.
(b)CA Military and Veterans Code § 823.5(b) If a person who violates this section is licensed under any state licensing law, a violation of this section shall be deemed a violation of the laws under which that person is licensed.
(c)CA Military and Veterans Code § 823.5(c) This section shall not apply to either of the following:
(1)CA Military and Veterans Code § 823.5(c)(1) Any bank as defined in Section 103 of the Financial Code.
(2)CA Military and Veterans Code § 823.5(c)(2) Any credit union as defined in Section 14002 of the Financial Code.
(d)CA Military and Veterans Code § 823.5(d) For purposes of this section:
(1)CA Military and Veterans Code § 823.5(d)(1) “Service member” means a member of an active duty or reserve component of the Armed Forces of the United States or of the active militia, as defined by Section 120.
(2)CA Military and Veterans Code § 823.5(d)(2) “Former service member” means a veteran as defined by Section 980.

Section § 824

Explanation

This law requires schools to give military students an academic leave if they are called to active duty. When these students return, the school must help them catch up on coursework or give them a full refund for any term they missed. Within a year of their return, the school must restore their previous academic status, including credits and financial aid. If a school does not follow these rules, students can sue and might get their legal fees covered. The University of California is encouraged to follow these practices. Schools covered include both public and private colleges.

(a)CA Military and Veterans Code § 824(a) An institution shall, upon request, grant an academic leave of absence for military service to any student who is a member of the active militia, as defined by Section 120, or a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to Section 143 or 146 or federal law.
(b)CA Military and Veterans Code § 824(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 in which the student is enrolled shall do one of the following, as elected by the student:
(1)CA Military and Veterans Code § 824(b)(1) The institution shall make arrangements to reasonably accommodate and assist the student so that they are able to meet any and all coursework requirements that they may have missed due to military service.
(2)CA Military and Veterans Code § 824(b)(2) The institution shall refund the tuition and fees paid by the student for the academic term in which the student is required to report for military service regardless of whether the student was called to military service before the academic term had commenced or after the academic term had commenced. The refund shall equal 100 percent of the tuition and fee charges the student paid the institution for the applicable academic term.
(c)CA Military and Veterans Code § 824(c) 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.
(d)CA Military and Veterans Code § 824(d) 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.
(e)CA Military and Veterans Code § 824(e) The Legislature hereby requests that the University of California adopt policies similar to those set forth in this section.
(f)CA Military and Veterans Code § 824(f) For purposes of this section, “institution” includes any public postsecondary educational institution and any private postsecondary educational institution, as defined in Section 94858 of the Education Code.

Section § 825

Explanation

If you're a service member who belongs to the State Bar of California, you can have your membership fees waived while you're on active military service, as long as certain conditions are met.

First, you must have been in good standing with the State Bar before you started your military service. Second, the waiver applies only to the time period when you are actually in military service. Lastly, you or your spouse need to send a written notice to the State Bar that proves your military status.

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)CA Military and Veterans Code § 825(a) The member was in good standing with the State Bar of California at the time the member enters into military service.
(b)CA Military and Veterans Code § 825(b) The membership fees are for the period for which the service member is in military service.
(c)CA Military and Veterans Code § 825(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.

Section § 826

Explanation

This law is about motor vehicle leases involving service members. If a service member ends their car lease under certain protections, like the federal Servicemembers Civil Relief Act, they can pay off any outstanding debts from the lease in equal payments over the length of their military service. Additionally, if a lien sale or repossession takes place, the person handling it must confirm under penalty of perjury that the process followed specific legal requirements.

(a)CA Military and Veterans Code § 826(a) 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, or pursuant to Section 409, 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.
(b)CA Military and Veterans Code § 826(b) Any person who files or completes a notice, application, or certification of lien sale or certificate of repossession shall, as part of that document, state under penalty of perjury that the lien sale or repossession was conducted in accordance with the requirements of Sections 407, 408, 409.1, and 409.3, and with the requirements of Sections 3952, 3953, and 3958 of Title 50 of the United States Code.

Section § 827

Explanation

If a household's income drops because a family member is called to active military duty, they can apply for shutoff protection for their utilities for 180 days, which can be extended. This protection prevents their utilities from being cut off during this time.

To apply, the customer must notify the service provider with a written request, including military activation or deployment orders. If the military duty is extended, the service provider must be informed. Moving out requires notifying the provider with the move-out date and a forwarding address. The customer must still pay for the utilities used during protection, but there's a repayment plan they can use after military duty ends, lasting up to a year, with no late fees or interest during this period.

The protection doesn’t change existing Public Utilities Commission billing rules, and failure to follow the terms allows the provider to revert to standard billing practices. The law defines specific terms, such as "service provider" and "qualified customer." Public utilities can recover costs related to this protection.

(a)CA Military and Veterans Code § 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)CA Military and Veterans Code § 827(b) A qualified customer may apply for shutoff protection for utility service by notifying the service provider that they are 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)CA Military and Veterans Code § 827(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)CA Military and Veterans Code § 827(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)CA Military and Veterans Code § 827(e) If the qualified customer moves out of the residence that is receiving shutoff protection, they shall provide the service provider a written notice that includes the date of service termination and a forwarding address.
(f)CA Military and Veterans Code § 827(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)CA Military and Veterans Code § 827(g) All service providers shall do the following:
(1)CA Military and Veterans Code § 827(g)(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)CA Military and Veterans Code § 827(g)(2) Not charge late payment fees or interest to the qualified customer during the period of military service or the repayment period.
(h)CA Military and Veterans Code § 827(h) This section shall not affect or amend any rules or orders of the Public Utilities Commission pertaining to billing standards.
(i)CA Military and Veterans Code § 827(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)CA Military and Veterans Code § 827(j) For public utilities regulated by the Public Utilities Commission, the commission shall allow recovery of reasonable costs incurred to implement this section.
(k)CA Military and Veterans Code § 827(k) For purposes of this section:
(1)CA Military and Veterans Code § 827(k)(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 224.3 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)CA Military and Veterans Code § 827(k)(2) “Qualified customer” means the customer of record of a qualified household.
(3)CA Military and Veterans Code § 827(k)(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 under Section 143 or 146 or federal law.

Section § 828

Explanation

This law requires the Military Department to inform militia members about the benefits and protections available to them under this act and any other relevant laws, as long as it is reasonable and feasible to do so.

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.

Section § 829

Explanation

If someone breaks the rules in this section, they must pay for any real losses, reasonable lawyer fees, and costs to the service member or person entitled to benefits under this chapter. If a service member or person wants to enforce their rights, they don't have to pay any filing fees or court costs.

(a)CA Military and Veterans Code § 829(a) A person violating any provision of this chapter shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter.
(b)CA Military and Veterans Code § 829(b) A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs.

Section § 830

Explanation

If a service member asks for help based on this chapter and the responding person thinks the request is incomplete or invalid, they must respond in writing within 30 days. The response should explain what's missing or why the request isn't valid, and include contact details for further communication.

If the person doesn't respond in time, they lose their right to object, and the service member will automatically get the requested help.

(a)CA Military and Veterans Code § 830(a) Any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, shall, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested. The response shall clearly identify the specific information or materials that are missing from the request and that would be required to grant the relief requested, and provide contact information, including a mailing address and telephone number, which the service member can use to contact the person.
(b)CA Military and Veterans Code § 830(b) If the person fails to make such a response in the timeframe set forth in this section, the person waives any objection to the request, and the service member shall be entitled to the relief requested.