0001|            SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
    |
0002|                           SENATE BILL 232
    |
0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
    |
0004|                                   
    |
0005|     
    |
0006|     
    |
0007|                                   
    |
0008|     
    |
0009|                                   
    |
0010|     
    |
0011|                                AN ACT
    |
0012|     CREATING THE STATE WORK FORCE DEVELOPMENT BOARD; DEFINING ITS
    |
0013|     POWERS AND DUTIES.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  STATE WORK FORCE DEVELOPMENT BOARD--CREATION--
    |
0017|     FILLING VACANCIES--QUORUM--MEETINGS--REIMBURSEMENT OF MEMBERS.--
    |
0018|               A.  The "state work force development board" is
    |
0019|     created.  The board is an adjunct agency. 
    |
0020|               B.  The board consists of six ex-officio members and
    |
0021|     twenty appointed members.  The ex-officio members are the
    |
0022|     lieutenant governor; the secretary of children, youth and
    |
0023|     families; the secretary of economic development; the secretary
    |
0024|     of labor; the secretary of human services; and the
    |
0025|     superintendent of public instruction.  Of the twenty appointed
    |
<center>- 1 -</center>0001|     members, ten shall be appointed by the governor with the advice
    |
0002|     and consent of the senate, five shall be appointed by the speaker
    |
0003|     of the house of representatives and five shall be appointed by
    |
0004|     the committees' committee of the senate or, if the appointments
    |
0005|     are made in the interim, by the president pro tempore of the
    |
0006|     senate after consultation with and agreement of a majority of the
    |
0007|     members of the committees' committee. 
    |
0008|                                   (1)  The governor's appointees shall be:     
    |
0009|                         (a)  one two-year-term member consisting of
    |
0010|     a teacher, administrator or board member of a public school
    |
0011|     district;
    |
0012|                         (b)  one two-year-term member who is a
    |
0013|     faculty member, administrator or board member of a secondary or
    |
0014|     post-secondary vocational education institution; 
    |
0015|                         (c)  four two-year-term members appointed
    |
0016|     from persons representative of business and industry;
    |
0017|                         (d)  two two-year-term members representing
    |
0018|     organized labor; and
    |
0019|                         (e)  two two-year-term members appointed
    |
0020|     from any two of the following entities: local welfare agencies;
    |
0021|     public housing agencies; units of general local government or
    |
0022|     consortia of those units who shall be appointed from nominations
    |
0023|     made by chief elected officials of the units or consortia; state
    |
0024|     and local programs that receive funding under an applicable
    |
0025|     federal human resources program that the governor determines have
    |
<center>- 2 -</center>0001|     a direct interest in the use of human resources within the state;
    |
0002|     and individuals that have special knowledge and qualifications
    |
0003|     with respect to special education and career development needs of
    |
0004|     hard-to-serve individuals.
    |
0005|                    (2)  The speaker of the house's appointees shall
    |
0006|     be:
    |
0007|                         (a)  one two-year-term member who is a
    |
0008|     faculty member, administrator or board of regent member of a
    |
0009|     post-secondary institution of higher education;
    |
0010|                         (b)  one two-year-term member appointed
    |
0011|     from persons representative of business and industry;
    |
0012|                         (c)  two two-year-term members representing
    |
0013|     organized labor; and
    |
0014|                         (d)  one two-year-term member appointed
    |
0015|     from any one of the following entities: local welfare agencies;
    |
0016|     public housing agencies; units of general local government or
    |
0017|     consortia of those units who shall be appointed from nominations
    |
0018|     made by chief elected officials of the units or consortia; state
    |
0019|     and local programs that receive funding under an applicable
    |
0020|     federal human resources program that the speaker determines have
    |
0021|     a direct interest in the use of human resources within the state;
    |
0022|     and individuals that have special knowledge and qualifications
    |
0023|     with respect to special education and career development needs of
    |
0024|     hard-to-serve individuals.
    |
0025|                    (3)  The senate committees' committee's
    |
<center>- 3 -</center>0001|     appointees shall be:
    |
0002|                              (a)  one two-year-term member who is a
    |
0003|     staff member or volunteer from a nonprofit community-based
    |
0004|     organization;
    |
0005|                              (b)  two two-year-term members
    |
0006|     appointed from persons representative of business and industry;
    |
0007|                              (c)  one two-year-term member
    |
0008|     representing organized labor; and
    |
0009|                              (d)  one two-year-term member
    |
0010|     appointed from any one of the following entities: local welfare
    |
0011|     agencies; public housing agencies; units of general local
    |
0012|     government or consortia of those units who shall be appointed
    |
0013|     from nominations made by chief elected officials of the units or
    |
0014|     consortia; state and local programs that receive funding under an
    |
0015|     applicable federal human resources program that the committee
    |
0016|     determines have a direct interest in the use of human resources
    |
0017|     within the state; and individuals that have special knowledge and
    |
0018|     qualifications with respect to special education and career
    |
0019|     development needs of hard-to-serve individuals.
    |
0020|               C.  A vacancy on the board shall be filled by an
    |
0021|     appointment of a successor from the same general category of
    |
0022|     representation as his predecessor.  A member shall serve until
    |
0023|     his successor is qualified. 
    |
0024|               D.  The lieutenant governor is the chairman of the
    |
0025|     board. 
    |
<center>- 4 -</center>0001|               E.  The board shall meet at the call of the chairman.
    |
0002|               F.  A majority of the board constitutes a quorum. 
    |
0003|               G.  Appointed members who are not government employees
    |
0004|     entitled to reimbursement by their respective employers shall be
    |
0005|     paid pursuant to the Per Diem and Mileage Act.
    |
0006|               H.  The governor shall request two members from the
    |
0007|     house of representatives and two members from the senate to
    |
0008|     participate as advisory members of the board.  
    |
0009|          Section 2.  DUTIES OF THE STATE WORK FORCE DEVELOPMENT
    |
0010|     BOARD.--
    |
0011|               A.  The state work force development board shall
    |
0012|     review and approve those parts of the annual plans of the
    |
0013|     following cabinet departments pertaining to employment, training
    |
0014|     and employment-related education and human services programs and
    |
0015|     review the budget items of those parts of the plans:  children,
    |
0016|     youth and families department; economic development department;
    |
0017|     human services department; labor department; and the state
    |
0018|     department of public education.
    |
0019|               B.  The board shall develop and coordinate the
    |
0020|     implementation of a ten-year comprehensive work force development
    |
0021|     plan of specific goals, objectives and policies for the state. 
    |
0022|     This plan shall be updated annually and revised as necessary. 
    |
0023|     State agencies involved in work force development activities
    |
0024|     shall submit their goals, objectives and policies to the board
    |
0025|     for its annual review and potential inclusion in the plan.  The
    |
<center>- 5 -</center>0001|     plan shall include recommendations to the legislature and the
    |
0002|     governor on the modification, consolidation, initiation and
    |
0003|     coordination of work force training and education programs in the
    |
0004|     state.  
    |
0005|               C.  The board shall prepare a five-year strategic plan
    |
0006|     for state work force development to implement the specific
    |
0007|     comprehensive goals, objectives and policies of the state.  State
    |
0008|     agencies involved in work force development activities and
    |
0009|     applicable regional or local boards or councils shall submit
    |
0010|     their plans and programs to the board for its annual review and
    |
0011|     potential inclusion in the strategic plan.  The five-year
    |
0012|     strategic plan for state work force development shall be updated
    |
0013|     annually.  The plan shall include recommendations to the
    |
0014|     legislature and the governor on the modification, consolidation,
    |
0015|     initiation and coordination of work force training and education
    |
0016|     programs in the state.
    |
0017|               D.  In addition to its responsibilities pursuant to
    |
0018|     Subsections A, B and C of this section, the board shall:
    |
0019|                    (1)  develop a method of evaluation for
    |
0020|     attainment of goals and objectives of the five-year plan and the
    |
0021|     ten-year plan that includes a system to measure program
    |
0022|     performance, identify accomplishments and evaluate programs to
    |
0023|     ensure goals and standard are met;
    |
0024|                    (2)  monitor the implementation and evaluate the
    |
0025|     effectiveness of the five-year plan and the ten-year plan;
    |
<center>- 6 -</center>0001|                    (3)  review the provision of services and use of
    |
0002|     funds and resources under applicable federal and state training,
    |
0003|     education and employment-related programs and advise the governor
    |
0004|     on methods of coordinating the provision of services and use of
    |
0005|     funds and resources consistent with the laws and regulations
    |
0006|     governing those programs;
    |
0007|                    (4)  perform the duties and functions described
    |
0008|     for existing state councils described under laws relating to the
    |
0009|     applicable federal and state programs;
    |
0010|                    (5)  provide policy advice for any federal act
    |
0011|     pertaining to work force development that is not required by
    |
0012|     state or federal law to be provided by another body;
    |
0013|                    (6)  identify policies to reduce administrative
    |
0014|     and other barriers to efficient operation of the state's work
    |
0015|     force development system, including among those policies
    |
0016|     provisions for waivers of statutory requirements and
    |
0017|     administrative rules for implementation of one-stop access to
    |
0018|     work force development systems; and
    |
0019|               (7)  upon enactment of new federal initiatives
    |
0020|     relating to work force development, advise the governor and the
    |
0021|     legislature on mechanisms for integrating the federal initiatives
    |
0022|     into the state's work force development system and make
    |
0023|     recommendations on legislative or administrative measures
    |
0024|     necessary to streamline and coordinate state efforts to meet
    |
0025|     federal guidelines.
    |
<center>- 7 -</center>0001|          Section 3.  WORK FORCE DEVELOPMENT REGIONS--REGIONAL
    |
0002|     BOARDS--DUTIES AND RESPONSIBILITIES.--
    |
0003|               A.  The state work force development board shall
    |
0004|     designate seven work force development regions in the state.  The
    |
0005|     designated regions shall be identical to the planning districts
    |
0006|     established in the Planning District Act.  
    |
0007|               B.  The board shall establish a regional work force
    |
0008|     development board in each work force development region.  A
    |
0009|     regional work force development board shall:
    |
0010|                    (1)  advise the state work force development
    |
0011|     board on issues relating to regional and local work force
    |
0012|     development needs; 
    |
0013|                    (2)  prepare annual regional work force
    |
0014|     development plans for the implementation and promotion of
    |
0015|     employment, job training and employment-related education and
    |
0016|     human resources programs; and
    |
0017|                    (3)  establish service delivery agreements among
    |
0018|     regional service providers to coordinate employment, job training
    |
0019|     and employment-related education and human resources programs at
    |
0020|     the local level. 
    |
0021|               C.   A regional work force development board shall
    |
0022|     have a minimum of fifty-one percent of its members coming from
    |
0023|     the private sector and shall include representation of education,
    |
0024|     government and community-based organizations and others as
    |
0025|     appropriate and shall be appointed or ratified by local elected
    |
<center>- 8 -</center>0001|     public officials. 
    |
0002|          Section 4.  APPLICABLE HUMAN RESOURCES PROGRAM DEFINED.--
    |
0003|               A.  As used in this section, "applicable human
    |
0004|     resources program" means a program receiving federal funds that
    |
0005|     the governor and the legislature agree to include within the
    |
0006|     purview of the state work force development board.
    |
0007|               B.  Applicable human resources programs:
    |
0008|                    (1)  include programs authorized pursuant to:
    |
0009|                         (a)  the federal Job Training Partnership
    |
0010|     Act;
    |
0011|                         (b)  the federal Carl D. Perkins Vocational
    |
0012|     and Applied Technology Education Act;
    |
0013|                         (c)  the federal Adult Education Act;
    |
0014|                         (d)  the federal Wagner Peyser Act;
    |
0015|                         (e)  Part A of Title 4 of the federal
    |
0016|     Social Security Act;
    |
0017|                         (f)  the training portion of the federal
    |
0018|     Personal Responsibility and Work Opportunity Reconciliation Act
    |
0019|     of 1996;
    |
0020|                         (g)  the federal Welfare to Work Act; and
    |
0021|                         (h)  the federal School-to-Work
    |
0022|     Opportunities Act of 1994; and
    |
0023|                    (2)  do not include programs authorized under
    |
0024|     the federal Rehabilitation Act of 1973.
    |
0025|          Section 5.  FUNDING--PERSONNEL.--
    |
<center>- 9 -</center>0001|               A.  To carry out its functions, the state work force
    |
0002|     development board may:
    |
0003|                    (1)  use funds otherwise available for state
    |
0004|     councils under the applicable federal human resources programs
    |
0005|     consistent with the laws and regulations governing those
    |
0006|     programs; and
    |
0007|                    (2)  use funds, services, personnel, facilities
    |
0008|     and information provided by state and local public agencies, with
    |
0009|     the consent of the agencies.
    |
0010|               B.  Staff support for the board shall be provided
    |
0011|     equally by each of the state agencies represented on the board.
    |
0012|          Section 6.  EFFECTIVE DATE.--The effective date of the
    |
0013|     provisions of this act is July 1, 1998.
    |
0014|                               
    |