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