Fulfilling Residency Requirements

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doggod

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The definition of  a "fulltimer" I'd like to use for this discussion is a person who truly has no other home.  Owns no real estate anywhere, never stays in one state more than maybe three months or so at a time. That's who I am, and that brings up my question.

Every state I've looked at seems to have some requirement that you have a physical "residence" there of some kind. I get my mail in Alaska, since that's where I lived when I first started fulltiming.  I still have the motor home licensed there, since I just renew it on-line and the residency issue doesn't come up in that process. 

But I bought a car in Arizona, which is now licensed there, and its registration will be expiring in December.  I looked to see if I could also license it in Alaska, and I see that to do so I have to declare an address ("not a mail forwarding address") as my residence.  I've given some thought to just making something up -- since they allow you to list a separate mailing address, presumably no mail would ever be sent to this bogus address, so who cares?

But that led me to doing some research on other states to see if I could find one where I didn't have to lie.  Interestingly, I couldn't find one. So that piqued my curiosity, and since there are quite a few fulltimers, I thought there surely must be some state that allows you call it "home" without really living there.

A related issue is, of course, the entanglements that can come with "residency, such as taxes and jury duty.  Naturally, since I don't plan on physically liviing in this "home", I don't plan on taking advantage of any of the so-called "services" provided by its government and so thus don't wish to obligate myself to pay taxes for the services I don't plan to receive. And, perhaps more emphatically, to serve on juries that may be empaneled thousands of miles from where I currently am spending my time.

How do other fulltimers deal with this?
 
We have articles in our library  as well as numerous topics in the section that address the issue of full timing.  You don't need a permanent residence but you do need a domicile.  That's defined as a place where you intend to return to.  You establish your mailing address, vehicle registration and driver's license, voter registration, etc. in that place.  There is no need to own real estate there, although some do.  The key issue is if you don't take steps to establish your domicile the states will do so for you, and not to your advantage.

The most popular states for a full timer to establish domicile in are Texas, Florida and South Dakota, all of which are non-income tax states.  However, that's only one consideration, and everyone's situation is different.
 
I have read the article in the library that I thought would pertain to this question, but it didn't seem to address it.  I also did a search on the term I used for the subject of this thread, and it yielded nothing.

Your comment evokes another question for me, though:
>>The key issue is if you don't take steps to establish your domicile the states will do so for you, and not to your advantage.<<

What steps will "the states" take in establishing a domicile for me?  Which state(s) will do so, lacking any action on my part to do so for myself?
 
Search on domicile, not residency.  Read all the articles in the library section on Fulltiming.

If a state has reason to consider you domiciled there, such as working there, they will want to collect income taxes and even require you to register your vehicles and get licensed there.  That can be expensive.  As to which states, any state could do so, but California is noted for being particularly aggressive in the matters.
 
The problem for fulltimers is that state laws, regulations and forms all tend to equate domicile with residency and require a physical address for many things, which I think is what doggod is asking about.  Florida, with a large population of snowbird transients, was  used to dealing with temporary residences in their government offices, but other states were often not so understanding.  But now, the new federal requirements of verifiable documentation for driver's license IDs is making this harder rather than easier - I expect a rash of problems for fulltime RVers as their licenses come up for renewal over the next several years. I know Florida will require me to provide verifiable documents to prove who I am at the next renewal, even though I have been licensed in Florida for 32 years. Either an original birth certificate or a passport plus something that shows I have a presence in the state, e.g. a utility bill in my name.
 
As is explained in the Article on Full Timing Residency/Domicile SD DOES NOT require anything other than a mailing address in SD for DL and Vehicle Registration. You do not have to provide any false statements you simply have to get a mailbox or PMB from a commercial Mail Box provider in the state.

To register to vote you will be required to spend the night at a campground the day you register and use that address for your registration. They will mail your Voter Registration Card to that address and if you leave a postage paid self-addressed envelope almost all cg's will forward the card to you. Once you receive it you can change the mailing address to your PMB and use it for absentee voting. IF you have not spent the past 30 days in Minnehaha County you will not be allowed to vote in local elections. This was the result of a very public debate over 8000 RVers being registered in one campground and was a compromise worked out to insure that we did not control local precinct election results. The point being nothing is being hidden or misrepresented in how RVers establish SD as their domicile.

Texas is very similar except Livingston requires a physical address but they accept Escapees as a valid one. Again there has been a lot of local discussions about this so nothing is being done in the shadows.
 
doggod said:
.....What steps will "the states" take in establishing a domicile for me?  Which state(s) will do so, lacking any action on my part to do so for myself?
Click to expand...

I see you have one vehicle registered in Arizona. If you spend more than 6 months a year in Arizona I believe they consider you a Arizona resident. If for some reason you get on their radar they will force you to get a Arizona driver license and register your vehicles in Arizona and will want income tax.

We are Alaska residents and have all our vehicles registered in Alaska. We are registered to vote in Alaska, have Alaska driver licenses, everything we can do to prove that Alaska is our DOMICILE.

For you to register the vehicle you have registered in Arizona in Alaska you would have to go to an Alaskan DMV. You can't do it by mail or on the net. Do you have a friend in Alaska that you can use their address? Once the vehicle is registered you can change the address to anything you want, Alaska doesn't care. Just don't try and collect the PFD.
 
Escapees has good relations with Texas and the local county government.   Texas accepts the Escapees mail forwarding facility as a physical address for residency and voting purposes.   Polk County is quite accommodating towards fulltimers.   You will have to go to Livingston to get your drivers license and cars registration and to sign up to vote, but if you ever get a jury summons, all you have to do call them and say that you're a fulltimer and you'll check in with them the next time you're in the area.   Registration renewals can be handled through the mail, but you will need to get a safety inspection the next time your car enters Texas.
 
There has been one recent change in SD regarding renewing a drivers license.
According to information in the last  Alternative Resources newsletter (and an email exchange I had with the owner some months back) you now have to spend one night in SD and furnish a receipt from a hotel, motel, or RV park to the DMV when you renew. You do not have to renew in your domicile city - any city in SD will work.

Regarding the question concerning jury duty.
My domicile is Sioux Falls in Minnehaha county. I got a jury summons a couple of years ago. I called the court clerk and was told not to fill out the form but to write "I live full time in my RV" on it and send it back. She said she would remove me and my wife from the rolls.
I have heard that the judge in at least one other county - the one Mitchell is in maybe? - is not so accommodating  but I can't verify that.
 
Clay L said:
There has been one recent change in SD regarding renewing a drivers license.
According to information in the last  Alternative Resources newsletter (and an email exchange I had with the owner some months back) you now have to spend one night in SD and furnish a receipt from a hotel, motel, or RV park to the DMV when you renew. You do not have to renew in your domicile city - any city in SD will work.
Click to expand...

Clay,

I just went to the South Dakota DMV site.  I couldn't find any requirement for receipts from hotels, etc. for acquiring or renewing a license.  Can you cite a public source for your information?

Jeannine
 
Jeannie:

According to the info Alternative Resources sent us this will start in 2010 and was necessary to put SD in compliance with the Federal Real ID Act requirements.
 
I thought South Dakota was still opposing the Read ID act, but have to admit I haven't been following the issue recently.

I do recall that we had to provide a "real" street address in order to register to vote, but no documentation was required.

Jeannine
 
Jeannine said:
Clay,

I just went to the South Dakota DMV site.  I couldn't find any requirement for receipts from hotels, etc. for acquiring or renewing a license.  Can you cite a public source for your information?

Jeannine
Click to expand...

Alternative Resources has posted the info HERE.
That is what was sent out in the last newsletter.

The following is from an email that Paul (owner of Alternative Resources) sent me and gave me permission to pass along.

"Full timers  will have to stay ONE night in a campground or motel and show a receipt from them to renew or get a SD drivers license.  You will still put your address on the license as your address here with us.

I made many phone calls to our state legislators and the State of SD to make sure they came up with something that would allow you to get the drivers license that meets the REAL ID ACT  and is accepted by the Federal Government.  You will still be able to get or renew your license anywhere in the state and put your mail forwarding  address on your license.

I just called Jane Schrank who is the assistant to Cindy Gerber who is the head of the Department of Public Safety. Director of Driver Licensing. Jane is going to contact the licensing offices to make sure they are giving out the correct information to you."
 
Clay,

Thanks for the link.

It still doesn't make sense to me.  The Real ID act requires an address of principal residence.  I don't see how a receipt from one night in a motel or campground establishes proof of residence, much less principal residence. 

Jeannine
 
I did some research today on the Real ID act and finally found the final rules issued by the Department of Homeland Security.

Here's the definition of principal residence:

"Principal residence means the location where a person currently resides (i.e., presently resides even if at a temporary address) in conformance with the residency requirements of the State issuing the driver's license or identification card, if such requirements exist"

Each state can decide how to document it:

"To document the address of principal residence, a person must present at least two documents of the State's choice that include the individual's name and principal residence. A street address is required except as provided in Sec.  37.17(f) of this part."

So if South Dakota will accept a campground receipt, that's OK with me.  I don't have to renew my license for a few more years.

I found the rules at http://edocket.access.gpo.gov/2008/08-140.htm

Jeannine

 
The Real ID Act is far from accomplished fact.  There is a lot of opposition from not just organizations like the EFF, EPIC and ACLU but from many states as well.
 
I don't think SD thinks much of the Act, they just want their residents to be able to get on an airplane next year.
 
Jeannine said:
It still doesn't make sense to me.  The Real ID act requires an address of principal residence.  I don't see how a receipt from one night in a motel or campground establishes proof of residence, much less principal residence. 
Click to expand...

"Full timers  will have to stay ONE night in a campground or motel and show a receipt from them to renew or get a SD drivers license. 

=====You will still put your address on the license as your address here with us.====


 
Phil:

It only sounds mixed up in Utah but makes perfect sense in SD. ;D ;D ;D
 
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