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.