An Act to establish the state office of apprenticeship within the Department of Labor and Regulation.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 60:

Terms used in this Act mean:

(1) "Apprentice," a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation under the standards of a registered apprenticeship program approved by the department;

(2) "Apprenticeable occupation," an occupation specified by an industry, which complies with 29 C.F.R. § 29.4 (January 1, 2025) and involves the progressive attainment of skills, competencies, and knowledge that are:

(a) Clearly identified and commonly recognized throughout the relevant industry or occupation;

(b) Customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job, supervised learning and related instruction to supplement the learning; and

(c) Offered through a time-based, competency-based, or hybrid model that the department has determined meets the requirements of this Act, 29 C.F.R. §§ 29.1 to 29.14, inclusive, and 29 C.F.R. §§ 30.1 to 30.19, inclusive (January 1, 2025);

(3) "Apprenticeship agreement," a written agreement between an apprentice and either the apprentice’s program sponsor or an apprenticeship committee acting as an agent for the program sponsor, which:

(a) Complies with 29 C.F.R. § 29.7 (January 1, 2025); and

(b) Contains the terms and conditions of the employment and training of the apprentice;

(4) "Apprenticeship program," a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, as provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive, and 29 C.F.R. §§ 30.1 to 30.19, inclusive (January 1, 2025);

(5) "Department," the Department of Labor and Regulation;

(6) "Registered apprenticeship program," an apprenticeship program that is registered by the department pursuant to this Act;

(7) "Sponsor," any person, association, committee, or organization operating an apprenticeship program and in whose name the program is registered or approved by the department; and

(8) "State apprenticeship agency," an agency of a state government that has responsibility and accountability for a registered apprenticeship program within a state.

Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 60:

The state office of apprenticeship is established and maintained within the department, as provided for in 29 U.S.C. § 50, 29 C.F.R. §§ 29.1 to 29.14, inclusive, and 29 C.F.R. §§ 30.1 to 30.19, inclusive (January 1, 2025). The office shall:

(1) Serve as the sole state apprenticeship agency in this state;

(2) Establish standards for a registered apprenticeship program in this state;

(3) Adopt a plan for equal employment opportunity consistent with 29 C.F.R. §§ 30.1 to 30.19, inclusive; and

(4) Resolve disputes between parties to an apprenticeship agreement.

The office is administered by the secretary of the department.

Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 60:

The secretary of the department shall promulgate rules, in accordance with chapter 1-26, relating to the administration of this Act in the following areas:

(1) Program and performance standards for a registered apprenticeship program, as provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive, (January 1, 2025);

(2) Standards for an apprenticeship program to be eligible for registration by the state office of apprenticeship, as provided for in 29 C.F.R. § 29.5 (January 1, 2025);

(3) Contents of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 (January 1, 2025);

(4) Procedures and requirements for the registration of a program and an apprentice, as provided for in 29 C.F.R. § 29.5 (January 1, 2025);

(5) Procedures and methods for monitoring, as provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2025);

(6) Outreach and education for a program, a sponsor, and an apprentice, as provided for in 29 C.F.R. § 29.13 (January 1, 2025);

(7) Provision of technical assistance to a program, as provided for in 29 C.F.R. § 29.13 (January 1, 2025);

(8) Complaint procedures, as provided for in 29 C.F.R. §§ 29.12 and 30.14 (January 1, 2025);

(9) Procedures and requirements for the cancellation, deregistration, or reinstatement of a registered apprenticeship program, as provided for in 29 C.F.R. §§ 29.8 and 29.9 (January 1, 2025);

(10) Procedures and requirements for the temporary suspension, cancellation, or deregistration of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 (January 1, 2025); and

(11) Establish and define the process for according reciprocal approval for federal purposes to an apprentice, apprenticeship program, and standards that are registered in other states by the United States Department of Labor or a registration agency if reciprocity is requested by a sponsor, as provided for in 29 C.F.R. § 29.13 (January 1, 2025).

Section 4. This Act is effective on the date the United States Department of Labor Office of Apprenticeship formally recognizes the state apprenticeship agency established by this Act. The department shall inform the Legislative Research Council of the formal recognition.