2011-2012 Bill 1107: Issuance of a Temporary Professional License to Spouse of Armed Forces

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 S. 1107 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Leventis, Hayes, Rose and Knotts 10 Document Path: l:\council\bills\agm\19376ab12.docx 11 Companion/Similar bill(s): 3710 12 13 Introduced in the Senate on January 17, 2012 14 Introduced in the House on April 25, 2012 15 Last Amended on April 18, 2012 16 Currently residing in the House Committee on Labor, Commerce and Industry 17 18 Summary: Issuance of a temporary professional license to spouse of armed forces member 19 20 21 HISTORY OF LEGISLATIVE ACTIONS 22 23 Date Body Action Description with journal page number 24 1/17/2012 Senate Introduced and read first time ( Senate Journalpage 10) 25 1/17/2012 Senate Referred to Committee on Labor, Commerce and Industry (Senate 26 Journalpage 10) 27 4/17/2012 Senate Committee report: Favorable with amendment Labor, Commerce and Industry 28 ( Senate Journalpage 7) 29 4/18/2012 Senate Committee Amendment Adopted ( Senate Journalpage 38) 30 4/18/2012 Senate Read second time ( Senate Journalpage 38) 31 4/18/2012 Senate Roll call Ayes42 Nays0 ( Senate Journalpage 38) 32 4/19/2012 Scrivener's error corrected 33 4/24/2012 Senate Read third time and sent to House ( Senate Journalpage 18) 34 4/25/2012 House Introduced and read first time ( House Journalpage 3) 35 4/25/2012 House Referred to Committee on Labor, Commerce and Industry ( House Journalpage 3) 36 5/9/2012 House Committee report: Favorable with amendment Labor, Commerce and Industry 37 ( House Journalpage 2) 38 5/16/2012 House Debate adjourned until Thur., 051712 ( House Journalpage 15) 39 5/17/2012 House Debate adjourned until Wed., 052312 ( House Journalpage 13) 40 5/23/2012 House Debate adjourned until Tues., 052912 ( House Journalpage 26) 41 5/29/2012 House Debate adjourned until Thur., 053112 ( House Journalpage 5) 42 5/31/2012 House Recommitted to Committee on Labor, Commerce and Industry (House 43 Journalpage 39) 44 45 46 VERSIONS OF THIS BILL 47 48 1/17/2012 49 4/17/2012 50 4/18/2012 51 4/19/2012 52 5/9/2012 53 1 COMMITTEE REPORT 2 May 9, 2012 3 4 S. 1107 5 6 Introduced by Senators Leventis, Hayes, Rose and Knotts 7 8 S. Printed 5/9/12--H. 9 Read the first time April 25, 2012. 10 11 12 THE COMMITTEE ON 13 LABOR, COMMERCE AND INDUSTRY 14 To whom was referred a Bill (S. 1107) to amend the Code of 15 Laws of South Carolina, 1976, by adding Section 40177 so as to 16 provide a board or commission that regulates the licensure of a 17 profession, etc., respectfully 18 REPORT: 19 That they have duly and carefully considered the same and 20 recommend that the same do pass with amendment: 21 22 Amend the bill, as and if amended, by deleting all after the 23 enacting words and inserting: 24 / SECTION 1. Article 1, Chapter 1, Title 40 of the 1976 Code 25 is amended by adding: 26 “Section 40177. (A) A board or commission that regulates the 27 licensure of a profession or occupation under Title 40 may issue a 28 temporary professional license for a profession or occupation it 29 regulates to the spouse of an active duty member of the United 30 States Armed Forces if the member is assigned to a duty station in 31 this State pursuant to the official active duty military orders of the 32 member. 33 (B)(1) A person seeking a temporary professional license under 34 subsection (A) shall submit an application to the board or 35 commission from which it is seeking the temporary license on 36 forms the board or commission shall create and provide. In 37 addition to general personal information about the applicant, the 38 application must include proof that the: 39 (a) applicant is married to a member of the United States 40 Armed Forces who is on active duty; 41 (b) applicant holds a valid license issued by another state, 42 the District of Columbia, a possession or territory of the United

[1107-2] 1 States, or a foreign jurisdiction for the profession for which 2 temporary licensure is sought; 3 (c) applicant holds the license in subitem (b) in ‘good 4 standing’ as evidenced by a certificate of good standing from the 5 state, possession or territory of the United States, or foreign 6 jurisdiction that issued the license; 7 (d) applicant is not the subject of any pending actions 8 concerning his license in the state, possession or territory of the 9 United States, or foreign jurisdiction that issued the license; 10 (e)(i) applicant submitted at his expense to a 11 fingerprintbased background check conducted by the State Law 12 Enforcement Division to determine if the applicant has a criminal 13 history in this State and a fingerprintbased background check 14 conducted by the Federal Bureau of Investigation to determine if 15 the person has other criminal history, and the official results of 16 these checks must be provided to the board or commission to 17 which application for temporary licensure is made; and 18 (ii) the provisions of this subitem only apply if a similar 19 background check is required to obtain ordinary licensure in the 20 profession or occupation for which temporary licensure is sought 21 by the applicant; and 22 (f) spouse of the applicant is assigned to a duty station in 23 this State pursuant to the official active duty military orders of the 24 member. 25 (C) A temporary license issued under this section expires six 26 months from the date of issue and may not be renewed. 27 (D) To be eligible for a temporary license under subsection (A), 28 an applicant must speak the English language as a native language 29 or demonstrate an effective proficiency of the English language in 30 the manner prescribed by and to the satisfaction of the board.” 31 SECTION 2. This act takes effect upon approval by the 32 Governor. / 33 Renumber sections to conform. 34 Amend title to conform. 35 36 WILLIAM E. SANDIFER for Committee. 37

[1107-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 40177 SO AS TO PROVIDE A 13 BOARD OR COMMISSION THAT REGULATES THE 14 LICENSURE OF A PROFESSION OR OCCUPATION UNDER 15 TITLE 40 MAY ISSUE A TEMPORARY LICENSE FOR A 16 PROFESSION OR OCCUPATION IT REGULATES TO THE 17 SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED 18 STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, 19 TO PROVIDE REQUIREMENTS FOR OBTAINING THIS 20 LICENSE, AND TO PROVIDE TIME LIMITS ON THE 21 VALIDITY OF THIS LICENSE. 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Article 1, Chapter 1, Title 40 of the 1976 Code is 27 amended by adding: 28 29 “Section 40-1-77. (A) A board or commission that regulates 30 the licensure of a profession or occupation under Title 40 may 31 issue a temporary professional license, notwithstanding any 32 language to the contrary in the board or commission’s licensing 33 act, for a profession or occupation it regulates, to the spouse of an 34 active duty member of the United States Armed Forces if the 35 member is assigned to a duty station in this State pursuant to the 36 official active duty military orders of the member. 37 (B)(1) A person seeking a temporary professional license under 38 subsection (A) shall submit an application to the board or 39 commission from which it is seeking the temporary license on 40 forms the board or commission shall create and provide. In 41 addition to general personal information about the applicant, the 42 application must include proof that:

[1107] 4 1 (a) the applicant is married to a member of the United 2 States Armed Forces who is on active duty; 3 (b) the applicant holds a valid license in good standing 4 issued by another state, the District of Columbia, a possession or 5 territory of the United States, or a foreign jurisdiction for the 6 profession for which temporary licensure is sought; and 7 (c) the spouse of the applicant is assigned to a duty station 8 in this State pursuant to the official active duty military orders of 9 the member. 10 (2) If a board or commission’s licensing act to which the 11 application for a temporary licensure is made requires a 12 fingerprint-base background check, the applicant must submit the 13 results of a recent fingerprintbased background check, taken at the 14 applicant’s expense. 15 (3) The board or commission may charge a fee for the 16 processing of this application as provided by regulation. 17 (4) Persons licensed pursuant to this section must comply 18 with the continuing education requirements as otherwise set forth 19 by statute. 20 (C) A temporary license issued under this section expires one 21 year from the date of issue and may be renewed by the board or 22 commission.” 23 24 SECTION 2. This act takes effect upon approval by the 25 Governor. 26 XX 27

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