South Carolina General Assembly
123rd Session, 2019-2020

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H. 3263

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, Erickson, Bradley, W. Newton, Huggins, Sandifer, Toole, Blackwell, Cogswell, Caskey, Atkinson, Hixon, Taylor, Fry, Weeks and Bales
Document Path: l:\council\bills\agm\19408wab19.docx

Introduced in the House on January 8, 2019
Introduced in the Senate on March 7, 2019
Last Amended on March 6, 2019
Currently residing in the Senate Committee on Banking and Insurance

Summary: Armed Service Members and Spouses Professional and Occupational Licensing

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2018  House   Prefiled
  12/18/2018  House   Referred to Committee on Labor, Commerce and Industry
    1/8/2019  House   Introduced and read first time (House Journal-page 148)
    1/8/2019  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 150)
   1/16/2019  House   Member(s) request name added as sponsor: Erickson, 
                        Bradley
   1/29/2019  House   Member(s) request name added as sponsor: W.Newton
   2/12/2019  House   Member(s) request name added as sponsor: Huggins
   2/21/2019  House   Member(s) request name added as sponsor: Sandifer
   2/26/2019  House   Member(s) request name added as sponsor: Toole
   2/27/2019  House   Member(s) request name added as sponsor: Blackwell
   2/28/2019  House   Member(s) request name added as sponsor: Cogswell
   2/28/2019  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (House Journal-page 49)
    3/4/2019          Scrivener's error corrected
    3/5/2019  House   Member(s) request name added as sponsor: Caskey, 
                        Atkinson, Hixon, Taylor, Fry, Weeks
    3/6/2019  House   Member(s) request name added as sponsor: Bales
    3/6/2019  House   Amended (House Journal-page 36)
    3/6/2019  House   Read second time (House Journal-page 36)
    3/6/2019  House   Roll call Yeas-101  Nays-0 (House Journal-page 40)
    3/7/2019  House   Read third time and sent to Senate (House Journal-page 6)
    3/7/2019  Senate  Introduced and read first time (Senate Journal-page 6)
    3/7/2019  Senate  Referred to Committee on Banking and Insurance 
                        (Senate Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018
2/28/2019
3/4/2019
3/6/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 6, 2019

H. 3263

Introduced by Reps. G.M. Smith, Erickson, Bradley, W. Newton, Huggins, Sandifer, Toole, Blackwell, Cogswell, Caskey, Atkinson, Hixon, Taylor, Fry, Weeks and Bales

S. Printed 3/6/19--H.

Read the first time January 8, 2019.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ARMED SERVICE MEMBERS AND SPOUSES PROFESSIONAL AND OCCUPATIONAL LICENSING ACT" BY ADDING SECTION 37-1-110 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE FOR OCCUPATIONS AND PROFESSIONS REGULATED BY THE DEPARTMENT OF CONSUMER AFFAIRS IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-43-85 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS NONRESIDENT INSURANCE LINES PRODUCERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-47-17 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS INSURANCE ADJUSTERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-48-25 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE AS PUBLIC INSURANCE ADJUSTERS BY THE DEPARTMENT OF INSURANCE IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 40-1-625 SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM LICENSURE FOR PROFESSIONS AND OCCUPATIONS REGULATED BY BOARDS AND COMMISSIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-25-25 SO AS TO PROVIDE SPOUSES OF ARMED SERVICE MEMBERS STATIONED IN THIS STATE MAY WORK AS PUBLIC SCHOOL TEACHERS IN THIS STATE WITHOUT BEING LICENSED OR CERTIFIED BY THE DEPARTMENT OF EDUCATION IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-45-30, RELATING TO LICENSE APPLICATION FEE REQUIREMENTS FOR NONRESIDENT INSURANCE BROKER LICENSURE, SO AS TO EXEMPT CERTAIN ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THE FEES; TO AMEND SECTION 38-49-20, RELATING TO LICENSURE REQUIREMENTS FOR MOTOR VEHICLE PHYSICAL DAMAGE INSPECTORS, SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THESE REQUIREMENTS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-53-80, RELATING TO LICENSURE REQUIREMENTS FOR BAIL BONDSMEN AND RUNNERS, SO AS TO EXEMPT ARMED SERVICE MEMBERS STATIONED IN THIS STATE AND THEIR SPOUSES FROM THESE REQUIREMENTS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 40-1-640, RELATING TO THE AUTHORITY OF CERTAIN PROFESSIONALS AND OCCUPATIONAL LICENSING BOARDS TO ACCEPT AND APPLY EDUCATION, TRAINING, AND EXPERIENCE OF CERTAIN SERVICE MEMBERS, SO AS TO MAKE EXERCISE OF THIS AUTHORITY NONDISCRIMINATORY IF CERTAIN CRITERIA ARE MET; AND TO REPEAL SECTION 40-1-630 RELATING TO TEMPORARY OCCUPATIONAL AND PROFESSIONAL LICENSES THAT BOARDS AND COMMISSIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY ISSUE TO SPOUSES OF ACTIVE SERVICE MEMBERS STATIONED 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.

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This web page was last updated on March 8, 2019 at 1:09 PM