0001|                            HOUSE BILL 438
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           NICK L. SALAZAR
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     CREATING THE STATE WORK FORCE DEVELOPMENT BOARD; DEFINING ITS
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0012|     POWERS AND DUTIES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  WORK FORCE DEVELOPMENT BOARD--CREATION--
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0016|     FILLING VACANCIES--QUORUM--MEETINGS--REIMBURSEMENT OF
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0017|     MEMBERS.--
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0018|               A.  The "state work force development board" is
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0019|     created.  The board is an adjunct agency. 
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0020|               B.  The board consists of six ex-officio members
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0021|     and twenty members appointed by the governor with the advice
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0022|     and consent of the senate.  The ex-officio members are the
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0023|     lieutenant governor; the secretary of children, youth and
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0024|     families; the secretary of economic development; the secretary
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0025|     of labor; the secretary of human services; and the
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0001|     superintendent of public instruction.  The appointed members
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0002|     are: 
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0003|                    (1)  four two-year term members consisting of
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0004|     a teacher, administrator or board member of a public school
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0005|     district; a faculty member, administrator or board of regent
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0006|     member of a post-secondary institution of higher education; a
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0007|     faculty member, administrator or board member of a secondary
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0008|     or post-secondary vocational education institution; and a
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0009|     board member, staff member or volunteer from a nonprofit
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0010|     community-based organization;
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0011|                    (2)  nine two-year term members appointed from
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0012|     persons representative of business and industry;
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0013|                    (3)  four two-year term members representing
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0014|     organized labor; and
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0015|                    (4)  three two-year term members appointed
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0016|     from any three of the following entities: local welfare
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0017|     agencies; public housing agencies; units of general local
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0018|     government or consortia of those units who shall be appointed
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0019|     from nominations made by chief elected officials of the units
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0020|     or consortia; state and local programs that receive funding
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0021|     under an applicable federal human resources program that the
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0022|     governor determines have a direct interest in the use of human
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0023|     resources within the state; and individuals that have special
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0024|     knowledge and qualifications with respect to special education
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0025|     and career development needs of hard-to-serve individuals.
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0001|               C.  A vacancy on the board shall be filled by an
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0002|     appointment of a successor from the same general category of
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0003|     representation as his predecessor.  A member shall serve until
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0004|     his successor is qualified. 
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0005|               D.  The lieutenant governor is the chairman of the
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0006|     board. 
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0007|               E.  The board shall meet at the call of the
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0008|     chairman.
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0009|               F.  A majority of the board constitutes a quorum. 
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0010|               G.  Appointed members who are not government
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0011|     employees entitled to reimbursement by their respective
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0012|     employers shall be paid pursuant to the Per Diem and Mileage
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0013|     Act.
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0014|               H.  The governor shall request two members from the
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0015|     house of representatives and two members from the senate to
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0016|     participate as advisory members of the board.  
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0017|          Section 2.  DUTIES OF THE WORK FORCE DEVELOPMENT BOARD.--
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0018|               A.  The work force development board shall review
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0019|     and approve those parts of the annual plans of the following
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0020|     cabinet departments pertaining to employment, training and
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0021|     employment-related education and human services programs and
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0022|     review the budget items of those parts of the plans: 
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0023|     children, youth and families department; economic development
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0024|     department; human services department; labor department; and
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0025|     the state department of public education.
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0001|               B.  The board shall develop and coordinate the
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0002|     implementation of a ten-year comprehensive work force
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0003|     development plan of specific goals, objectives and policies
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0004|     for the state.  This plan shall be updated annually and
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0005|     revised as necessary.  State agencies involved in work force
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0006|     development activities shall submit their goals, objectives
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0007|     and policies to the board for its annual review and potential
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0008|     inclusion in the plan.  The plan shall include recommendations
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0009|     to the legislature and the governor on the modification,
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0010|     consolidation, initiation and coordination of work force
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0011|     training and education programs in the state.  
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0012|               C.  The board shall prepare a five-year strategic
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0013|     plan for state work force development to implement the
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0014|     specific comprehensive goals, objectives and policies of the
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0015|     state.  State agencies involved in work force development
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0016|     activities and applicable regional or local boards or councils
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0017|     shall submit their plans and programs to the board for its
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0018|     annual review and potential inclusion in the strategic plan. 
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0019|     The five-year strategic plan for state work force development
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0020|     shall be updated annually.  The plan shall include
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0021|     recommendations to the legislature and the governor on the
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0022|     modification, consolidation, initiation and coordination of
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0023|     work force training and education programs in the state.
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0024|               D.  In addition to its responsibilities pursuant to
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0025|     Subsections A, B and C of this section, the board shall:
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0001|                    (1)  develop a method of evaluation for
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0002|     attainment of goals and objectives of the five-year plan and
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0003|     the ten-year plan that includes a system to measure program
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0004|     performance, identify accomplishments and evaluate programs to
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0005|     ensure goals and standard are met;
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0006|                    (2)  monitor the implementation and evaluate
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0007|     the effectiveness of the five-year plan and the ten-year plan;
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0008|                    (3)  review the provision of services and use
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0009|     of funds and resources under applicable federal and state
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0010|     training, education and employment-related programs and advise
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0011|     the governor on methods of coordinating the provision of
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0012|     services and use of funds and resources consistent with the
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0013|     laws and regulations governing those programs;
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0014|                    (4)  perform the duties and functions
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0015|     described for existing state councils described under laws
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0016|     relating to the applicable federal and state programs;
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0017|                    (5)  provide policy advice for any federal act
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0018|     pertaining to work force development that is not required by
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0019|     state or federal law to be provided by another body;
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0020|                    (6)  identify policies to reduce
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0021|     administrative and other barriers to efficient operation of
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0022|     the state's work force development system, including among
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0023|     those policies provisions for waivers of statutory
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0024|     requirements and administrative rules for implementation of
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0025|     one-stop access to work force development systems; and
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0001|               (7)  upon enactment of new federal initiatives
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0002|     relating to work force development, advise the governor and
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0003|     the legislature on mechanisms for integrating the federal
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0004|     initiatives into the state's work force development system and
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0005|     make recommendations on legislative or administrative measures
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0006|     necessary to streamline and coordinate state efforts to meet
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0007|     federal guidelines.
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0008|          Section 3.  WORK FORCE DEVELOPMENT REGIONS--REGIONAL
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0009|     BOARDS--DUTIES AND RESPONSIBILITIES.--
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0010|               A.  The work force development board shall
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0011|     designate seven work force development regions in the state. 
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0012|     The designated regions shall be identical to the planning
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0013|     districts established in the Planning District Act.  
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0014|               B.  The board shall establish a regional work force
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0015|     development board in each work force development region.  A
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0016|     regional work force development board shall:
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0017|                    (1)  advise the state work force development
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0018|     board on issues relating to regional and local work force
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0019|     development needs; 
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0020|                    (2)  prepare annual regional work force
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0021|     development plans for the implementation and promotion of
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0022|     employment, job training and employment-related education and
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0023|     human resources programs; and
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0024|                    (3)  establish service delivery agreements
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0025|     among regional service providers to coordinate employment, job
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0001|     training and employment-related education and human resources
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0002|     programs at the local level. 
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0003|               C.   A regional work force development board shall
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0004|     have a minimum of fifty-one percent of its members coming from
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0005|     the private sector and shall include representation of
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0006|     education, government and community-based organizations and
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0007|     others as appropriate and shall be appointed or ratified by
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0008|     local elected public officials. 
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0009|          Section 4.  APPLICABLE HUMAN RESOURCE PROGRAM DEFINED.--
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0010|               A.  As used in this section, "applicable human
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0011|     resources program" means  a program receiving federal funds
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0012|     that the governor and the legislature agree to include within
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0013|     the purview of the work force development board.
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0014|               B.  Applicable human resources programs:
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0015|                    (1)  include programs authorized pursuant to:
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0016|                         (a)  the federal Job Training
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0017|     Partnership Act;
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0018|                         (b)  the federal Carl D. Perkins
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0019|     Vocational and Applied Technology Education Act;
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0020|                         (c)  the federal Adult Education Act;
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0021|                         (d)  the federal Wagner Peyser Act;
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0022|                         (e)  Part A of Title 4 of the federal
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0023|     Social Security Act;
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0024|                         (f)  the training portion of the federal
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0025|     Personal Responsibility and Work Opportunity Reconciliation
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0001|     Act of 1996;
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0002|                         (g)  the federal Welfare to Work Act;
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0003|     and
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0004|                         (h)  the federal School-to-Work
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0005|     Opportunities Act of 1994; and
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0006|                    (2)  do not include programs authorized under
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0007|     the federal Rehabilitation Act of 1973.
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0008|          Section 5.  FUNDING--PERSONNEL.--
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0009|               A.  To carry out its functions, the work force
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0010|     development board may:
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0011|                    (1)  use funds otherwise available for state
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0012|     councils under the applicable federal human resources programs
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0013|     consistent with the laws and regulations governing those
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0014|     programs; and
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0015|                    (2)  use funds, services, personnel,
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0016|     facilities and information provided by state and local public
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0017|     agencies, with the consent of the agencies.
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0018|               B.  Staff support for the work force development
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0019|     board shall be provided equally by each of the state agencies
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0020|     represented on the board.
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0021|          Section 6.  EFFECTIVE DATE.--The effective date of the
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0022|     provisions of this state act is July 1, 1998.
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0023|                              
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