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