This amendment is a technical formatting change that converts the bill from its introduced version to its enrolled (final passed) version, updating internal document reference numbers and removing introductory procedural language. The substantive content of the apprenticeship office establishment remains unchanged.
26.390.12 26.390.13 101st Legislative Session 63 2026 South Dakota Legislature Senate Bill 63 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. ENROLLED AN ACT ENTITLED 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 chapter 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," a job specified by an industry that involves the 10 progressive attainment of skills, competencies, and knowledge; complies with 29 11 C.F.R. § 29.4 (January 1, 2026); and is: 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 and 29 19 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026); 20 (3) "Apprenticeship agreement," a written agreement between an apprentice and 21 either the apprentice's sponsor or an apprenticeship committee acting as agent for 22 the program sponsor, which: 23 (a) Complies with 29 C.F.R. § 29.7 (January 1, 2026); and 24 (b) Contains the terms and conditions of the employment and training of the 25 apprentice; 26 26.390.12 26.390.13 2 63 Underscores indicate new language. Overstrikes indicate deleted language. SB63 ENROLLED (4) "Apprenticeship committee," the persons designated by the sponsor to administer 1 the program. The committee may be: 2 (a) A joint committee composed of an equal number of representatives of the 3 employer, and employees represented by a bona fide collective bargaining 4 agent; or 5 (b) A non-joint committee that includes employer representatives, and may 6 include employees, but does not have a bona fide collective bargaining 7 agent participating; 8 (5) "Apprenticeship program," a plan containing all terms and conditions for the 9 qualification, recruitment, selection, employment, and training of apprentices, as 10 provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026); 11 (6) "Department," the Department of Labor and Regulation; 12 (7) "Registered apprenticeship program," an apprenticeship program that is registered 13 by the department pursuant to this Act; 14 (8) "Registration agency," the United States Department of Labor Office of 15 Apprenticeship or a recognized state apprenticeship agency responsible for 16 registering apprenticeship programs and apprentices, providing technical 17 assistance, conducting reviews for compliance with 29 C.F.R. §§ 29.1 to 29.14, 18 inclusive (January 1, 2026), and quality assurance assessments; 19 (9) "Sponsor," any person, association, committee, or organization operating an 20 apprenticeship program and in whose name the program is registered or approved 21 by the department; and 22 (10) "State apprenticeship agency," an agency of a state government that has 23 responsibility and accountability for registered apprenticeship programs with the 24 state. 25 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 60: 26 The state office of apprenticeship is established and maintained within the 27 department, as provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026). 28 The office shall: 29 (1) Serve as the sole state apprenticeship agency in the state; 30 (2) Engage in outreach and education to promote registered apprenticeship programs 31 as a workforce development tool; 32 (3) Establish standards for registered apprenticeship programs in the state; and 33 (4) Resolve disputes between parties to an apprenticeship agreement. 34 26.390.12 26.390.13 3 63 Underscores indicate new language. Overstrikes indicate deleted language. SB63 ENROLLED The office is administered by the secretary of the department. 1 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 60: 2 The secretary of the department shall promulgate rules, in accordance with chapter 3 1-26, relating to the administration of this Act in the following areas: 4 (1) Program and performance standards for registering apprenticeship programs, as 5 provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026); 6 (2) Standards for an apprenticeship program eligible for registration, as provided for 7 in 29 C.F.R. § 29.5 (January 1, 2026); 8 (3) Contents of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 9 (January 1, 2026); 10 (4) Procedures and requirements for the registration of a program and an apprentice, 11 as provided for in 29 C.F.R. § 29.5 (January 1, 2026); 12 (5) Procedures and methods for monitoring compliance of apprenticeship programs, 13 as provided for in 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026); 14 (6) The provision of technical assistance to a program, as provided for in 29 C.F.R. 15 § 29.13 (January 1, 2026); 16 (7) Complaint procedures, as provided for in 29 C.F.R. § 29.12 (January 1, 2026); 17 (8) Procedures and requirements for the cancellation, deregistration, or reinstatement 18 of a registered apprenticeship program, as provided for in 29 C.F.R. §§ 29.8 and 19 29.9, (January 1, 2026); 20 (9) Procedures and requirements for the temporary suspension, cancellation, or 21 deregistration of an apprenticeship agreement, as provided for in 29 C.F.R. § 29.7 22 (January 1, 2026); and 23 (10) The process for according reciprocal approval for federal purposes to an apprentice, 24 apprenticeship program, and standards that are registered in other states by the 25 United States Department of Labor, or a registration agency, if reciprocity is 26 requested by a sponsor, as provided for in 29 C.F.R. § 29.13 (January 1, 2026). 27 Section 4. This Act is effective immediately upon the date the United States Department of 28 Labor Office of Apprenticeship formally recognizes the state apprenticeship agency 29 established by this Act. The department shall inform the code counsel of the formal recognition 30 in writing. 31 26.390.13 4 63 SB63 ENROLLED An Act to establish the state office of apprenticeship within the Department of Labor and Regulation. I certify that the attached Act originated in the: Senate as Bill No. 63 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 63 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State