To amend the Servicemembers Civil Relief Act to make certain improvements and technical corrections to that Act.

June 23, 2004

Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the following bill; which was referred to the Committee on Veterans' Affairs

To amend the Servicemembers Civil Relief Act to make certain improvements and technical corrections to that Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Servicemembers Legal Protection Act of 2004'.

SEC. 2. CLARIFICATION OF MEANING OF `JUDGMENT' AS USED IN THE ACT.

Section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 511) is amended by adding at the end the following new paragraph:

`(9) Judgment- The term `judgment' means any judgment, decree, order, or ruling, final or temporary.'.

SEC. 3. REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER THE ACT.

Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended--

(1) In subsection (a), by inserting after the first sentence the following new sentence: `Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies.';

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

`(c) Prominent Display of Certain Contract Rights Waivers- Any waiver in writing of a right or protection provided by this Act that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.'.

SEC. 4. RIGHT OF SERVICEMEMBER PLAINTIFFS TO REQUEST STAY OF CIVIL PROCEEDINGS.

Section 202(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(a)) is amended by inserting `plaintiff or' before `defendant'.

SEC. 5. TERMINATION OF LEASES.

(a) Joint Leases- Subsection (a) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended--

(1) by designating the text of that subsection as paragraph (1), inserting before `The lessee on a' the following: `IN GENERAL', redesignating paragraphs (1) and (2) thereof as subparagraphs (A) and (B), respectively, and realigning that text so as to be indented two ems to the right; and

(2) by adding at the end the following:

`(2) Joint leases- A lessee's termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.'.

(b) Motor Vehicles Leases-

(1) Applicability to pcs orders from states outside conus- Subparagraph (B) of subsection (b)(2) of such section is amended by striking `military orders for' and all that follows through `or to deploy' and inserting `military orders--

`(i) for a change of permanent station--

`(I) from a location in the continental United States to a location outside the continental United States; or

`(II) from a location in a State outside the continental United States to any location outside that State; or

`(ii) to deploy'.

(2) Definitions- Such section is further amended by adding at the end the following new subsection:

`(i) Definitions-

`(1) Military orders- The term `military orders', with respect to a servicemember, means 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 duty status.

`(2) Conus- The term `continental United States' means the 48 contiguous States and the District of Columbia.'.

(c) Coverage of Individual Deployments- Subsection (b) of such section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii) (as designated by subsection (b) of this section) by inserting `, or as an individual in support of a military operation,' after `deploy with a military unit'.

SEC. 6. PREVENTION OF DOUBLE TAXATION OF CERTAIN SERVICEMEMBERS.

Section 511(c) of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(c)) is amended by adding at the end the following new paragraph:

`(5) Use, excise, or similar taxes- A tax jurisdiction may not impose a use, excise, or similar tax on the personal property of a nonresident servicemember when the laws of the tax jurisdiction fail to provide a credit against such taxes for sales, use, exercise, or similar taxes previously paid on the same property to another tax jurisdiction.'.

END