AN ACT
ENTITLED, An Act to provide for professional or occupational licensure for certain active duty
military personnel and spouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-1B-1 be amended to read:
36-1B-1. Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-1B-1 be amended to read:
36-1B-1. Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:
(1) Who holds in good standing the same or similar valid license, certificate, registration, or
permit required for the practice of any business, profession, or occupation issued by
another state or the District of Columbia;
(2) Who is an active duty member of the armed forces of the United States or the spouse of
an active duty member of the armed forces of the United States; and
(3) Who is the subject of a military transfer to South Dakota.
An application is considered complete once the applicable licensing board has received all
required documentation necessary to process the application.
If a licensing body denies the issuance of a license, certificate, registration, or permit to an
applicant pursuant to this section, the licensing body shall report the denial and the reasons for the
denial to the Department of Labor and Regulation.
Section 2. That chapter 36-1B be amended by adding a NEW SECTION to read:
Section 2. That chapter 36-1B be amended by adding a NEW SECTION to read:
Any license, certificate, registration, or permit issued pursuant to § 36-1B-1 may be renewed
until any of the following events occur:
(1) Active duty orders transfer the applicant out of South Dakota;
(2) The applicant no longer holds in good standing the same or similar valid license,
certificate, registration, or permit required for the practice of any business, profession, or
occupation issued by another state or the District of Columbia;
(3) The applicant fails to adhere to the requirements of the applicable South Dakota licensing
body to maintain license, certificate, registration, or permit; or
(4) The full-time active duty status of the member of the armed forces stationed in South
Dakota is terminated.
Section 3. That § 36-1B-4 be amended to read:
36-1B-4. No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1. For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.
Section 4. That § 36-1B-5 be amended to read:
36-1B-5. Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1.
Section 5. That § 36-1B-2 be repealed.
Section 6. That § 36-1B-3 be repealed.
Section 7. That § 13-42-67 be amended to read:
13-42-67. Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-7 to 13-42-10, inclusive, the secretary shall, within thirty days of receiving a completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department
Section 3. That § 36-1B-4 be amended to read:
36-1B-4. No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1. For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.
Section 4. That § 36-1B-5 be amended to read:
36-1B-5. Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1.
Section 5. That § 36-1B-2 be repealed.
Section 6. That § 36-1B-3 be repealed.
Section 7. That § 13-42-67 be amended to read:
13-42-67. Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-7 to 13-42-10, inclusive, the secretary shall, within thirty days of receiving a completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department
of Education and:
(1) Who holds in good standing a valid certificate issued by another state or the District of
Columbia;
(2) Who is an active duty member of the armed forces of the United States or the spouse of
an active duty member of the armed forces of the United States; and
(3) Who is the subject of a military transfer to South Dakota.
An application is considered complete once the department has received all required
documentation necessary to process the application. No applicant for a certificate issued pursuant
to this section is required to pay an application fee or any other fee payable to the department.
If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the
secretary shall report the denial and the reasons for the denial to the Department of Labor and
Regulation.
Section 8. That § 13-42-69 be amended to read:
13-42-69. Any certificate issued pursuant to § 13-42-67 shall be limited for a period not to exceed the applicant's length of tour during the time the holder of the certificate continues to meet the eligibility requirements of § 13-42-67. Nothing in this section prohibits the secretary from suspending or revoking the certificate for failure to fulfill the requirements of § 13-42-67.
Section 9. That chapter 36-1B be amended by adding a NEW SECTION to read:
Section 8. That § 13-42-69 be amended to read:
13-42-69. Any certificate issued pursuant to § 13-42-67 shall be limited for a period not to exceed the applicant's length of tour during the time the holder of the certificate continues to meet the eligibility requirements of § 13-42-67. Nothing in this section prohibits the secretary from suspending or revoking the certificate for failure to fulfill the requirements of § 13-42-67.
Section 9. That chapter 36-1B be amended by adding a NEW SECTION to read:
Nothing in this Act may be construed to override, supersede, or invalidate any compact or
agreement already in place within any profession regulated under titles 13 or 36.
Nothing in this Act prohibits any active duty military member or military spouse from seeking
a professional license, certification, registration, or permit as otherwise provided in law for any
profession regulated under titles 13 or 36.
An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.
An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1111
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1111 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
