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Military Spouses Residency Relief Act awaits the President's approval

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  • By The office of Rep. John Spratt
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WASHINGTON --  The U.S. House of Representatives this week passed and sent to the President the Military Spouses Residency Relief Act (S. 475). The bill, co-sponsored by Rep. John Spratt (D-S.C.), gives military spouses the ability to keep or change residency when they move from station to station, as is done for service members.

"This bill eliminates the need to change vehicle and voter registrations and to file tax returns for multiple states with each move," said Spratt, a senior member on the Armed Services Committee. "It's a priority for military families, and I was pleased to cosponsor it."

Voting: The measure provides that, for purposes of voting in federal, state, or local elections, if a spouse of a servicemember leaves a state in order to accompany a husband or wife who is on military or naval orders, the spouse would not be deemed to have lost residence or domicile in the "home" state, or to be deemed to have acquired residence or domicile in the "new" state. These changes would apply with respect to absences from states after the date of enactment, regardless of the date of the relevant military or naval orders.

Taxes: The bill provides that, for purposes of income taxes and personal property taxes, spouses of servicemembers would not be deemed to have lost or acquired domicile or residence in a tax jurisdiction solely because they moved with a service member who is in compliance with military orders. The measure also provides that income for services performed by spouses of servicemembers would not be deemed to be income in a tax jurisdiction where the spouse is located solely based on the fact that the move was due to complying with military orders.

Land Rights: Under current law, a servicemember is entitled to have certain residency requirements suspended for purposes of exercising land rights, such as mining claims or homesteading, on public lands. This protection applies with respect to requirements related to the establishment of residency within a limited time. Those requirements are suspended for a servicemember seeking entry onto public lands until 180 days after termination of or release from military service. The bill extends these same rights to spouses of servicemembers who move on military orders.

A comprehensive military family legislation, the Military Spouses Residency Relief Act (S 475 and HR 1182), which will legally recognize military spouses by providing them the option to claim the same state of domicile as their active duty spouse, passed through the House and Senate with strong bipartisan support, and is now being brought before the President to become a law.

The bill was introduced by Congressman John Carter (R-Tex.), who represents Fort Hood, the largest military installation in the country. "This is fantastic news for our service families worldwide," says Carter, who has been pushing the legislation for the last three years.

Senators Richard Burr (R-N.C.) and Dianne Feinstein (D-Calif.) introduced the companion bill into the Senate, which passed unanimously in August. The legislation will amend the Servicemember's Civil Relief Act of 1940 allowing military spouses to share a home state with their spouse, the servicemember.

Currently, military spouses experience impediments in voting and property ownership as well as deterrents in employment and education. The bill offers fair treatment of the military spouse and improves the quality of life for military families by allowing the stability of a single state of domicile to call home.

Over 8,000 military spouses, friends and family members united to support the Military Spouses Residency Relief Act on Facebook. They shared their individual stories as they contacted Congressional representatives to ask for support. Initially, Army Spouse, Rebecca Poynter and Navy Spouse, Joanna Williamson, approached Congressman Carter with their request to petition. "It has been a grass roots effort by thousands of spouses across the country, who have campaigned to get this passed, by telling their stories," explained Poynter.

"The support from Military Officers Association of America and the Veterans Service Organizations, whom testified in our support is greatly appreciated," said Williamson, "and together we claim this victory for all military families."