1     
SERVICE MEMBER LENDING PROTECTIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson S. Burton

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill provides to certain military service members protections from certain
10     obligations or liabilities under lending and other business relationships when the nature
11     of military service impacts the service member's ability to fulfill the obligation or
12     liability.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     grants rulemaking authority to the Department of Veterans and Military Affairs;
17          ▸     prohibits interest rates for certain obligations or liabilities in excess of 36% for
18     service members in certain circumstances;
19          ▸     provides to service members certain protections related to an installment contract
20     during certain times of the service member's military service;
21          ▸     allows a service member to petition a court for relief in certain circumstances; and
22          ▸     provides similar protections to dependents of service members.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a coordination clause.
27     Utah Code Sections Affected:

28     ENACTS:
29          71-15-101, Utah Code Annotated 1953
30          71-15-102, Utah Code Annotated 1953
31          71-15-103, Utah Code Annotated 1953
32          71-15-104, Utah Code Annotated 1953
33          71-15-105, Utah Code Annotated 1953
34          71-15-106, Utah Code Annotated 1953
35     Utah Code Sections Affected by Coordination Clause:
36          71-15-101, Utah Code Annotated 1953
37          71-15-102, Utah Code Annotated 1953
38          71-15-103, Utah Code Annotated 1953
39          71-15-104, Utah Code Annotated 1953
40          71-15-105, Utah Code Annotated 1953
41          71-15-106, Utah Code Annotated 1953
42          71A-9-101, Utah Code Annotated 1953
43          71A-9-102, Utah Code Annotated 1953
44          71A-9-103, Utah Code Annotated 1953
45          71A-9-104, Utah Code Annotated 1953
46          71A-9-105, Utah Code Annotated 1953
47          71A-9-106, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 71-15-101 is enacted to read:
51     
CHAPTER 15. CIVIL RELIEF FOR SERVICE MEMBERS

52     
Part 1. Civil Relief Provisions

53          71-15-101. Definitions.
54          As used in this chapter:
55          (1) "Dependent" means the spouse and children of a service member or any other
56     individual dependent upon the service member for support as determined by the service
57     member's participation in the defense eligibility reporting system.
58          (2) "Interest" means service charges, renewal charges, fees, or any other charges in

59     respect to any obligation or liability.
60          (3) "Service member" means a currently serving member of the armed forces.
61          (4) "Utah-based military organization" means a military organization headquartered in
62     this state.
63          Section 2. Section 71-15-102 is enacted to read:
64          71-15-102. Applicability -- Rulemaking.
65          (1) Service members, when assigned to a Utah-based military organization, have
66     additional rights and protections as provided in this part, and by federal law, for activation to
67     military service.
68          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
69     department may make rules to implement this chapter.
70          Section 3. Section 71-15-103 is enacted to read:
71          71-15-103. Maximum rate of interest.
72          (1) (a) Except as provided in Subsection (1)(b), an obligation or liability bearing
73     interest at a rate in excess of 36% per year incurred by a service member assigned to a
74     Utah-based military organization after the service member's entry into military service may not,
75     during any part of the period of military service, bear interest at a rate in excess of 36% per
76     year.
77          (b) Upon application to the court by the obligee, if in the opinion of the court, the
78     ability of the service member to pay interest upon the obligation or liability at a rate in excess
79     of 36% per year is not materially affected by reason of the service member's service, the court
80     may allow the obligee to charge the interest at a rate in excess of 36% per year according to the
81     contract.
82          (2) A court may make any order in the action described in Subsection (1)(b) that, in the
83     court's opinion, is just.
84          (3) Any person who knowingly issues credit in excess of the amount described in
85     Subsection (1) to a service member assigned to a Utah-based military organization is guilty of a
86     class B misdemeanor.
87          Section 4. Section 71-15-104 is enacted to read:
88          71-15-104. Installment contracts.
89          (1) A creditor of a service member who, after entry into military service and assigned

90     to a Utah-based military organization, has entered into an installment contract for the purchase
91     of real or personal property, may not terminate the contract or repossess the property for
92     nonpayment or any breach occurring during military service without an order from a court of
93     competent jurisdiction.
94          (2) A court, upon application to the court under this section, may, unless the court finds
95     on the record that the ability of the service member to comply with the terms of the contract is
96     not materially affected by reason of the service member's military service:
97          (a) order repayment of any prior installments or deposits as a condition of terminating
98     the contract and resuming possession of the property;
99          (b) order a stay of the proceedings on the court's own motion, or on motion by the
100     service member or another individual on the service member's behalf; or
101          (c) make any other disposition of the case the court considers to be equitable to
102     conserve the interests of all parties.
103          (3) Any person who knowingly repossesses property which is the subject of this section
104     other than as provided in Subsection (1) is guilty of a class B misdemeanor.
105          Section 5. Section 71-15-105 is enacted to read:
106          71-15-105. Dependent benefits.
107          (1) Except as provided in Subsection (2), a dependent of a service member in military
108     service is entitled to the benefits accorded to service members in military service in Sections
109     71-15-103 and 71-15-104.
110          (2) Upon application to a court, if in the opinion of the court, the ability of the
111     dependent to comply with the terms of the obligation, contract, lease, or bailment has not been
112     materially impaired by reason of the military service of the service member upon whom the
113     applicant dependent, the court may enforce the terms of the obligation, contract, lease, or
114     bailment.
115          Section 6. Section 71-15-106 is enacted to read:
116          71-15-106. Application for relief.
117          (1) A service member may, at any time during the service member's period of military
118     service while assigned to a Utah-based military organization, or within 60 days after discharge
119     or termination, apply to a court for relief in respect of any obligation or liability incurred by the
120     service member before the service member's period of military service.

121          (2) A court, after appropriate notice and hearing, unless in the court's opinion the
122     ability of the applicant to comply with the terms of the obligation or liability has not been
123     materially affected by reason of the service member's military service, may grant the relief
124     described in Subsection (3) or (4).
125          (3) (a) Subject to Subsection (3)(b), in the case of an obligation payable in installments
126     under a contract for the purchase of real estate, or secured by a mortgage or other instrument in
127     the nature of a mortgage upon real estate, a court may grant a stay of the enforcement of the
128     obligation:
129          (i) during the applicant's period of military service; and
130          (ii) from the date of termination of the period of military service, or from the date of
131     application, if made after termination of state military service, for a period equal to the sum of:
132          (A) the period of the remaining life of the installment contract or other instrument; and
133          (B) a period of time equal to the period of military service of the applicant, or any part
134     of the combined period.
135          (b) A stay described in Subsection (3)(a) is subject to payment of the balance of
136     principal and accumulated interest due and unpaid at the date of termination of the period of
137     military service or from the date of application, in equal installments during the combined
138     period at the rate of interest on the unpaid balance as is prescribed in the contract, or other
139     instrument evidencing the obligation, for installments paid when due, and subject to any other
140     terms as the court may consider just.
141          (4) (a) Subject to Subsection (4)(b), in the case of any other obligation or liability not
142     described in Subsection (3), a court may grant a stay of the enforcement:
143          (i) during the applicant's period of military service and, from the date of termination of
144     the period of military service; or
145          (ii) from the date of application, if made after termination of the period of military
146     service, for a period of time equal to the period of military service of the applicant or any part
147     of that period.
148          (b) A stay described in Subsection (4)(a) is subject to payment of the balance of
149     principal and accumulated interest due and unpaid at the date of termination of the period of
150     military service, or the date of application, in equal periodic installments during the extended
151     period at the rate of interest prescribed for the obligation or liability, if paid when due, and

152     subject to other terms the court considers to be reasonable and just.
153          (5) If a court grants a stay as provided in this section, a fine or penalty may not be
154     accrued for failure to comply with the terms or conditions of the obligation or liability for
155     which the stay was granted during the period in which the person complied with the terms and
156     conditions.
157          Section 7. Coordinating H.B. 455 with H.B. 67 -- Substantive and technical
158     amendments.
159          If this H.B. 455 and H.B. 67, Title 71A - Veterans and Military Affairs, both pass and
160     become law, it is the intent of the Legislature that the Office of Legislative Research and
161     General Counsel shall prepare the Utah Code database for publication as follows:
162          (1) renumbering Title 71, Chapter 15, Civil Relief for Service Members, in H.B. 455 to
163     be Title 71A, Chapter 9, Civil Relief for Service Members;
164          (2) renumbering Title 71, Chapter 15, Part 1, Civil Relief Provisions, in H.B. 455 to be
165     Title 71A, Chapter 9, Part 1, Civil Relief Provisions;
166          (3) renumbering Section 71-15-101 in H.B. 455 to be Section 71A-9-101;
167          (4) renumbering Section 71-15-102 in H.B. 455 to be Section 71A-9-102;
168          (5) renumbering Section 71-15-103 in H.B. 455 to be Section 71A-9-103;
169          (6) renumbering Section 71-15-104 in H.B. 455 to be Section 71A-9-104;
170          (7) renumbering Section 71-15-105 in H.B. 455 to be Section 71A-9-105;
171          (8) renumbering Section 71-15-106 in H.B. 455 to be Section 71A-9-106; and
172          (9) replacing the language "Sections 71-15-103 and 71-15-104" with "Section
173     71A-9-103 and 71A-9-104" in Section 71A-9-105.