2018 Regular Session ENROLLED
SENATE BILL NO. 114
BY SENATORS PEACOCK, ALLAIN, CORTEZ, MARTINY, MIZELL, THOMPSON
AND WHITE
1 AN ACT
2 To amend and reenact R.S. 29:402(C) and 422(A) and to enact R.S. 29:418.2, relative to the
3 Military Service Relief Act; to provide relative to contracts; to provide for
4 suspension or termination of contracts under certain circumstances; to provide for
5 procedures, terms, and conditions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 29:402(C) and 422(A) are hereby amended and reenacted and R.S.
8 29:418.2 is hereby enacted to read as follows:
9 §402. Purpose
10 * * *
11 C. The provisions of this Part are intended to be supplemental to any rights
12 that persons called to military service have under any applicable federal statutes,
13 particularly, the Servicemembers Civil Relief Act, 50 App. U.S.C. 501 et seq. 50
14 U.S.C. 3901 et seq., and the Uniformed Services Employment and Reemployment
15 Rights Act, 38 U.S.C. 4301 et seq., and under any other applicable laws of this state.
16 * * *
17 §418.2. Service contracts; suspension or termination during service in the
18 uniformed services
19 A. A person called to service in the uniformed services may suspend or
20 terminate the following contracts as provided in this Section. The suspension or
21 termination may be made by the person at any time after receiving military
22 orders to relocate, for a period of service of at least ninety days, to a location
23 that does not support the contracts.
24 B. The contracts that may be suspended or terminated are:
ACT No. 647
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 114 ENROLLED
1 (1) Telecommunications services, excluding cellular phone and wireless
2 service plan contracts subject to the provisions of R.S. 29:418.1.
3 (2) Internet services.
4 (3) Telephone services.
5 (4) Athletic club or gym memberships.
6 (5) Satellite radio services.
7 (6) Television services, including but not limited to cable television,
8 direct satellite, and other television-like services.
9 (7) Utility services.
10 C.(1) Suspension.
11 (a) The contract may be suspended for a period not exceeding thirty
12 days after discharge from active military service. The suspension shall be
13 without imposition of any charge, and shall be effective on the day notice is
14 given by the person to the service provider. The notice shall include a copy of
15 the person's military orders.
16 (b) To reactivate service, the person shall notify the service provider
17 within thirty days of the date of his discharge from active military service. No
18 fee shall be charged for reactivation.
19 (2) Termination. A contract may be terminated by notice requesting
20 termination of the contract. A copy of the person's military orders shall be
21 included in the notice. No termination or cancellation fee or penalty shall be
22 imposed, and termination shall become effective on the day notice is given to the
23 service provider.
24 (3) Notice to the service provider shall be made in writing or by
25 electronic communication.
26 (4) The provisions of this Section shall supersede and control to the
27 extent of conflict with any other provision of law. A contract provision in
28 conflict with the provisions of this Section, or that attempts to waive the
29 provisions of this Section, shall be void and unenforceable as contrary to public
30 policy.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 114 ENROLLED
1 * * *
2 §422. Enforcement of Servicemembers Civil Relief Act; Uniformed Services
3 Employment and Reemployment Rights Act; notice requirements
4 A.(1) The provisions of the Servicemembers Civil Relief Act (50 App. U.S.C.
5 501 et seq.) (50 U.S.C. 3901 et seq.) (SCRA) and the Uniformed Services
6 Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.) (USERRA) are
7 adopted and made a part of this Part, and all of the benefits, protections, and rights
8 provided in SCRA and USERRA shall be applicable to all persons called to service
9 in the uniformed services as defined in R.S. 29:403 and shall be enforceable pursuant
10 to the provisions of this Section.
11 (2) The Louisiana Workforce Commission shall make available the following
12 notice that every employer shall post in a conspicuous place in each employment
13 establishment:
14 "If you are in the national guard, military reserves, or active in the military,
15 you have certain protected employment and reemployment rights, freedom from
16 discrimination rights, and civil relief rights under federal law 38 U.S.C. 4301 et seq.
17 (USERRA) and 50 App. U.S.C. 501 et seq. 50 U.S.C. 3901 et seq. (SCRA) and state
18 law R.S. 29:401 et seq. (MSRA). If you feel that you have been discriminated against
19 or denied such rights on account of your service in the uniformed services, contact
20 the Employer Support of the Guard and Reserve Committee at 1-800-336-4590."
21 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
