Alaska Statutes: AS 26.05.135. Applicability of Servicemembers Civil Relief Act to Members of the Organized Militia; Contracts.

Alaska Statutes. Title 26. Military Affairs, Veterans, Disasters, and Aerospace Chapter 5. Code of Military Justice Section 135. Applicability of Servicemembers Civil Relief Act to Members of the Organized Militia; Contracts.

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AS 26.05.135. Applicability of Servicemembers Civil Relief Act to Members of the Organized Militia; Contracts.

   (a) The provisions of 50 U.S.C. 3901 - 4043 (Servicemembers Civil Relief Act), pertaining to consumer transactions and the temporary suspension of enforcement of civil liabilities of persons in the military service of the United States, apply to members of the organized militia while on active duty for the state by order of the governor.
   (b) In addition to the rights and protections provided under 50 U.S.C. 3901 - 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may terminate a contract for any of the following services provided in this state if the servicemember receives official orders to relocate for a period of military service of at least 90 days to a location that does not support the contract and the servicemember provides written notice to the service provider as required under (c) of this section:
        (1) Internet services;
        (2) athletic club or gym memberships;
        (3) satellite radio services; or
        (4) television services.
   (c) To terminate a contract under (b) of this section, the servicemember shall provide the service provider with (1) written notice that the servicemember is terminating the contract and the date the contract terminates, and (2) proof of the official orders calling the servicemember into active military service. If possible, the servicemember shall provide the proof of the official orders at the same time the servicemember provides written notice terminating the contract. If, because of military necessity or other circumstances, the servicemember is unable to provide proof of official orders at the time the servicemember provides written notice terminating the contract, the servicemember shall provide proof of the official orders not more than 90 days after providing written notice terminating the contract. A termination of contract under this section is effective on the later of the following: the termination date the servicemember indicates in the written notice terminating the contract or the date the servicemember provides the written notice terminating the contract.
   (d) A servicemember who terminates a contract under this section may reinstate the contract when the servicemember is no longer in active military service if the servicemember provides written notice not later than 90 days after the active military service ends. Not later than 30 days after receiving a written notice of reinstatement of a contract under this subsection, a service provider shall resume providing services under the contract to the servicemember or, if the services previously provided are no longer available, shall provide substantially similar services to the servicemember.
   (e) A service provider may not charge to a servicemember a penalty, fee, or other cost, or retain the deposit of a servicemember, who terminates a contract under this section. A servicemember who terminates a contract under this section is not liable for payment for any services after the effective date of the termination of a contract under this section.
   (f) In this section,
        (1) “organized militia” includes the units of the militia described in AS 26.05.010(b)(1);
        (2) “servicemember” means a member of the armed forces of the United States or a member of the organized militia of the state.

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