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Bill > S2414


NJ S2414

NJ S2414
Creates New Jersey Servicemembers' Civil Relief Act.


summary

Introduced
01/29/2024
In Committee
01/29/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill creates the New Jersey Servicemembers' Civil Relief Act and repeals the "New Jersey Soldiers' and Sailors' Civil Relief Act of 1979," (C.38:23C-1 et seq.). The purpose of the bill is to update and modernize the benefits and protections afforded to military servicemembers and their dependents and to bring such benefits and protections in line with those provided for by federal law. No benefits or protections are reduced in this bill.This bill, expands the definition of those who are protected under New Jersey law, reconciles any differences between State and federal law, and affords greater protections to servicemembers in the State. These protections include:· Mandatory stays of civil proceedings and executions of judgments in circumstances when the servicemember's ability to represent himself is materially affected by his military service;· Allowance of application for anticipatory relief by theservicemember;· Protections against default judgments which cannot be properly defended by reason of military service;· Relief from contracts that cannot be performed due to military service;· Tolling of the statute of limitations during the period ofmilitary service;· A maximum six-percent rate of interest on debts incurredbefore military service;· Relief related to evictions, foreclosures, and certain taxes;· Termination of leases executed before an individual was called into military service;· Protections against liens for storage, repair, and cleaning of property and effects;· Automatic extension of the power of attorney for servicemembers who have entered missing status;· Protections regarding life insurance, professional liability insurance, and health insurance;· Employment protections for those returning from military service;· Reservation of land rights provided under federal law;· Procedures to effect waiver of any rights provided under the act; and· Creation of a civil action which may be brought by theAttorney General or a person aggrieved by a violation of the act.

AI Summary

This bill establishes the New Jersey Servicemembers' Civil Relief Act, replacing the older "New Jersey Soldiers' and Sailors' Civil Relief Act of 1979," to modernize and expand protections for military servicemembers and their dependents, aligning them with federal law. Key provisions include mandatory stays of civil proceedings and judgment enforcement when military service hinders a servicemember's ability to defend themselves, allowing for anticipatory relief, and protecting against default judgments. It also offers relief from contracts that cannot be fulfilled due to military service, tolls statutes of limitations during service, caps interest on pre-service debts at six percent, and provides protections related to evictions, foreclosures, and certain taxes. Furthermore, the bill allows for the termination of leases signed before active duty, shields servicemembers from liens on stored property, automatically extends powers of attorney for those missing in action, and safeguards life, professional liability, and health insurance. Employment protections are included for returning servicemembers, land rights under federal law are preserved, and clear procedures for waiving rights are established, with the Attorney General empowered to bring civil actions against those who violate the act.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Military and Veterans' Affairs Committee (on 01/29/2024)

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