A BILL TO BE ENTITLED
AN ACT to enact the north carolina servicemembers civil relief act and to clarify that no member of the north carolina national guard shall be forced to use any vacation or other leave from his or her civilian employment for a period of active service.
The General Assembly of North Carolina enacts:

PART I. NORTH CAROLINA SERVICEMEMBERS CIVIL RELIEF ACT
SECTION 1.(a)  Chapter 127B of the General Statutes is amended by adding a new Article to read:
"Article 4.
"North Carolina Servicemembers Civil Relief Act.
"§ 127B‑25.  Title.
This Article may be cited as the North Carolina Servicemembers Civil Relief Act.
"§ 127B‑26.  Purpose.
This Article is intended to incorporate into State law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, and to extend those rights, benefits, and protections to members of the North Carolina National Guard serving on State active duty and to members of the National Guard of other states serving on state active duty who reside in North Carolina. Nothing in this Article is a restriction or limitation on any of the rights, benefits, and protections granted to a servicemember under federal law.
"§ 127B‑27.  Definitions.
The following definitions apply in this Article:
(1)	Dependent. – As defined in 50 U.S.C. § 3911(4).
(2)	Military order. – Official military orders, or any notification, certification, or verification from the servicemember's commanding officer, with respect to the servicemember's current or future military service. In the case of a member of the North Carolina National Guard, this term includes an order from the Governor pursuant to Chapter 127A of the General Statutes, and, in the case of a member of the National Guard of another state, this term includes an order from the governor of that state.
(3)	Military service. – Any of the following:
a.	As defined in 50 U.S.C. § 3911(2).
b.	In the case of a member of the North Carolina National Guard, State active duty under an order of the Governor pursuant to this Chapter, for a period of more than 30 consecutive days.
c.	In the case of a member of the National Guard of another state, service under an order of the governor of that state that is similar to State active duty, for a period of more than 30 consecutive days.
(4)	Servicemember. – Any of the following:
a.	A servicemember, as defined in 50 U.S.C. § 3911(1), who resides in this State.
b.	A member of the North Carolina National Guard.
"§ 127B‑28.  Incorporation and expansion of federal Servicemembers Civil Relief Act; copy of military order.
(a)	The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, apply to a servicemember engaged in military service to the extent the servicemember's military service materially affects the servicemember's ability to comply with his or her obligations.
(b)	In the case of a servicemember engaged in military service under G.S. 127B‑27(3)b. or c., a person is not subject to the remedies or penalties of this Article unless the servicemember gives to the person a written or electronic copy of the military order no later than 30 days after the military service terminates.
(c)	To the extent this section conflicts with another section in this Article, the other section controls.
(d)	A violation of the federal Servicemembers Civil Relief Act, as expanded by this section, is a violation of this Article.
"§ 127B‑29.  Dependent's rights and protections.
A dependent of a servicemember engaged in military service has the same rights and protections provided to a servicemember under G.S. 127B‑30 and under Subchapter II of Chapter 50 of Title 50 of the United States Code.
"§ 127B‑30.  Termination of contract upon receipt of military order; requirements.
(a)	It is the policy of this State that servicemembers who have entered into certain service contracts and who later receive military orders to relocate to a location that does not support those contracts should not be penalized for terminating those contracts.
(b)	Termination of Contract. – In addition to the rights and protections regarding consumer transactions, contracts, and service providers provided to a servicemember under Subchapter III of Chapter 50 of Title 50 of the United States Code, a servicemember may terminate a contract described in subsection (c) of this section if the servicemember receives a military order to relocate for a period of military service of at least 90 days to a location that does not support the contract.
(c)	Applicability. – This section applies to a prepaid entertainment contract as defined in G.S. 66‑118. This section also applies to a contract to provide any of the following services:
(1)	Telecommunication service.
(2)	Internet service.
(3)	Television service.
(4)	Satellite radio service.
(d)	Notices. – A servicemember shall give to the service provider under the contract written or electronic notice of the termination and a written or electronic copy of the military order. If a servicemember terminates a contract, the service provider shall give to the servicemember written or electronic notice of the servicemember's rights posted on the North Carolina National Guard's Web site pursuant to G.S. 127A‑65.
(e)	No Early Termination Charge. – For any contract terminated under this section, the service provider shall not impose an early termination charge.
(f)	Refund. – Not later than 60 days after the termination date of the contract, the service provider shall refund to the servicemember any fee paid for a service that extends beyond the termination date of the contract.
(g)	Unpaid Obligation. – Any tax, liability, or other obligation due and unpaid at the time of the termination remains the obligation of the servicemember.
(h)	Resubscription. – If the servicemember resubscribes to the service provided under the contract, the service provider shall not impose any charge or fee other than the usual and customary charges and fees for the installation or acquisition of customer equipment imposed on any other subscriber.
"§ 127B‑31.  Reserved.
"§ 127B‑32.  Eviction; penalty or fee; extension of lease.
(a)	A servicemember shall not be evicted from the servicemember's residence while the servicemember is engaged in military service or within 14 days after the military service terminates. If the servicemember's military service prevents the servicemember from removing the servicemember's possessions from the residence, the servicemember is not liable for any penalty or fee arising from the servicemember's failure to vacate the residence.
(b)	If a servicemember has a lease agreement on the servicemember's residence and the lease agreement expires while the servicemember is engaged in military service, the servicemember is entitled to extend the lease agreement to terminate 10 days after the servicemember's military service terminates. The terms of the lease agreement during this period of extension shall be the same terms that applied during the month before the expiration.
"§ 127B‑33.  No waiver.
This Article supersedes any agreement that reduces, limits, or eliminates any right or benefit provided by this Article.
"§ 127B‑34.  Violation is unfair or deceptive trade practice.
A violation of this Article is an unfair or deceptive trade practice for purposes of Chapter 75 of the General Statutes.
"§ 127B‑35.  Action by Attorney General.
(a)	Civil Action. – The Attorney General may commence a civil action against any person that violates any provision of this Article.
(b)	Remedies. – The court may order any of the following remedies:
(1)	Injunction.
(2)	Payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember.
(3)	Any other remedy provided under Chapter 75 of the General Statutes.
(c)	Civil Penalty. – The court may assess a civil penalty not to exceed five thousand dollars ($5,000) per violation. The clear proceeds of civil penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
"§ 127B‑36.  Private right of action.
(a)	Civil Action. – A servicemember aggrieved by a person's violation of any provision of this Article may commence a civil action against that person.
(b)	Remedies. – The court may order any of the following remedies:
(1)	Injunction.
(2)	Payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember.
(3)	Damages.
(4)	Any other remedy provided under Chapter 75 of the General Statutes.
(c)	Costs. – A servicemember who prevails in an action under this section may recover attorneys' fees and court costs."
SECTION 1.(b)  G.S. 127A‑41.1 is recodified as G.S. 127B‑31 and reads as rewritten:
"§ 127B‑31.  Stay of court proceedings because of military service.
(a)	At any stage of any civil action or proceeding in which a servicemember engaged in military service is a party, the court may stay the action or proceeding on its own motion and shall stay the action or proceeding on application by the servicemember, or by a person acting on behalf of the servicemember, unless the court finds that the ability of the servicemember to litigate is not materially affected by his or her military service.

(b)	This section applies during the servicemember's military service and within 60 days after the military service terminates."
SECTION 1.(c)  Article 3 of Chapter 127A of the General Statutes is amended by adding a new section to read:
"§ 127A‑65.  List of rights; posting.
The North Carolina National Guard shall post on its Web site a list of the rights a servicemember or a dependent of a servicemember has under the North Carolina Servicemembers Civil Relief Act and under the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code."
SECTION 1.(d)  This section becomes effective October 1, 2019, and applies to contracts entered into, renewed, or modified on or after that date.

PART II. CLARIFY USE OF CIVILIAN LEAVE
SECTION 2.(a)  G.S. 127A‑111 reads as rewritten:
"§ 127A‑111.  Civilian leave option.
(a)	A member of the North Carolina National Guard called into service of the State by the Governor has the right to take leave without pay from his or her civilian employment. No member of the North Carolina National Guard shall be forced to use any of his or her vacation or other accrued leaves from his or her civilian employment for a period of active service. The choice of leave is solely within the discretion of the member.
(b)	The Commissioner of Labor shall enforce the provisions of this section pursuant to Chapter 95 of the General Statutes."
SECTION 2.(b)  This section is effective when it becomes law.

PART III. EFFECTIVE DATE
SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.