Chapter 3.3California Military Families Financial Relief Act of 2005
Section § 820
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.
Section § 821
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.
Section § 822
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.
Section § 823
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.
Section § 823.5
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.
Section § 824
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.
Section § 825
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.
Section § 826
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.
Section § 827
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.
Section § 828
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.
Section § 829
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.
Section § 830
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.