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Shown Here: 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.”.
