AN ACT

RELATING TO GOVERNMENT REORGANIZATION; AMENDING STATE WORKFORCE DEVELOPMENT BOARD REPRESENTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 50-14-3 NMSA 1978 (being Laws 1999, Chapter 260, Section 3) is amended to read:

"50-14-3. STATE WORKFORCE DEVELOPMENT BOARD.--

A. The "state workforce development board" is created. The board consists of members as provided in the federal Workforce Investment Act of 1998 as follows:

(1) the governor;

(2) the speaker of the house of representatives shall appoint two members from the house of representatives;

(3) the president pro tempore shall appoint two members from the senate; and

(4) the governor shall appoint:

(a) the secretary of economic development or the secretary's designee;

(b) the secretary of human services or the secretary's designee;

(d) the secretary of public education or the secretary's designee;

(e) representatives of business to ensure that a majority of the members of the board are representatives of business;

(f) two representatives of organized labor nominated by organized labor;

(g) two chief elected officials;

(h) two representatives of organizations that have special knowledge and experience of youth training activities;

(i) two representatives of organizations that have experience and expertise in the delivery of workforce investment activities, including one chief executive officer of a community college; and

(j) one community-based organization that conducts training activities.

B. In making the appointments, the speaker of the house, the president pro tempore and the governor shall consider gender, ethnicity and geographic diversity.

C. A vacancy on the board shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.

D. All terms shall be for four years.

E. A majority of the members of the board shall be representatives of business who are owners of businesses, chief executives or operating officers of businesses and other business executives or employers with optimum policymaking or hiring authority, including members of local boards.

F. The governor shall appoint one of the business representatives as chairman of the board.

G. The board shall meet at the call of the chairman.

H. A majority of the board members constitutes a quorum.

I. Members are eligible to be paid pursuant to the Per Diem and Mileage Act.

J. A member of the board may not vote on a matter under consideration by the board relating to provision of services by the member or by the entity the member represents, or that would provide direct financial benefit to the member or his immediate family, or that is an activity determined by the governor to be a conflict of interest as provided in the state plan prepared pursuant to the federal Workforce Investment Act

of 1998."