State apprenticeship program advisory council; create.

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To: Government Structure
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2623

AN ACT TO CREATE THE MISSISSIPPI OFFICE OF APPRENTICESHIP 1
ACT; TO DEFINE TERMS; TO CREATE THE STATE APPRENTICESHIP AGENCY; 2
TO PROVIDE THAT THE OFFICE SHALL BE UNDER THE DIRECTION OF THE 3
EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT 4
SECURITY; TO PROVIDE THE PURPOSES OF THE OFFICE; TO REQUIRE THE 5
OFFICE TO PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT 6
THIS ACT; TO PROVIDE THE DUTIES OF THE OFFICE; TO CREATE THE 7
MISSISSIPPI APPRENTICESHIP COUNCIL; TO PROVIDE THE MEMBERSHIP OF 8
THE COUNCIL; TO PROVIDE FOR MEETINGS OF THE COUNCIL; TO PROVIDE 9
DUTIES OF THE COUNCIL; TO PROVIDE LIMITATIONS OF THIS ACT; AND FOR 10
RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. The following shall be codified as Section 13
71-5-601, Mississippi Code of 1972: 14
71-5-601. This act shall be known and may be cited as the 15
"Mississippi Office of Apprenticeship Act." 16
SECTION 2. The following shall be codified as Section 17
71-5-603, Mississippi Code of 1972: 18
71-5-603. As used in this section, the following terms shall 19
have the meanings ascribed herein unless context clearly requires 20
otherwise: 21
(a) "Apprentice" means a worker who: 22
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(i) Is at least sixteen (16) years of age; and 23
(ii) Is employed to learn an apprenticeable 24
occupation as defined in 29 CFR § 29.4 under standards of 25
apprenticeship fulfilling the requirements of 29 CFR § 29.5. 26
(b) "Apprenticeship" means a written agreement, 27
complying with 29 CFR § 29.7, between an apprentice and either the 28
apprentice's program sponsor, or an apprenticeship committee 29
acting as agent for the program sponsor(s), which contains the 30
terms and conditions of the employment and training of the 31
apprentice. 32
(c) "Apprenticeship agreement" means a written 33
agreement between an apprentice and a sponsor that contains the 34
terms and conditions of the apprentice's employment and training 35
of the apprentice consistent with the requirements of 29 CFR § 36
29.7 and this act. 37
(d) "Apprenticeship Council" means the Mississippi 38
Apprenticeship Council, an entity established to assist the 39
Mississippi Office of Apprenticeship. The Apprenticeship Council 40
is ineligible for recognition as the State's Registration Agency. 41
Only the Mississippi Office of Apprenticeship may promulgate 42
apprenticeship. This council provides advice and guidance to the 43
Mississippi Office of Apprenticeship on the operation of this 44
state's apprenticeship system. 45
(e) "Apprenticeship intermediary" means an entity that 46
provides required technical instruction to an apprentice. 47
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(f) "Apprenticeship program" means a plan containing 48
all terms and conditions for the qualification, recruitment, 49
selection, employment and training of apprentices, as required 50
under this section and 29 CFR § 30, including such matters as the 51
requirement for a written apprenticeship agreement. 52
(g) "Cancellation" means the termination of the 53
registration or approval status of a program or apprenticeship at 54
the request of the sponsor or termination of an Apprenticeship 55
Agreement at the request of the apprentice. 56
(h) "Competency" means the attainment of manual, 57
mechanical or technical skills and knowledge, as specified by an 58
occupational standard and demonstrated by an appropriate written 59
and hands-on proficiency measurement. 60
(i) "Completion rate" means the percentage of an 61
apprenticeship cohort who receive a certificate of apprenticeship 62
completion within one (1) year of the projected completion date. 63
An apprenticeship cohort is the group of individual apprentices 64
registered to a specific program during a one-year time frame, 65
except that a cohort does not include the apprentices whose 66
apprenticeship agreement has been cancelled during the 67
probationary period. 68
(j) "Department" means the United States Department of 69
Labor. 70
(k) "Deregistration" means the termination of the 71
registration of a pre-apprenticeship or apprenticeship based upon 72
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a written request of the sponsor or after a determination of cause 73
by the Mississippi Office of Apprenticeship. 74
(l) "Employer" means an employer as defined in Section 75
71-5-11(h) employing an apprentice, whether or not such person or 76
organization is party to an Apprenticeship Agreement with the 77
apprentice. 78
(m) "Interim credentials" means a credential issued by 79
the Mississippi Office of Apprenticeship, upon request of the 80
appropriate sponsor, as certification of competency attainment by 81
an apprentice. 82
(n) "Journey worker" means a worker who has attained a 83
level of skill, abilities and competencies recognized within an 84
industry as having mastered the skills and competencies required 85
for the occupation. Use of the term "journey worker" may also 86
refer to a mentor, technician, specialist or other skilled worker 87
who has documented sufficient skills and knowledge of an 88
occupation, either through formal apprenticeship or through 89
practical on-the-job experience and formal training. 90
(o) "Office of Apprenticeship" means the Mississippi 91
Office of Apprenticeship established pursuant to Section 71-5-605. 92
(p) "On-the-job training" means training that: 93
(i) Is provided to a paid apprentice who is 94
engaged in productive work in an occupation, and the work provides 95
knowledge or skills essential to the full and adequate performance 96
of the occupation; 97
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(ii) Is made available through an apprenticeship 98
registered with the Mississippi Office of Apprenticeship that 99
provides reimbursement to the employer of up to fifty percent 100
(50%) of the apprentice's wage rate for the purpose of covering 101
the employer's costs of providing the training and additional 102
supervision related to the training, except as provided in 29 USC 103
§ 3174(c)(3)(H); and 104
(iii) Is limited in duration as appropriate to the 105
occupation for which the apprentice is being trained, based on the 106
content of the training, the apprentice's prior work experience, 107
and the apprentice's service strategy, as appropriate. 108
(q) "Pre-apprenticeship" means a program or set of 109
services recognized by the Mississippi Office of Apprenticeship 110
for state purposes, in partnership with a registered 111
apprenticeship program, designed to prepare individuals to enter 112
and succeed in a registered apprenticeship program. 113
(r) "Provisional registration" means the one-year 114
initial provisional approval of newly registered programs that 115
meet the required standards for program registration, after which 116
program approval may be made permanent, continued as provisional, 117
or rescinded following a review by the Mississippi Office of 118
Apprenticeship, as provided for in the criteria described in 29 119
CFR § 29.3(g) and (h). 120
(s) "Quality Assurance Assessment" means a 121
comprehensive review conducted by the Mississippi Office of 122
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Apprenticeship regarding all aspects of an apprenticeship 123
program's performance, including, but not limited to, determining 124
if apprentices are receiving: on-the-job training in all phases 125
of the apprenticeable occupation; scheduled wage increases 126
consistent with the registered standards; related instruction 127
through appropriate curriculum and delivery systems; and that the 128
registration agency is receiving notification of all new 129
registrations, cancellations, and completions as required in this 130
act. 131
(t) "Registration of an apprenticeship agreement" means 132
the acceptance and recording of an apprenticeship agreement by the 133
Mississippi Office of Apprenticeship as evidence of the 134
apprentice's participation in a particular registered 135
apprenticeship program. 136
(u) "Related technical instruction" means an organized 137
and systematic form of instruction designed to provide an 138
apprentice with knowledge of the theoretical and technical 139
subjects related to his or her trade or occupations approved by 140
the Mississippi Office of Apprenticeship. Related technical 141
instruction includes instruction that is provided: 142
(i) In a classroom; 143
(ii) Through occupation or industrial courses; 144
(iii) By correspondence courses; 145
(iv) Through electronic media; or 146
(v) Through other forms of self-study. 147
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(v) "Sponsor" means a person, association, committee, 148
business, state agency, or organization operating an 149
apprenticeship or pre-apprenticeship program and in whose name the 150
apprenticeship or pre-apprenticeship program is to be registered 151
or approved. 152
(w) "State Office" means the Mississippi Office of 153
Apprenticeship, a division of the Mississippi Department of 154
Employment Security, designated as the point of contact for the 155
Mississippi Office of Apprenticeship. 156
(x) "Technical assistance" means guidance provided by 157
Mississippi Office of Apprenticeship staff in the development, 158
revision, amendment, or processing of a potential or current 159
program sponsor's Standards of Apprenticeship, Apprenticeship 160
Agreements, or advice or consultation with a program sponsor to 161
further compliance with this section or guidance from the Office 162
of Apprenticeship to the Mississippi Office of Apprenticeship on 163
how to remedy nonconformity with this act. 164
(y) "Transfer" means a shift of apprenticeship 165
registration from one program to another or from one employer 166
within a program to another employer within that same program, 167
where there is agreement between the apprentice and the affected 168
apprenticeship committees or program sponsors. 169
SECTION 3. The following shall be codified as Section 170
71-5-605, Mississippi Code of 1972: 171
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71-5-605. (1) There is created the Mississippi Office of 172
Apprenticeship within the Mississippi Department of Employment 173
Security, which is Mississippi's state apprenticeship agency in 174
accordance with 29 USC § 50 and 29 CFR §§ 29 and 30. 175
(2) (a) The Mississippi Office of Apprenticeship shall be 176
under the direction of the Executive Director of the Mississippi 177
Department of Employment Security. 178
(b) The Executive Director may appoint a director for 179
the Mississippi Office of Apprenticeship who shall: 180
(i) Serve at the pleasure of the Executive 181
Director; 182
(ii) Manage the Mississippi Office of 183
Apprenticeship; and 184
(iii) Perform duties as necessary to effectuate 185
the intent of this act. 186
(c) The office is established to: 187
(i) Serve as the state registration agency; 188
(ii) Establish labor standards for quality 189
pre-apprenticeships, youth apprenticeships, registered 190
apprenticeships, and apprenticeships and to safeguard the welfare 191
of apprentices; 192
(iii) Ensure equal opportunities exist in each 193
registered apprenticeship program; 194
(iv) To resolve disputes between parties to an 195
apprenticeship agreement; and 196
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(v) Comply with all federal requirements for State 197
Apprenticeship Agencies and the duties outlined in 29 CFR § 29. 198
(d) By October 1, 2026, the executive director shall 199
submit an application to the Administrator of the United States 200
Office of Apprenticeship to be recognized as the state 201
apprenticeship agency that shall comply with federal law. 202
(e) The duties created in this section are in addition 203
to the duties established for the Mississippi Department of 204
Employment Security under Section 71-5-1 et seq. 205
SECTION 4. The following shall be codified as Section 206
71-5-607, Mississippi Code of 1972: 207
71-5-607. (1) The Mississippi Office of Apprenticeship 208
shall promulgate rules, regulations, and standards necessary to 209
implement this subchapter, including, without limitation, 210
regulations addressing the registration, deregistration, 211
cancellation, and reinstatement of pre-apprenticeships, 212
apprenticeships, and apprentices as well as safeguards for the 213
welfare of apprenticeships, and the resolution of disputes between 214
parties to an apprenticeship agreement. Any such rules and 215
regulations promulgated by the Mississippi Apprenticeship Agency 216
shall be made pursuant to the procedures required by Section 217
71-5-117. 218
(2) A rule, regulation, or standard promulgated under this 219
subchapter shall conform to the registered apprenticeship 220
regulations under 29 CFR §§ 29 and 30 as well as any federal laws 221
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including, but not limited to, 29 USC § 50, and any other guidance 222
from the United States Department of Labor. 223
SECTION 5. The following shall be codified as Section 224
71-5-605, Mississippi Code of 1972: 225
71-5-605. (1) The Mississippi Office of Apprenticeship 226
shall develop a nationally recognized state apprenticeship 227
completion credential, as described in 29 CFR § 29.5, for 228
completing a registered apprenticeship program. 229
(2) The office may register apprenticeship programs that are 230
mandated by state or federal law as a result of the sponsor 231
receiving funds or resources from the state or funds or resources 232
from the United States Government that require the creation of an 233
apprenticeship program in accordance with a federal grant 234
administered by this state. 235
(3) The office will approve for federal purposes, 236
apprenticeship programs and standards that are registered in other 237
states so long as these items are officially registered in another 238
state or by another registration agency upon the request of a 239
registered apprenticeship sponsor. 240
(4) (a) The Director of the Mississippi Office of 241
Apprenticeship shall allocate state funds for the support of 242
apprenticeship training programs. 243
(b) Funding for an apprenticeship training program, in 244
addition to any other monies available, shall be based on the 245
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allocation of funds by the Office of Apprenticeship to an 246
apprenticeship program sponsor. 247
(5) The office shall establish regulations that outline the 248
process to be utilized for the cancellation and/or deregistration 249
of programs, and for temporary suspension, cancellation and/or 250
deregistration of apprenticeship agreements. 251
(6) The office shall promote apprenticeship opportunities 252
within this state. 253
(7) The office shall establish regulations to define the 254
standards and requirements for apprenticeship programs in this 255
state eligible for approval and registration by the office in 256
compliance with the requirements of 29 CFR § 29.5. 257
(8) The office shall ensure that each approved and 258
registered apprenticeship program meets performance standards in 259
compliance with 29 CFR § 29.6. 260
(9) The office will ensure that each apprenticeship 261
agreement complies with the requirements of 29 CFR § 29.7. 262
(10) The office will ensure that the process to deregister 263
an apprenticeship program complies with the requirements of 29 CFR 264
§ 29.8. In the event of a deregistration for cause as determined 265
by the office, the Director of the Mississippi Office of 266
Apprenticeship shall notify the sponsor of its appeal rights and 267
facilitate an appeals hearing, upon request, in compliance with 268
the requirements of 29 CFR § 29.10. 269
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(11) The office will comply with all notification and 270
reporting requirements promulgated by the United States Department 271
of Labor for State Apprenticeship Agencies. 272
SECTION 6. The following shall be codified as Section 273
71-5-611, Mississippi Code of 1972: 274
71-5-611. (1) There is established the Mississippi 275
Apprenticeship Advisory Council, which is an advisory body 276
composed of individuals representing employer and employee 277
organizations that are familiar with apprenticeable occupations 278
who: 279
(a) Have operational experience of or be familiar with 280
apprenticeship programs; 281
(b) Have operational experience or be familiar with 282
registered apprenticeship programs; or 283
(c) Employ registered apprentices. 284
(2) (a) The members of the council shall be as follows: 285
(i) The Executive Director of Accelerate 286
Mississippi, or his or her designee; 287
(ii) The Chairman of the State Workforce 288
Investment Board, or his or her designee; 289
(iii) The President and Chief Executive Office of 290
the Mississippi Business Alliance, or his or her designee; 291
(iv) Two (2) representatives of employer 292
organizations, appointed by the Governor; 293
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(v) One (1) representative of employee 294
organizations, appointed by the Lieutenant Governor; and 295
(vi) One (1) representative of the Mississippi 296
Community College system, appointed by the Lieutenant Governor. 297
(b) The appointments to the Apprenticeship Advisory 298
Council by the Governor and the Lieutenant Governor shall be 299
subject to the advice and consent of the Mississippi State Senate. 300
SECTION 7. The following shall be codified as Section 301
71-5-613, Mississippi Code of 1972: 302
71-5-613. (1) This chapter does not: 303
(a) Require a sponsor of a pre-apprenticeship or 304
apprenticeship to register with the Mississippi Office of 305
Apprenticeship; 306
(b) Affect funds duly distributed to a state agency, 307
college or university, or other entity receiving state or federal 308
funds in support of apprenticeship activities; or 309
(c) (i) Affect the status of the Department of 310
Education as the eligible agency to receive and administer career 311
and technical education funding under the federal Carl D. Perkins 312
Career and Technical Education Act of 2006 (20 USC § 2301 et 313
seq.). 314
(ii) The Mississippi Office of Apprenticeship, 315
with the consent of the sponsor, shall permit the apprenticeship 316
intermediary to provide the required technical instruction and 317
technical assistance, including the implementation of the 318
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ST: State apprenticeship program advisory
council; create.
competency frameworks established by the office in compliance with 319
federal laws and regulations that align with the on-the-job 320
training for apprenticeship programs registered or certified by 321
the Mississippi Office of Apprenticeship. 322
SECTION 8. This act shall take effect and be in force from 323
and after July 1, 2026, and shall stand repealed on June 30, 2026. 324