MS Office of Apprenticeship; create under State Workforce Investment Board., the official text

MISSISSIPPI
LEGISLATURE

2026 Regular Session

To: Workforce Development;
Appropriations A

By: Representatives Bell
(21st), Anthony

House Bill 1696

(As Sent to Governor)

AN ACT TO CREATE THE MISSISSIPPI OFFICE OF APPRENTICESHIP
ACT; TO DEFINE CERTAIN TERMS; TO CREATE THE MISSISSIPPI OFFICE OF
APPRENTICESHIP UNDER THE MISSISSIPPI STATE WORKFORCE INVESTMENT BOARD; TO STATE
THE PURPOSES OF THE OFFICE; TO REQUIRE THE OFFICE OF APPRENTICESHIP TO
PROMULGATE RULES NECESSARY FOR THE IMPLEMENTATION OF THIS ACT; TO PRESCRIBE THE
DUTIES OF THE OFFICE OF APPRENTICESHIP; TO CREATE THE MISSISSIPPI
APPRENTICESHIP COUNCIL AS AN ADVISORY COUNCIL TO THE OFFICE; 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.  This act is known and may be
cited as the "Mississippi Office of Apprenticeship Act".

SECTION
2.  As used in this act, 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, and
authorized by, federal laws and regulations, including 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 for an
apprenticeship program authorized by, and in compliance with, federal laws and
regulations that contain the terms and conditions of the apprentice's
employment and training of the apprentice consistent with the requirements of
federal laws and regulations, including 29 CFR Section 29.7 and this act.

(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 Registration Agency.  Only the Mississippi Office of Apprenticeship
may promulgate apprenticeship programs.  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 state law or relevant federal
regulations as appropriate, 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.
The rules for the cancellation or termination of programs authorized under
state law must follow the regulations issued by the Mississippi Office of
Apprenticeship.

(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)
"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.

(k)
"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.

(l)
"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.

(m)
"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.

(n)
"Office of Apprenticeship" means the Mississippi Office of
Apprenticeship established under Section 3 of this act.

(o)
"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.

(p)
"Provisional registration" means the one-year initial provisional
approval of newly registered programs under federal regulations which 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).

(q)
"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 act
and as applicable to the programs authorized under state or federal laws and
regulations.

(r)  "Registered
apprenticeship" means the acceptance and recording of an apprenticeship
agreement or program by the Mississippi Office of Apprenticeship as evidence of
the program's compliance with labor standards for quality apprenticeships as
authorized by federal laws and regulations.

(s)
"Registration 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 authorized by federal laws and regulations.

(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 registered or approved under
federal law for an apprenticeship program and in whose name the apprenticeship
program is to be registered or approved.

(v)
"State office" means the Mississippi Office of Apprenticeship, under
the Mississippi State Workforce Investment Board, 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 act or guidance from the Office of Apprenticeship
on how to remedy nonconformity with this act under the applicable federal laws
and regulations.

(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.  (1)  There is created the
Mississippi Office of Apprenticeship under the Mississippi State Workforce
Investment Board, 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 committee of the Mississippi State Workforce Investment Board.

(b)
The executive committee shall select a Director for the Mississippi Office of
Apprenticeship, with the advice and consent of a majority of the State
Workforce Investment Board, who must possess demonstrated experience in
the development or operation of an apprenticeship for a private-sector
employer.  The director shall:

(i)
Be a person with extensive experience with registered apprenticeships
and possess no less than five (5) years professional experience related to
registered apprenticeships;

(ii)
Manage the Mississippi Office of Apprenticeship;

(iii)
Perform functions necessary for the daily operation and administration
of the office, with oversight from the executive committee of the State
Workforce Investment Board, to fulfill the duties of the Office of
Apprenticeship, as described in this act;

(iv)  Hire staff
needed for the performance of duties under this act and, with the approval of
the executive committee of the State Workforce Investment Board, set the
compensation of hired employees from any funds available for that purpose;

(v)  Serve at the
will and pleasure of the executive committee of the State Workforce Investment
Board;

(vi)  Promulgate
rules and regulations, subject to oversight by the State Workforce Investment
Board, not inconsistent with this act, as may be necessary to enforce the
provisions of this act; and

(vii)  Perform other
actions determined by the executive committee to be necessary to fulfill the
duties under this act.

(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 in these programs;

(iii)  To establish
labor standards for youth apprenticeships and federally registered
apprenticeships and for safeguarding the welfare of apprentices in these
programs;

(iv)
To ensure equal opportunities exist in each registered apprenticeship
authorized by federal law and to safeguard the welfare of apprentices in these
programs;

(v)
To resolve disputes between parties to an apprenticeship agreement;

(vi)
To comply with all federal requirements for state apprenticeship agencies and
the duties outlined in 29 CFR Section 29; and

(vii)  To support,
assess, assist, monitor and regulate all registered apprenticeship programs
authorized or funded by the United States Department of Labor.

(3)
Before July 31, 2026, the executive committee of the State Workforce Investment
Board 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 State Workforce Investment Board under Chapter 153, Title
37, 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 special fund
monies annually appropriated specifically for such purposes.

SECTION
4.  The Mississippi Office of
Apprenticeship shall promulgate rules, regulations and standards necessary to
implement this act in compliance with federal laws and regulations as
promulgated by the United States Department of Labor,
as well as all legal safeguards for the welfare of apprentices in these
programs and the resolution of disputes between parties to an apprentice in
these programs 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 and comply with the applicable laws or
regulations governing the specific program.

SECTION
5.  (1)  The Mississippi Office
of Apprenticeship shall develop a nationally recognized federal apprenticeship
completion credentials, as described in 29 CFR Section 29.5.

(2)
The office may register apprenticeship programs that meet the requirements of
federal laws and regulations established by the United States Department of
Labor.

(3)
The office will accord reciprocal approval, for federal purposes, to
apprenticeship programs that are registered in other states and approved
by the United States Department of Labor's Office of Apprenticeship or a
registered state apprenticeship agency if such reciprocity is requested by a
registered apprenticeship sponsor.  A program sponsor seeking reciprocal
approval must meet the wage and hour provisions and the apprenticeship ratio
standards of this state.

(4)
(a)  The Director of the Mississippi Office of Apprenticeship shall allocate
state funds for the support of registered apprenticeship training programs
authorized under state law.

(b)
Funding for a registered apprenticeship training program, in addition to any
other monies 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 under
federal law and regulations.

(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 for programs authorized by federal
laws and regulations, including eligibility criteria required for approval and
registration by the office in compliance with the requirements of federal laws
and regulations.

(8)
The office shall ensure that each approved and registered apprenticeship
program authorized under federal law meets performance standards in compliance
with 29 CFR Section 29.6.

(9)
The office will ensure that each apprenticeship agreement authorized under
federal law complies with the requirements of 29 CFR Section 29.7.

(10)
The office will ensure that the process to deregister an apprenticeship program
authorized under federal law 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 apprenticeship
programs authorized under federal laws or regulations.

SECTION
6.  (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 Mississippi 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 Chief
Executive Officer of the Mississippi Business Alliance, or his or her designee;

(d)  One (1) individual
representing an employer organization who meets the qualifications described in
subsection (3), appointed by the Governor;

(e)  One (1) individual
representing an employee organization who meets the qualifications described in
subsection (3), appointed by the Governor;

(f)  One (1) individual
representing an employer organization who meets the qualifications described in
subsection (3), appointed by the Lieutenant Governor;

(g)  One (1) individual
representing an employee organization who meets the qualifications described in
subsection (3), appointed by the Lieutenant Governor;

(h)  One (1) individual
representing an employer organization who meets the qualifications described in
subsection (3), appointed by the Speaker; and

(i)  One (1) individual
representing an employee organization who meets the qualifications described in
subsection (3), appointed by the Speaker.

(2)  The council must
include an equal number of representatives of employer and employee
organizations and must include public members who may not exceed in number the
number named to represent either employer or employee organizations.

(3)  Each person appointed
under paragraphs (d) 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.

(4)
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 (d) through (i) of subsection (1) expire, successors shall be
appointed for a term of five (5) years.

(5)
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.

(6)
The council shall meet at least two (2) times in a fiscal year.

(7)
The council shall:

(a)
Operate under the direction of the Mississippi Office of Apprenticeship;

(b)
Provide advice to the Mississippi Office of Apprenticeship regarding its duties
under Section 5 of this act;

(c)  Provide advice to
the Mississippi Office of Apprenticeship on matters involving apprenticeships,
including:

(i)  Developing
federal apprenticeship programs in emerging, high-demand sectors and
nontraditional industries to align with state workforce needs;

(ii)  Promoting
alternative pathways for apprenticeships and job training for youth or
economically disadvantaged populations of the state;

(iii)  Recommend
strategies to strengthen linkages between education, apprenticeships and
experiential job-training programs;

(iv)  Recommend
strategies on the use of data to better track program outcomes and identify
opportunities for new apprenticeships;

(v)  Recommend
strategies for recruitment and retention for all populations in the state in
apprenticeships; and

(vi)  Recommend
strategies for the development of partnerships with employers, educational
institutions and community organizations to build a more robust, interconnected
apprenticeship ecosystem;

(d)
Provide community outreach and education regarding the benefits of registered apprenticeship;

(e)  Present
recommendations to the Mississippi Office of Apprenticeship regarding standards
and methods to improve federally authorized programs under this act before
April 1 of each year; and

(f)
Meet with any state agency or board in this state with information relevant to
apprenticeships.

SECTION
7.  This act does not:

(1)
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.); or

(2)
Impair the Mississippi Office of Apprenticeship's ability, with the consent of
the sponsor, to 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.
Sections 1 through 8 of this act shall stand repealed on July 1, 2030.

SECTION
9.  This act shall take effect and be
in force from and after July 1, 2026.