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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 1, 2019
S. 455
S. Printed 5/1/19--H.
Read the first time March 7, 2019.
TO AMEND SECTION 40-1-630(A) OF THE 1976 CODE, RELATING TO TEMPORARY PROFESSIONAL LICENSES, TO PROVIDE THAT A BOARD OR COMMISSION SHALL ISSUE A TEMPORARY PROFESSIONAL LICENSE TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES UNDER CERTAIN CIRCUMSTANCES, AND TO AMEND SECTION 40-1-640(A) OF THE 1976 CODE, RELATING TO THE CONSIDERATION OF EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY AN INDIVIDUAL AS A MEMBER OF THE MILITARY, TO PROVIDE THAT A PROFESSIONAL OR OCCUPATIONAL BOARD OR COMMISSION SHALL ACCEPT THE EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY A MEMBER OF THE MILITARY IN ORDER TO SATISFY THE QUALIFICATIONS FOR ISSUANCE OF A LICENSE OR CERTIFICATION OR APPROVAL FOR LICENSE EXAMINATION IN THIS STATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "Armed Service Members and Spouses Professional and Occupational Licensing Act".
SECTION 2. Article 1, Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-170. (A) Except as provided in subsection (G), and notwithstanding other provisions of law, this section applies to a board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the State of South Carolina. A board, commission, or agency providing professional licenses or certificates, or both, may promulgate rules in conformity with this section for the purpose of implementing its requirements.
(B) Except as provided in subsection (G), and notwithstanding another provision of law, this section applies to individuals who:
(1) are married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;
(2) have not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate;
(3) have not been disciplined by an authorized entity or are under investigation, in any jurisdiction, in relation to a professional license or certificate; and
(4) pay any required fee and submit to any required criminal or other background check by an authorized board, commission, or agency in this State.
(C) An eligible individual under subsection (B) who possesses a valid professional or occupational license or certificate in another state, district, or territory of the United States with licensing or certification requirements greater than or substantially similar to the licensing or certification requirements of the appropriate board, commission, or agency in this State must be approved to continue work in that profession or occupation upon relocation to this State for such time as normally allotted with receipt of a license or certificate from the appropriate board, commission, or agency.
(D) Upon completion of an application that documents compliance with the receiving agency's requirements for a certificate or license, an authorized board, commission, or agency shall process the application and issue a license within fifteen business days after receipt of the application.
(E) In addition to general personal information about the applicant, and other documentation satisfying the receiving agency's requirements for a certificate or license, the application must include proof that he:
(1) is married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;
(2) possesses a valid license or certificate in another state, district, or territory of the United States; and
(3) holds the license in subsection (B) in 'good standing' as evidenced by a certificate of good standing from the state, district, or territory of the United States that issued the license.
(F) A board, commission, or agency in this State may establish reciprocity with other states for military spouse professional licensing and certification.
(G) This section does not apply to:
(1) the practice of law or the regulation of attorneys; and
(2) educators.
(H) A license or certificate issued pursuant to this section is valid for the same period of time as a license or certificate issued pursuant to the requirements of the applicable title for the particular profession or occupation.
(I) Nothing in this section prevents a board, commission, or agency from revoking, penalizing, or suspending a license pursuant to the appropriate code sections regulating the particular profession."
SECTION 3. Section 40-1-640(A) of the 1976 Code is amended to read:
"(A) A professional or occupational board or commission governed by this title may shall accept the education, training, and experience completed by an individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state and apply this education, training, and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or certification or approval for license examination in this State, subject to the receipt of evidence considered satisfactory by the board or commission."
SECTION 4. Section 40-1-630 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on May 1, 2019 at 7:15 PM