H. B. 4393
(By Delegates Iaquinta and Swartzmiller)
[Introduced February 8, 2010; referred to the
Committee on Veteran's Affairs and Homeland Security then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-1F-11, relating
to adopting the Servicemembers Civil Relief Act into West
Virginia 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.
When a member of the West Virginia National Guard has been
ordered or called to active military service under Title 10 or
Title 32, United States Code, or state active duty greater than
thirty days, or when a member of the military reserve is ordered to active federal service under Title 10 of the United States Code,
then all protections, rights, provisions and otherwise as
established in the "Servicemembers Civil Relief Act", 50 App.
United States Code, 501 et seq. will be adopted as state law. As
such, the courts of this state shall be guided by the
interpretation given by federal courts to the various federal
statutes dealing with the same or similar matters. To this end,
this article shall be liberally construed so that its beneficial
purposes may be served.
NOTE: The purpose of this bill is to adopt the Servicemembers
Civil Relief Act into West Virginia law.
§15-1F-11 is new; therefore, it has been completely
underscored.