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 May 7, 2019
Currently residing in the Senate

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)
    4/3/2019  Senate  Recalled from Committee on Banking and Insurance 
                        (Senate Journal-page 5)
    4/3/2019  Senate  Committed to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 5)
   4/25/2019  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (Senate Journal-page 5)
    5/7/2019  Senate  Committee Amendment Adopted (Senate Journal-page 56)
    5/7/2019  Senate  Amended (Senate Journal-page 56)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018
2/28/2019
3/4/2019
3/6/2019
4/25/2019
5/7/2019
5/7/2019

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

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COMMITTEE AMENDMENT ADOPTED AND AMENDED

May 7, 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 5/7/19--S.

Read the first time March 7, 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.    Section 40-1-630(A) of the 1976 Code is amended to read:

"Section 40-1-630.    (A)    A board or commission that regulates the licensure of a profession or occupation under Title 40 may shall issue a temporary professional license for a profession or occupation it regulates to the spouse of an active duty member of the United States Armed Forces if the member is assigned to a duty station in this State pursuant to the official active duty military orders of the member. Nothing in this section should be construed as requiring a board or commission to grant licensure to the spouse of an active duty member of the United States Armed Forces absent evidence that all state law requirements for licensure have been met."

SECTION    2.    Section 40-1-640(A) of the 1976 Code is amended to read:

"Section 40-1-640.    (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    3.    Section 40-33-20(19)(a) of the 1976 Code is amended to read:

"(a)    has successfully completed an advanced, organized formal CRNA education program at a minimum of the master's level accredited by the national accrediting organization of this specialty area and that is recognized by the board;"

SECTION    4.    Section 40-33-34(A)(3)(b) of the 1976 Code is amended to read:

"(b)    graduated before December 31, 2003, from an advanced, organized formal education program for nurse anesthetists accredited by the national accrediting organization of that specialty. CRNAs who graduate after December 31, 2003, must graduate with a minimum of a master's degree from a formal CRNA education program for nurse anesthetists accredited by the national accreditation organization of the CRNA specialty. An advanced practice registered nurse must achieve and maintain national certification, as recognized by the board, in an advanced practice registered nursing specialty;"

SECTION    5.    Section 1-3-210 of the 1976 Code is amended to read:

"Section 1-3-210.    (A)(1)    During the recess of the Senate, vacancy which occurs in an If an office filled by an appointment of the Governor with the advice and consent of the Senate becomes vacant during the interim period between regular legislative sessions, then the office may be filled by an interim appointment of the Governor only if the Governor acts to fill the office during the same interim period during which the office became vacant. The Governor must report the interim appointment to the Senate and must forward a formal appointment at its next ensuing regular session. If the Senate votes to reject an interim appointee's formal appointment during the next ensuing regular session then the office is immediately vacant and may not be filled by another interim appointment.

(2)    If the Senate does not advise and consent thereto to the formal appointment prior to sine die adjournment the second Thursday in May following the interim period during which the interim appointment was made of the next ensuing regular session, the office shall be vacant and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary. The Governor may not make a subsequent interim appointment for the same vacancy. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.

(B)    The Governor's authority to make an interim appointment pursuant to subsection (A) terminates when the General Assembly convenes the regular legislative session following the interim period between regular legislative sessions during which the office became vacant."

SECTION    6.    Article 5, Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-211.    (A)    If a vacancy exists in the head of an agency that requires appointment by the Governor with the advice and consent of the Senate, the Governor may designate an employee of the agency as the acting head of the agency if the person designated was employed by the agency for at least twelve consecutive months prior to the date upon which the vacancy occurred. A person designated as an acting agency head pursuant to this subsection may serve as the acting agency head no longer than the second Thursday in May following date upon which the vacancy occurred.

(B)(1)    A person nominated by the Governor to head an agency that requires the advice and consent of the Senate who did not receive the advice and consent of the Senate, or whose nomination was withdrawn, may not be designated by the Governor as the acting head of the agency to which the person was nominated.

(2)    A person nominated by the Governor to head an agency that requires the advice and consent of the Senate who also had been previously designated as the acting head of the agency who did not receive the advice and consent of the Senate, or whose nomination was withdrawn, may no longer exercise any authority or duties of that agency."

SECTION    7.    This act takes effect upon approval by the Governor.

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This web page was last updated on May 8, 2019 at 9:01 AM