WEST virginia legislature

2016 regular session

Committee Substitute

for

Senate Bill 484

By Senators Romano, Leonhardt, Plymale and Kessler

[Originating in the Committee on Military; reported on February 11, 2016]

A BILL to amend and reenact §15-1F-8 of the Code of West Virginia, 1931, as amended, relating to the reemployment rights of military personnel.

Be it enacted by the Legislature of West Virginia:

That §15-1F-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.

'15-1F-8. Reemployment rights of members of the organized militia.

Members of the organized militia in the active service of the state or another state shall be entitled to the same reemployment rights granted to members of the reserve components of the Armed Forces of the United States by applicable federal law, including rights protected by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended, 38 U.S.C. §§ 4301-4334.  A violation of this section shall also create a state cause of action to enforce the rights and remedies of USERRA.

NOTE: The purpose of this bill is to protect the reemployment rights of military personnel in this state or another state, and to specifically reference USERRA.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.