Education & Employment

South Dakota Professional Licensing for Veterans and Military Spouses

Three separate routes: restoration of a licence held at the time of induction, credit for military training toward licensing requirements, and a thirty-day expedited licence for an active duty member or spouse transferred into the state. Federal law since December 2024 goes further and treats a member’s or spouse’s out-of-state licence as valid on a move under orders.

Also called: 36-1-1, 33A-2-36, 36-1B-1, licence restoration, military training credit, military spouse licence, thirty days, reciprocity, 50 U.S.C. 4025a.

For: Veteran or service member, spouse.

Where it applies

Written for the jurisdictions listed here.

South Dakota answers the licensing question three times, in three chapters, for three different people. Restoration after service. Section 36-1-1 entitles a veteran as defined in 33A-2-1 who was regularly licensed, registered or certified in good standing at the time of induction, enlistment or engagement in the armed forces to reinstatement of that professional or occupational status after discharge, on compliance with the current requirements for the profession, and to written evidence of the authority. Section 36-1-2 defines the qualifying components broadly, and the chapter operates retroactively. Credit for what the military taught. Section 33A-2-36 allows any professional or occupational board or commission established under Title 36 to credit verified military service, training or education toward the licensing requirements for a licence, other than examination requirements, and to make rules establishing procedures. Note the two limits that matter: the board "may" credit rather than must, and examination requirements are carved out, so the credit reaches the experience and education prerequisites but never the test. The expedited route, which is the strongest of the three and is not for veterans. Section 36-1B-1 requires any licensing body under Title 36, within thirty days of receiving a completed application, to issue the licence, certificate, registration or permit to an applicant who holds the same or a similar licence in good standing in another state or the District of Columbia, is an active duty member of the armed forces or the spouse of one, and is the subject of a military transfer to South Dakota. "Shall", inside thirty days, notwithstanding any other provision of law. The only escape is a finding by the board that the applicant engaged in an act that may constitute grounds for disciplinary action, and a denial has to be reported with reasons to the Department of Labor and Regulation. The catch in 36-1B is that it is tied to the active duty status rather than to the person. Section 36-1B-2.1 allows renewal until active duty orders transfer the applicant out of South Dakota, the out-of-state licence lapses, the holder fails the South Dakota body's maintenance requirements, or the full-time active duty status of the member stationed in South Dakota ends. A spouse whose service member separates in South Dakota and stays loses the renewal right on that event and has to qualify in the ordinary way. Federal law now sits under the expedited route and reaches further. Since December 23, 2024, 50 U.S.C. 4025a, as rewritten by section 587 of Public Law 118-159, provides that a service member or spouse who relocates on military orders and holds a licence in good standing elsewhere, with no discipline and no pending investigation in any state, has that licence "considered valid for the scope of practice" in the new state on application with the orders, a marriage certificate for a spouse and a notarized affidavit; a board that cannot act within 30 days may issue a temporary licence with the same rights. The federal rule does not wait for the board to issue anything, is not limited to active duty members or to licensing bodies under Title 36, and turns on the move under orders rather than on full-time active duty status continuing. A licence held under an interstate compact follows the compact instead. Like 36-1B, it is for people serving and their spouses, not for veterans after separation. A separate provision covers the commercial driver licence: 32-12A-11 and 32-12A-11.1 let the Department of Public Safety waive the knowledge and skills tests for an applicant with experience operating a military commercial motor vehicle who meets the federal criteria in 49 C.F.R. 383.77.

Thresholds

Thresholds for South Dakota Professional Licensing for Veterans and Military Spouses
GateRule
Restoration requires the licence to have been held at entrySection 36-1-1 restores a professional or occupational status held in good standing at the time of induction, enlistment or engagement, on compliance with current requirements.
Training credit is discretionary and excludes examinationsA Title 36 board may credit verified military service, training or education toward licensing requirements other than examination requirements. The board is not required to.
Thirty days, for an active duty member or spouse on transferThe expedited licence under 36-1B-1 requires an existing licence in good standing elsewhere, active duty status or marriage to an active duty member, and a military transfer to South Dakota. Issuance is mandatory within thirty days of a completed application.
The expedited licence ends with the active duty statusRenewal stops when orders transfer the applicant out of the state, the out-of-state licence lapses, maintenance requirements are unmet, or the member’s full-time active duty status ends.
A commercial driver licence test waiverSections 32-12A-11 and 32-12A-11.1 allow the knowledge and skills tests to be waived for an applicant with military commercial motor vehicle experience meeting 49 C.F.R. 383.77.

Documents the source lists

What the official source lists for an application, and where to get each document. It is a reference read from the source, not a full list of what the office may ask for; check with the office or an accredited representative before you apply. Needed means the source asks for it; Helps means the source calls it optional or says it speeds things up.

Sources

Legislation

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Public Law 118-159, division A, section 587 Rewrote the federal portability rule for the professional licences of service members and spouses who move on military orders

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the President Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Requires a state to treat a service member or spouse on military orders as licensed there on the strength of a licence held elsewhere.

Amended 50 U.S.C. 4025a generally, effective December 23, 2024. A service member or spouse who relocates on military orders and holds a licence in good standing elsewhere has it treated as valid for its scope of practice in the new state on application with the orders, a marriage certificate for a spouse and a notarized affidavit; a board that cannot act within 30 days may issue a temporary licence with the same rights. Licences held under an interstate compact follow the compact. State military spouse licensing entries that describe only the state procedure understate what a family on orders is owed. Veterans are outside the section.

Sponsor

  • David P. JoyceRepublican, House, OH-14

And 12 co-sponsors

Touches 50 U.S.C. § 4025a

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.