South Dakota § 60-15-1 - Definitions.

§ 60-15-1. Definitions.

Terms used in this chapter 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," a job specified by an industry that involves the progressive attainment of skills, competencies, and knowledge; complies with 29 C.F.R. § 29.4 (January 1, 2026); and is:

(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 chapter and 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026);

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

(a)    Complies with 29 C.F.R. § 29.7 (January 1, 2026); and

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

(4)    "Apprenticeship committee," the persons designated by the sponsor to administer the program. The committee may be:

(a)    A joint committee composed of an equal number of representatives of the employer, and employees represented by a bona fide collective bargaining agent; or

(b)    A non-joint committee that includes employer representatives, and may include employees, but does not have a bona fide collective bargaining agent participating;

(5)    "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 (January 1, 2026);

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

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

(8)    "Registration agency," the United States Department of Labor Office of Apprenticeship or a recognized state apprenticeship agency responsible for registering apprenticeship programs and apprentices, providing technical assistance, conducting reviews for compliance with 29 C.F.R. §§ 29.1 to 29.14, inclusive (January 1, 2026), and quality assurance assessments;

(9)    "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

(10)    "State apprenticeship agency," an agency of a state government that has responsibility and accountability for registered apprenticeship programs with the state.

Source: SL 2026, ch 204, § 1.

Commission Note: This section becomes effective, per SL 2026, ch 204, § 4, "upon the date the United States Department of Labor Office of Apprenticeship formally recognizes the state apprenticeship agency established by this [chapter]. The department shall inform the code counsel of the formal recognition in writing."