2026 Regular Session
To: Workforce Development; Appropriations A
By: Representatives Bell (21st), Anthony
AN ACT TO CREATE NEW SECTION 71-5-601, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI OFFICE OF APPRENTICESHIP ACT; TO CREATE NEW SECTION 71-5-603, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO CREATE NEW SECTION 71-5-605, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI OFFICE OF APPRENTICESHIP WITHIN THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY; TO STATE THE PURPOSES OF THE OFFICE; TO CREATE NEW SECTION 71-5-607, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF APPRENTICESHIP TO PROMULGATE RULES NECESSARY FOR THE IMPLEMENTATION OF THIS ACT; TO CREATE NEW SECTION 71-5-609, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE DUTIES OF THE OFFICE OF APPRENTICESHIP; TO CREATE NEW SECTION 71-5-611, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI APPRENTICESHIP COUNCIL AS AN ADVISORY COUNCIL TO THE OFFICE; TO CREATE NEW SECTION 71-5-613, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT APPRENTICESHIP PROGRAMS AND SPONSORS ARE NOT REQUIRED TO REGISTER WITH THE OFFICE OF APPRENTICESHIP; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 71-5-601, Mississippi Code of 1972:
71-5-601. This article is known and may be cited as the "Mississippi Office of Apprenticeship Act".
SECTION 2. The following shall be codified as Section 71-5-603, Mississippi Code of 1972:
71-5-603. As used in this article, the following words and phrases have the meanings provided in this section unless the context clearly requires otherwise:
(a) "Apprentice" means a worker who:
(i) Is at least sixteen (16) years of age; and
(ii) Is employed to learn an apprenticeable occupation, as defined in 29 CFR Section 29.4, under standards of apprenticeship fulfilling the requirements of 29 CFR Section 29.5.
(b) "Apprenticeship" means a written agreement, complying with 29 CFR Section 29.7, between an apprentice and either the apprentice's program sponsor or an apprenticeship committee acting as agent for the program sponsor or sponsors, which agreement contains the terms and conditions of the employment and training of the apprentice.
(c) "Apprenticeship agreement" means a written agreement between an apprentice and a sponsor which contains the terms and conditions of the apprentice's employment and training of the apprentice consistent with the requirements of 29 CFR Section 29.7 and this article.
(d) "Apprenticeship Council" means the Mississippi Apprenticeship Council, an entity established to assist the Mississippi Office of Apprenticeship. The Apprenticeship Council is ineligible for recognition as the State's Registration Agency. Only the Mississippi Office of Apprenticeship may promulgate apprenticeship. This Council must provide advice and guidance to the Mississippi Office of Apprenticeship on the operation of this state's apprenticeship system.
(e) "Apprenticeship intermediary" means an entity that provides required technical instruction to an apprentice.
(f) "Apprenticeship program" means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, as required under this article and 29 CFR Section 30, including such matters as the requirement for a written apprenticeship agreement.
(g) "Cancellation" means the termination of the registration or approval status of a program or apprenticeship at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice.
(h) "Competency" means the attainment of manual, mechanical or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.
(i) "Completion rate" means the percentage of an apprenticeship cohort who receive a certificate of apprenticeship completion within one (1) year of the projected completion date. An apprenticeship cohort is the group of individual apprentices registered to a specific program during a period of one (1) year, except that a cohort does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period.
(j) "Department" means the United States Department of Labor.
(k) "Deregistration" means the termination of the registration of an apprenticeship based upon a written request of the sponsor or after a determination of cause by the Mississippi Office of Apprenticeship.
(l) "Employer" means an employer, as defined in Section 71-5-11, employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice.
(m) "Interim credentials" means a credential issued by the Mississippi Office of Apprenticeship, upon request of the appropriate sponsor, as certification of competency attainment by an apprentice.
(n) "Journey worker" means a worker who has attained a level of skill, abilities and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. "Journey worker" includes a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training.
(o) "Office of Apprenticeship" means the Mississippi Office of Apprenticeship established pursuant to Section 71-5-605.
(p) "On-the-job training" means training that:
(i) Is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation;
(ii) Is made available through an apprenticeship registered with the Mississippi Office of Apprenticeship which provides reimbursement to the employer of up to fifty percent (50%) of the apprentice's wage rate for the purpose of covering the employer's costs of providing the training and additional supervision related to the training, except as provided in 29 USC Section 3174(c)(3)(H); and
(iii) Is limited in duration as appropriate to the occupation for which the apprentice is being trained, based on the content of the training, the apprentice's prior work experience, and the apprentice's service strategy, as appropriate.
(q) "Provisional registration" means the one-year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval may be made permanent, continued as provisional, or rescinded following a review by the Mississippi Office of Apprenticeship, as provided for in the criteria described in 29 CFR Section 29.3(g) and (h).
(r) "Quality assurance assessment" means a comprehensive review conducted by the Mississippi Office of Apprenticeship regarding all aspects of an apprenticeship program's performance, including, but not limited to, determining if apprentices are receiving: on-the-job training in all phases of the apprenticeable occupation; scheduled wage increases consistent with the registered standards; related instruction through appropriate curriculum and delivery systems; and that the registration agency is receiving notification of all new registrations, cancellations and completions as required in this article.
(s) "Registration of an apprenticeship agreement" means the acceptance and recording of an apprenticeship agreement by the Mississippi Office of Apprenticeship as evidence of the apprentice's participation in a particular registered apprenticeship program.
(t) "Related technical instruction" means an organized and systematic form of instruction designed to provide an apprentice with knowledge of the theoretical and technical subjects related to his or her trade or occupations approved by the Mississippi Office of Apprenticeship. "Related technical instruction" includes instruction that is provided:
(i) In a classroom;
(ii) Through occupation or industrial courses;
(iii) By correspondence courses;
(iv) Through electronic media; or
(v) Through other forms of self-study.
(u) "Sponsor" means a person, association, committee, business, state agency or organization operating an apprenticeship program and in whose name the apprenticeship program is to be registered or approved.
(v) "State office" means that Mississippi Office of Apprenticeship, a division of the Mississippi Department of Employment Security, designated as the point of contact for the Mississippi Office of Apprenticeship.
(w) "Technical Assistance" means guidance provided by Mississippi Office of Apprenticeship staff in the development, revision, amendment or processing of a potential or current program sponsor's standards of apprenticeship, apprenticeship agreements, or advice or consultation with a program sponsor to further compliance with this article or guidance from the Office of Apprenticeship to the Mississippi Office of Apprenticeship on how to remedy nonconformity with this article.
(x) "Transfer" means a shift of apprenticeship registration from one (1) program to another or from one (1) employer within a program to another employer within that same program, where there is agreement between the apprentice and the affected apprenticeship committees or program sponsors.
SECTION 3. The following shall be codified as Section 71-5-605, Mississippi Code of 1972:
71-5-605. (1) There is created the Mississippi Office of Apprenticeship within the Mississippi Department of Employment Security, which is Mississippi's state apprenticeship agency in accordance with 29 USC Section 50 and 29 CFR Sections 29 and 30.
(2) (a) The Mississippi Office of Apprenticeship shall be under the direction of the Executive Director of the Mississippi Department of Employment Security.
(b) The executive director may appoint a Director for the Mississippi Office of Apprenticeship, who must possess demonstrated experience in the development or operation of an apprenticeship or work-based learning program for a private-sector employer. The director shall:
(i) Serve at the pleasure of the executive director;
(ii) Manage the Mississippi Office of Apprenticeship; and
(iii) Perform duties as necessary to effectuate the intent of this article.
(c) The office is established for the following purposes:
(i) To serve as the state registration agency;
(ii) To establish labor standards for quality youth apprenticeships and registered apprenticeships, and to safeguard the welfare of apprentices;
(iii) To ensure equal opportunities exist in each registered apprenticeship program;
(iv) To resolve disputes between parties to an apprenticeship agreement; and
(v) To comply with all federal requirements for state apprenticeship agencies and the duties outlined in 29 CFR Section 29.
(3) Before July 31, 2026, the executive director shall submit an application to the Administrator of the United States Office of Apprenticeship to be recognized as the state apprenticeship agency that shall comply with applicable federal law.
(4) The duties created in this section are in addition to the duties established for the Mississippi Department of Employment Security under Chapter 5, Title 71, Mississippi Code of 1972.
(5) Subject to the availability of funding, the administrative and operational expenses of the Mississippi Office of Apprenticeship shall be paid using state general fund monies annually appropriated specifically for such purposes.
SECTION 4. The following shall be codified as Section 71-5-607, Mississippi Code of 1972:
71-5-607. (1) The Mississippi Office of Apprenticeship shall promulgate rules, regulations and standards necessary to implement this article, including, but not limited to, regulations addressing the registration, deregistration, cancellation and reinstatement of apprenticeships and apprentices, as well as safeguards for the welfare of apprenticeships, and the resolution of disputes between parties to an apprenticeship agreement. The rules and regulations promulgated by the Mississippi Office of Apprenticeship must be made pursuant to the procedures required under Section 71-5-117.
(2) A rule, regulation or standard promulgated under this article must conform to the registered apprenticeship regulations under 29 CFR Sections 29 and 30 as well as any federal laws including, but not limited to, 29 USCA Section 50, and any other guidance from the United States Department of Labor.
SECTION 5. The following shall be codified as Section 71-5-609, Mississippi Code of 1972:
71-5-609. (1) The Mississippi Office of Apprenticeship shall develop a nationally recognized state apprenticeship completion credential, as described in 29 CFR Section 29.5, for completing a registered apprenticeship program.
(2) The office may register apprenticeship programs that are mandated by state or federal law as a result of the sponsor receiving funds or resources from the state or funds or resources from the United States Government which require the creation of an apprenticeship program in accordance with a federal grant administered by this state.
(3) The office will approve, for federal purposes, apprenticeship programs and standards that are registered in other states so long as these items are officially registered in another state or by another registration agency upon the request of a registered apprenticeship sponsor.
(4) (a) The Director of the Mississippi Office of Apprenticeship shall allocate state funds for the support of registered apprenticeship training programs.
(b) Funding for a registered apprenticeship training program, in addition to any other moneys available, must be based on the allocation of funds by the Office of Apprenticeship to an apprenticeship program sponsor.
(5) The office shall establish regulations that outline the process to be utilized for the cancellation or deregistration, or both, of programs, and for temporary suspension, cancellation or deregistration of apprenticeship agreements.
(6) The office shall promote apprenticeship opportunities within the state.
(7) The office shall establish regulations to define the standards and requirements for apprenticeship programs in this state eligible for approval and registration by the office in compliance with the requirements of 29 CFR Section 29.5.
(8) The office shall ensure that each approved and registered apprenticeship program meets performance standards in compliance with 29 CFR Section 29.6.
(9) The office will ensure that each apprenticeship agreement complies with the requirements of 29 CFR Section 29.7.
(10) The office will ensure that the process to deregister an apprenticeship program complies with the requirements of 29 CFR Section 29.8. In the event of a deregistration for cause, as determined by the office, the Director of the Mississippi Office of Apprenticeship shall notify the sponsor of its appeal rights and facilitate an appeals hearing, upon request, in compliance with the requirements of 29 CFR Section 29.10.
(11) The office shall comply with all notification and reporting requirements promulgated by the United States Department of Labor for state apprenticeship agencies.
SECTION 6. The following shall be codified as Section 71-5-611, Mississippi Code of 1972:
71-5-611. (1) There is established the Mississippi Apprenticeship Advisory Council, which is an advisory body composed of the following individuals:
(a) The Executive Director of the Office of Workforce Development, or his or her designee;
(b) The Chairman of the Mississippi State Workforce Investment Board, or his or her designee;
(c) The Director of Workforce Education of the Mississippi Community College Board, or his or her designee;
(d) The Chief Executive Officer of the Mississippi Business Alliance, or his or her designee;
(e) One (1) individual representing an employer organization who meets the qualifications described in subsection (2), appointed by the Governor;
(f) One (1) individual representing an employee organization who meets the qualifications described in subsection (2), appointed by the Governor;
(g) One (1) individual meeting the qualifications described in subsection (2), appointed by the Governor;
(h) One (1) individual meeting the qualifications described in subsection (2), appointed by the Lieutenant Governor; and
(i) One (1) individual meeting the qualifications described in subsection (2), appointed by the Speaker of the House of Representatives.
(2) Each person appointed under paragraphs (e) through (i) of subsection (1) must be familiar with apprenticeable occupations and either:
(a) Have operational experience or familiarity with registered apprenticeship programs; or
(b) Employ registered apprentices.
(3) The terms for initial members shall begin on October 1, 2026. The terms of persons appointed to the board other than those serving ex officio are three (3) years. As the terms for the initial members appointed pursuant to paragraphs (e) through (i) of subsection (1) expire, successors shall be appointed for a term of five (5) years.
(4) Whenever a vacancy on the apprenticeship council exists, the appointing authority shall appoint a member from the same category of representation under subsection (1) that the vacating member represented for the remainder of the unexpired term.
(5) The council shall meet at least two (2) times in a fiscal year.
(6) The council shall:
(a) Operate under the direction of the Mississippi Office of Apprenticeship;
(b) Advise the Mississippi Office of Apprenticeship regarding its duties under Section 71-5-609;
(c) Provide community outreach and education regarding the benefits of registered apprenticeship;
(d) Recommend approved training methods for the operation of registered apprenticeship programs in Mississippi;
(e) Recommend enforcement actions for apprenticeship program sponsors that are not operating in accordance with the regulations of Mississippi's Registered Apprenticeship Programs; and
(f) Meet with any state agency or board with information relevant to apprenticeships.
SECTION 7. The following shall be codified as Section 71-5-613, Mississippi Code of 1972:
71-5-613. (1) This article does not:
(a) Require a sponsor of an apprenticeship to register with the Mississippi Office of Apprenticeship;
(b) Affect funds duly distributed to a state agency, college or university, or other entity receiving state or federal funds in support of apprenticeship activities; or
(c) Affect the status of the State Department of Education as the eligible agency to receive and administer career and technical education funding under the federal Carl D. Perkins Career and Technical Education Act of 2006 (20 USC Section 2301 et seq.).
(2) The Mississippi Office of Apprenticeship, with the consent of the sponsor, shall permit the apprenticeship intermediary to provide the required technical instruction and technical assistance, including the implementation of the competency frameworks established by the office in compliance with federal laws and regulations that align with the on-the-job training for apprenticeship programs registered or certified by the Mississippi Office of Apprenticeship.
SECTION 8. This act shall take effect and be in force from and after July 1, 2026.