South Dakota 2025 Regular Session

South Dakota Senate Bill SB67 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.300.12 100th Legislative Session 67
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4	4	2025 South Dakota Legislature
5	5	Senate Bill 67
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12	12	Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Department of Labor and
13	13	Regulation
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15	15	Underscores indicate new language.
16	16	Overstrikes indicate deleted language.
17	17	An Act to establish the state office of apprenticeship within the Department of Labor 1
18	18	and Regulation. 2
19	19	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
20	20	Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 60: 4
21	21	Terms used in this Act mean: 5
22	22	(1) "Apprentice," a worker at least sixteen years of age, except where a higher 6
23	23	minimum age standard is otherwise fixed by law, who is employed to learn an 7
24	24	apprenticeable occupation under the standards of a registered apprenticeship 8
25	25	program approved by the department; 9
26	26	(2) "Apprenticeable occupation," an occupation specified by an industry, which 10
27	27	complies with 29 C.F.R. § 29.4 (January 1, 2025) and involves the progressive 11
28	28	attainment of skills, competencies, and knowledge that are: 12
29	29	(a) Clearly identified and commonly recognized throughout the relevant 13
30	30	industry or occupation; 14
31	31	(b) Customarily learned or enhanced in a practical way through a structured, 15
32	32	systematic program of on -the-job, supervised learning and related 16
33	33	instruction to supplement the learning; and 17
34	34	(c) Offered through a time-based, competency-based, or hybrid model that the 18
35	35	department has determined meets the requirements of this Act, 29 C.F.R. 19
36	36	§§ 29.1 to 29.14, inclusive, and 29 C.F.R. §§ 30.1 to 30.19, inclusive 20
37	37	(January 1, 2025); 21
38	38	(3) "Apprenticeship agreement," a written agreement between an apprentice and 22
39	39	either the apprentice’s program sponsor or an apprenticeship committee acting as 23
40	40	an agent for the program sponsor, which: 24
41	41	(a) Complies with 29 C.F.R. § 29.7 (January 1, 2025); and 25 25.300.12 2 67
42	42	Underscores indicate new language.
43	43	Overstrikes indicate deleted language.
44	44	(b) Contains the terms and conditions of the employment and training of the 1
45	45	apprentice; 2
46	46	(4) "Apprenticeship program," a plan containing all terms and conditions for the 3
47	47	qualification, recruitment, selection, employment, and training of apprentices, as 4
48	48	provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive, and 29 C.F.R. §§ 30.1 to 5
49	49	30.19, inclusive (January 1, 2025); 6
50	50	(5) "Department," the Department of Labor and Regulation; 7
51	51	(6) "Registered apprenticeship program," an apprenticeship program that is registered 8
52	52	by the department pursuant to this Act; 9
53	53	(7) "Sponsor," any person, association, committee, or organization operating an 10
54	54	apprenticeship program and in whose name the program is registered or approved 11
55	55	by the department; and 12
56	56	(8) "State apprenticeship agency," an agency of a state government that has 13
57	57	responsibility and accountability for a registered apprenticeship program within a 14
58	58	state. 15
59	59	Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 60: 16
60	60	The state office of apprenticeship is established and maintained within the 17
61	61	department, as provided for in 29 U.S.C. § 50, 29 C.F.R. §§ 29.1 to 29.14, inclusive, and 18
62	62	29 C.F.R. §§ 30.1 to 30.19, inclusive (January 1, 2025). The office shall: 19
63	63	(1) Serve as the sole state apprenticeship agency in this state; 20
64	64	(2) Establish standards for a registered apprenticeship program in this state; 21
65	65	(3) Adopt a plan for equal employment opportunity consistent with 29 C.F.R. §§ 30.1 22
66	66	to 30.19, inclusive; and 23
67	67	(4) Resolve disputes between parties to an apprenticeship agreement. 24
68	68	The office is administered by the secretary of the department. 25
69	69	Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 60: 26
70	70	The secretary of the department shall promulgate rules, in accordance with chapter 27
71	71	1-26, relating to the administration of this Act in the following areas: 28
72	72	(1) Program and performance standards for a registered apprenticeship program, as 29
73	73	provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive, (January 1, 2025); 30
74	74	(2) Standards for an apprenticeship program to be eligible for registration by the state 31
75	75	office of apprenticeship, as provided for in 29 C.F.R. § 29.5 (January 1, 2025); 32 25.300.12 3 67
76	76	Underscores indicate new language.
77	77	Overstrikes indicate deleted language.
78	78	(3) Contents of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 1
79	79	(January 1, 2025); 2
80	80	(4) Procedures and requirements for the registration of a program and an apprentice, 3
81	81	as provided for in 29 C.F.R. § 29.5 (January 1, 2025); 4
82	82	(5) Procedures and methods for monitoring, as provided for in 29 C.F.R. §§ 29.1 to 5
83	83	29.14, inclusive (January 1, 2025); 6
84	84	(6) Outreach and education for a program, a sponsor, and an apprentice, as provided 7
85	85	for in 29 C.F.R. § 29.13 (January 1, 2025); 8
86	86	(7) Provision of technical assistance to a program, as provided for in 29 C.F.R. § 29.13 9
87	87	(January 1, 2025); 10
88	88	(8) Complaint procedures, as provided for in 29 C.F.R. §§ 29.12 and 30.14 (January 11
89	89	1, 2025); 12
90	90	(9) Procedures and requirements for the cancellation, deregistration, or reinstatement 13
91	91	of a registered apprenticeship program, as provided for in 29 C.F.R. §§ 29.8 and 14
92	92	29.9 (January 1, 2025); 15
93	93	(10) Procedures and requirements for the temporary suspension, cancellation, or 16
94	94	deregistration of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 17
95	95	(January 1, 2025); and 18
96	96	(11) Establish and define the process for according reciprocal approval for federal 19
97	97	purposes to an apprentice, apprenticeship program, and standards that are 20
98	98	registered in other states by the United States Department of Labor or a 21
99	99	registration agency if reciprocity is requested by a sponsor, as provided for in 29 22
100	100	C.F.R. § 29.13 (January 1, 2025). 23
101	101	Section 4. This Act is effective on the date the United States Department of Labor Office of 24
102	102	Apprenticeship formally recognizes the state apprenticeship agency established by this Act. 25
103	103	The department shall inform the Legislative Research Council of the formal recognition. 26