COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 38
(By Senators Wells and D. Facemire)
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[Originating in the Committee on Military;
reported February 1, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-1F-11, relating
to creating the West Virginia Servicemembers Civil Relief Act;
and adopting the federal Servicemembers Civil Relief Act as
state law.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-1F-11, to read as
follows:
ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
§15-1F-11. West Virginia Servicemembers Civil Relief Act.
(a) When a member of the West Virginia National Guard has been
ordered or called to active military service under Title 10 or
Title 32 of the United States Code, or called to state active duty
by the Governor for a period of thirty days or more or when a
member of the military reserve is ordered to active federal service under Title 10 of the United States Code, all protections, rights
or benefits that may accrue to a member under the provisions of the
Servicemembers Civil Relief Act, 50 U. S. C. App., §501,
et seq.
shall be adopted as state law.
NOTE: The purpose of this bill is to adopt the Servicemembers
Civil Relief Act into West Virginia law.
This section is new; therefore, strike-throughs and
underscoring have been omitted.