Text: H.R.6070 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Introduced in House (05/15/2008)


110th CONGRESS
2d Session
H. R. 6070

To amend the Servicemembers Civil Relief Act to guarantee the residency of spouses of military personnel.


IN THE HOUSE OF REPRESENTATIVES
May 15, 2008

Mr. Carter (for himself, Mr. Burgess, Mr. Conaway, Mr. Pearce, Mr. Thornberry, Mr. Kucinich, Mr. Wilson of South Carolina, Mr. McCotter, Mr. King of New York, Mr. Ferguson, Mr. McHugh, Mr. McCrery, Mr. McCarthy of California, Mr. Dent, Mr. Rehberg, Mr. Brown of South Carolina, Mr. Latta, Mr. Barrett of South Carolina, Mr. Terry, Mr. Putnam, Mr. Gingrey, Mr. Cole of Oklahoma, Mr. Culberson, Mr. Boustany, Mr. McDermott, Mr. Sires, Mr. Holt, Mr. Kennedy, Mr. Cantor, Mr. Dreier, Mr. Boehner, Mr. Blunt, Mr. Rodriguez, Mr. Brady of Texas, Mr. Neugebauer, Mrs. Blackburn, Ms. Ginny Brown-Waite of Florida, Ms. Granger, Mr. Sullivan, Mr. Edwards, Mr. Rogers of Michigan, Mr. Marshall, Mr. Cuellar, Mr. Poe, Mr. Hinojosa, Mr. Miller of Florida, Mrs. Musgrave, Mr. David Davis of Tennessee, Mr. Gallegly, Mr. Hall of Texas, Mr. Ross, Mr. Mica, Mr. Deal of Georgia, Mr. Broun of Georgia, Mr. Coble, Ms. Foxx, Mr. Turner, Mr. Hensarling, Mr. Smith of Texas, Mr. Shuster, Mr. McCaul of Texas, Mr. Kingston, Mr. Boozman, Mr. Kline of Minnesota, Ms. Ros-Lehtinen, Mr. Rangel, Mr. Lincoln Davis of Tennessee, and Mrs. Myrick) introduced the following bill; which was referred to the Committee on Veterans’ Affairs


A BILL

To amend the Servicemembers Civil Relief Act to guarantee the residency of spouses of military personnel.

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 “Military Spouses Residency Relief Act”.

SEC. 2. Guarantee of residency for spouses of military personnel.

(a) Guarantee of residency.—Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended—

(1) by striking “For” and inserting “(a) For”; and

(2) by adding at the end the following new subsection:

“(b) For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—

“(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;

“(2) be deemed to have acquired a residence or domicile in any other State; or

“(3) be deemed to have become a resident in or a resident of any other State.”.

(b) Clerical amendments.—

(1) The heading for such section is amended to read as follows:

“SEC. 705. Guarantee of residency for military personnel and spouses of military personnel”.

(2) The item relating to such section in the table of contents in section 1(b) of such Act is amended to read as follows:


“Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.”.


SEC. 3. Residence for tax purposes.

Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(a)) is amended—

(1) by inserting “(1)” before “A servicemem­ber”; and

(2) by adding at the end the following:

“(2) A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.”.