§ 12-62-704 — Applicability - Definition

(a) As used in this subchapter, "primary residence" means the place of abode leased by a soldier, an airman, or the spouse of a soldier or airman: (1) That the soldier, airman, or spouse of the soldier or airman has listed as his or her primary residence in the Army Military Human Resource Record, the Military Personnel Data System, or any other official military system of record; or (2) For which rent is paid using the housing allowance issued to the soldier or airman by the Arkansas National Guard. (b) This subchapter and the benefits of this subchapter apply to and may be claimed by a soldier, an airman, or the spouse of a soldier or airman of the Arkansas National Guard who meets one (1) of the following requirements: (1) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under state law for a period of more than one hundred eighty (180) continuous days; (2) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under the provisions of Title 32, United States Code, for a period of more than one hundred eighty (180) continuous days; (3) The soldier or airman is ordered into active duty by the Governor under state law or under Title 32 of the United States Code for any period of time as a direct result of the execution of an Emergency Management Assistance Compact or proclamation by the Governor; or (4) For purposes of § 12-62-705 , the soldier or airman is: (A) Assigned to a permanent change of duty station that is located more than fifty (50) miles from his or her primary residence; or (B) Discharged or released from active military service: (i) After at least one hundred eighty (180) continuous days of active military duty; and (ii) Under honorable conditions.

Legislative History

Amended by Act 2021, No. 155,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 462,§ 13, eff. 7/24/2019. Acts 2003, No. 1003, § 4.