[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6070 Introduced in House (IH)]







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.''.
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