ENTITLED, An Act to provide for an expedited endorsement of certain licenses, certificates,
registrations, and permits for spouses of active duty military personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Notwithstanding any other provision in law and unless an applicant is found by the
board to have engaged in any act that would constitute grounds for disciplinary action, any licensing
body under the provisions of Title 36 shall expedite the issuance of 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 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) Whose spouse is a member of the armed forces of the United States;
(3) Whose spouse is the subject of a military transfer to South Dakota; and
(4) Who left employment to accompany the applicant's spouse to South Dakota;
if in the opinion of the board, the requirements for the issuance of the license, certificate, registration,
or permit in such state or the District of Columbia are substantially equivalent to those required in
South Dakota. An application is considered complete once the applicable licensing board has
received all required documentation necessary to process the application.
Section 2. If a board is unable to complete the review of the documentation provided by the
applicant or make a final determination regarding substantial equivalency within thirty days of the
receipt of a completed application, the board shall issue a temporary license, certificate, registration,
or permit, provided the applicant otherwise meets the qualifications set forth in section 1 of this Act.
Section 3. Any temporary license, certificate, registration, or permit issued pursuant to section
2 of this Act shall be limited for a period not to exceed six months and shall authorize the applicant
to engage in the profession or occupation while the board completes its review of the documentation
provided by the applicant or the applicant completes any specific requirements that may be required
in South Dakota that were not required in the state or the District of Columbia in which the applicant
holds the license, certificate, registration, or permit. Nothing in section 2 or 3 of this Act prohibits
a licensing body under the provisions of Title 36 from suspending or revoking a temporary license,
certificate, registration, or permit for failure to fulfill the requirements of this Act.
Section 4. An applicant for a license, certificate, registration, or permit pursuant to this Act shall
pay any fees required by the licensing board for which the applicant is seeking a license, certificate,
registration, or permit.
Section 5. Each licensing body under the provisions of Title 36 may promulgate rules pursuant
to chapter 1-26 to establish procedures to:
(1) Provide for the issuance of a temporary license, certificate, registration, or permit; and
(2) Expedite the issuance of a license, certificate, registration, or permit to military spouses.
Section 6. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-7 to 13-42-10,
inclusive, the secretary shall expedite the issuance of a teaching certificate to an applicant whose
application has been deemed completed by the Department of Education and:
(1) Who holds a valid certificate issued by another state or the District of Columbia;
(2) Whose spouse is a member of the armed forces of the United States;
(3) Whose spouse is the subject of a military transfer to South Dakota; and
(4) Who left employment to accompany the applicant's spouse to South Dakota;
if in the opinion of the secretary, the requirements for the issuance of the certificate in such state or
the District of Columbia are substantially equivalent to those required in South Dakota. An
application is considered complete once the department has received all required documentation
necessary to process the application and the required application fee.
Section 7. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
If the secretary is unable to complete the review of the documentation required by the applicant
or make a final determination regarding substantial equivalency within thirty days of the receipt of
a completed application, the secretary shall issue a temporary certificate, if the applicant otherwise
meets the qualifications set forth in section 6 of this Act.
Section 8. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
Any temporary certificate issued pursuant to section 7 of this Act shall be limited for a period
not to exceed six months while the department completes its review of all required documentation
or the applicant completes any requirements of this chapter or the rules promulgated pursuant to this
chapter that were not required in the state or the District of Columbia in which the applicant holds
the certificate. Nothing in section 7 or 8 of this Act prohibits the secretary from suspending or
revoking the temporary certificate for failure to fulfill the requirements of this Act.
Section 9. That § 13-42-3 be amended to read as follows:
13-42-3. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26
establishing the requirements and criteria that an applicant shall meet in order to be issued a teacher's
certificate by the secretary of the Department of Education authorizing the holder of the certificate
to accept a teaching or administrative position in any elementary or secondary school in the field
specified by the certificate. The rules shall specify the duration and the method of renewal or
reinstatement, the amount of the fee for issuing the certificate, the application procedures for
certificates, the endorsements to certificates, the requirements for certification, the procedures for
processing applications and issuing certificates for military spouses, and other procedures necessary
for the administration of teacher certification. In addition to teacher certificate renewal based on
academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria
by which an applicant may receive credit toward renewal based on private or public sector
experience that was not obtained through academic coursework if the experience is related to the
applicant's teaching field.
An Act to provide for an expedited endorsement of certain licenses, certificates, registrations, and
permits for spouses of active duty military personnel.
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I certify that the attached Act
originated in the
SENATE as Bill No. 117
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 117
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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