Military Service Relief Act additional protections.

ORIGINAL
Senate
File No
.
SF0035

ENROLLED ACT NO. 29,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to defense forces and affairs; providing servicemembers protections when terminating, suspending or reinstating contract services; requiring notice; making conforming amendments; providing applicability; establishing a penalty; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 19
‑
11
‑
125 is created to read:

19
‑
11
‑
125
.

Termination, suspension or reinstatement of c
ontract services.

(a)

A person
ordered to active service
in the uniformed services
, or a person already in active service in the uniformed services and transferred,
for a period of more than thirty (30)
but not more than one hundred eighty (180)
consecutive days
may suspend
, or for more than one hundred eighty (180) days may terminate or suspend, a service contract
described in
subsection (b
) of this section at any time after the date the person receives military orders, provided the person complies with the notice requirements in
subsection (c
)
of this
section.

(b)

Service contracts subject to subsection (a)
of this section
include contracts
issued or renewed on
or
after July

1,

2018,

subject to Wyoming law
,

which
provide any of the following:

(
i
)

Telecommunication services;

(ii)

Internet services;

(iii)

Television services including cable television, satellite and other television

like services;

(iv)

Athletic club or gym memberships;

(v)

Satellite radio
or

communication
services;

(vi)

O
ther services
provided
pursuant to a contract
that requires periodic and ongoing
payments.

(c)

To terminate or suspend a
service
contract pursuant to this section a uniformed services member
or spouse of a uniformed services member

shall deliver

to
the holder of the service contract

a

written or electronic notice of the
suspension or
termination and a copy of the member
'
s military orders. Termination or suspension
is
effective
on the date specified in the notice,
or ten (10) days after the date the notice was
sent,

which
ever

is later
.

Suspension shall continue until the
member
or spouse of a uniformed services member
r
einstate
s service by

delivering to the holder of the service contract
a
written or electronic notice of reinstatement. The
contract holder
shall resume providing services
effective not more than
ten (10
)
business
days after the date specified in the notice,
or ten (10) days after the date the notice was sent, whichever is later
. A service member who terminates, suspends or reinstates services may not be charged a
ny
penalty, interest, fee, loss of deposit or other cost because of the termination, suspension or reinstatement.
A service contract described in this subsection may be contracted together with or separately by the spouse of the person ordered to service in the uniformed services, provided that at the time under contract the spouse resides with the person.

(d)

Nothing in this section shall prohibit a holder of a service contract from requiring the return of tangible property before suspending or terminating the contractual obligations of a person in subsection (a) of this section.

(e)

Any person who knowingly violates the protections provided to a person in subsection (a) of this section, or any person in subsection (a) of this section who obtains protections under this section through fraudulent means, shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).

Section
2
.

W.S.
19
‑
10
‑
106,
19
‑
11
‑
101, 19
‑
11
‑
103(a)(xii),
19
‑
11
‑
122
(b)
through
(d)

are
amended to read:

19
‑
10
‑
106
.

Application of Military Service Relief Act.

The Military Service Relief Act, W.S. 19
‑
11
‑
101 through
19
‑
11
‑
124
19
‑
11
‑
125
, shall apply to members of the Wyoming state guard.

19
‑
11
‑
101
.

Title.

As used in this article,
"
this article
"
means W.S. 19
‑
11
‑
101 through
19
‑
11
‑
124
19
‑
11
‑
125
.

19
‑
11
‑
103
.

Definitions.

(a)

As used in this article, unless the context clearly requires otherwise:

(xii)

"
This act
"
means W.S. 19
‑
11
‑
101 through
19
‑
11
‑
124
19
‑
11
‑
125
.

19
‑
11
‑
122
.

Servicemembers Civil Relief Act;

application to national guard; penalty for violation of rights; enforcement; preferences.

(b)

Any person who knowingly violates the protections provided to members of the Wyoming national guard pursuant to subsection (a) of this section
or W.S.

19
‑
11
‑
125

shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).

(c)

The protections afforded to members of the Wyoming national guard pursuant to
subsection (a) of this section
or W.S.

19
‑
11
‑
125

may serve as the basis for an action or as a defense. The courts of this state that would otherwise have jurisdiction over a case shall have jurisdiction over proceedings involving the Servicemembers Civil Relief Act
,

and

the Uniformed Services Employment and Reemployment Rights Act

and W.S. 19
‑
11
‑
1
2
5
,
which shall be governed by the rules applicable to ordinary proceedings.

(d)

The courts shall give preference in scheduling
such
proceedings

pursuant to subsection (c) of this section
, upon the motion of any person in the uniformed services, or the person
'
s attorney, who presents certification that the person has performed service in the uniformed services or is in service in the uniformed services.

Section
3
.

This act is effective July 1, 201
8
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1