Senate Bill No. 726
(By Senators Wells, Browning, Caruth, Jenkins and Plymale)
[Introduced March 23, 2009; referred to the Committee on
Military; and then to the Committee on 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 creating the West Virginia Service Members Civil Relief
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
ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
§15-1F-11. West Virginia Service Members 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, 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 "Service Members 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 adopt the Service Members
Civil Relief Act into West Virginia law.
This section is new; therefore, strike-throughs and
underscoring have been omitted.