44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

CREATING THE STATE WORKFORCE DEVELOPMENT BOARD; DEFINING ITS POWERS AND DUTIES; DECLARING AN EMERGENCY.

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

Section 1. STATE WORKFORCE DEVELOPMENT BOARD.--

A. The "state workforce development board" is created. The board is an adjunct agency.

B. The board consists of six members who hold their membership positions on the board by virtue of their job positions and twenty members appointed in accordance with applicable federal statutes with respect to membership. The six members holding membership by virtue of job title are the lieutenant governor and five cabinet secretaries or heads of state agencies who are responsible for the administration of applicable human resource programs. The five agency members are department heads such as the secretary of children, youth and families; the secretary of economic development; the secretary of labor; the secretary of human services; and the superintendent of public instruction. Of the twenty appointed members, ten shall be appointed by the governor, five shall be appointed by the speaker of the house of representatives and five shall be appointed by the committees' committee of the senate or, if the appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the committees' committee.

(1) The governor's appointees shall be:

(a) one two-year-term member representing local public education, who is a teacher, administrator or board member of a public school district;

(b) one two-year-term member who is a faculty member, administrator or board member of a secondary or post-secondary vocational education institution;

(c) six two-year-term members appointed from persons representative of business and industry; and

(d) two two-year-term members representing organized labor.

(2) The speaker of the house's appointees shall be:

(a) one two-year-term member representing local public education, who is a teacher, administrator or board member of a public school district;

(b) one two-year-term member who is a faculty member, administrator or board of regent member of a post-secondary institution;

(c) two two-year-term members appointed from persons representative of business and industry; and

(d) one two-year-term member representing organized labor.

(3) The senate committees' committee's appointees shall be:

(a) one two-year-term member who is a staff member or volunteer from a nonprofit community-based organization;

(b) two two-year-term members appointed from persons representative of business and industry;

(c) one two-year-term member representing organized labor; and

(d) one two-year-term member appointed from any one of the following entities: 1) local welfare agencies; 2) public housing agencies; 3) units of general local government or consortia of such units who shall be appointed from nominations made by the chief elected officials of the units or consortia; 4) state or local programs that receive funding under an applicable federal human resources program that the committee determines have a direct interest in the use of human resources within the state; and 5) individuals who have special knowledge and qualifications with respect to special education and career development needs of hard-to-serve individuals.

C. A vacancy on the board shall be filled by an appointment of a successor from the same general category of representation as his predecessor. A member shall serve until his successor is qualified.

D. The lieutenant governor shall serve as the chairman of the board.

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

F. A majority of the members constitutes a quorum.

G. Appointed members of the board are eligible for payment pursuant to the Per Diem and Mileage Act.

Section 2. DUTIES OF THE STATE WORKFORCE DEVELOPMENT BOARD.--

A. As used in this section, "board" means the state workforce development board.

B. The board shall review and approve those parts of the annual plans of the following agencies' programs pertaining to employment, training and employment-related education and human resource programs and review the budget items of those parts of the plans:

(1) children, youth and families department; (2) economic development department;

(3) human services department;

(4) labor department; and

(5) the state department of public education. C. The board shall develop and coordinate the implementation of a ten-year comprehensive work force development plan of specific goals, objectives and policies for the state. This plan shall be updated annually and revised as necessary. All state agencies involved in work force development activities shall annually submit to the board for its review and potential inclusion in the plan their goals, objectives and policies. The plan shall include recommendations to the legislature and the governor on the modification, consolidation, initiation or elimination of work force training and education programs in the state.

D. The board shall prepare a five-year strategic plan for state work force development to implement the specific comprehensive goals, objectives and policies of the state. All state agencies involved in work force development activities and regional workforce advisory boards shall annually submit to the board for its review and potential inclusion in the strategic plan their strategic plans and programs. The five-year strategic plan for state work force development shall be updated annually. The plan shall include recommendations to the legislature and the governor on the modification, consolidation, initiation or elimination of work force training and education programs in the state.

E. In addition to its responsibilities pursuant to Subsections B and C of this section, the board shall:

(1) develop a method of evaluation for attainment of goals and objectives from pursuing the policies of the five-year and ten-year plans that shall include a system to measure program performance, identify accomplishments and evaluate programs to ensure goals and standards are met;

(2) monitor the implementation and evaluate the effectiveness of the five-year and ten-year plans;

(3) review the provision of services and use of funds and resources under applicable federal human resource programs and advise the governor on methods of coordinating the provision of services and use of funds and resources consistent with the laws and rules governing those programs;

(4) perform the duties and functions prescribed for existing state councils described under the laws relating to the applicable federal human resource programs;

(5) provide policy advice for any federal act pertaining to work force development that is not required by state or federal law to be provided by another body;

(6) identify policies to reduce administrative and other barriers to efficient operation of the state's work force development system, including among these policies provisions for waivers of statutory requirements and administrative rules for implementation of one-stop access to work force development services and school-to-work transition;

(7) upon enactment of new federal initiatives relating to work force development, advise the governor and legislature on mechanisms for integrating the federal initiatives into the state's work force development system and make recommendations on legislative or administrative measures necessary to streamline and coordinate state efforts to meet federal guidelines; and

(8) establish one-stop delivery systems through which any person may:

(a) explore work preparation and career development services;

(b) access a range of employment, training and adult and occupational education programs that are required to make their services available through the one-stop center or related electronic system; and

(c) access any other available programs.

Section 3. WORKFORCE DEVELOPMENT REGIONS--REGIONAL BOARDS--DUTIES AND RESPONSIBILITIES.--

A. The state workforce development board shall designate seven workforce development regions in the state. The designated regions shall be identical to the planning districts established in the Planning District Act.

B. The board shall establish a regional workforce development board in each workforce development region. A regional workforce development board shall:

(1) advise the state workforce development board on issues relating to regional and local workforce development needs;

(2) prepare annual regional workforce development plans for the implementation and promotion of employment, job training and employment-related education and human resources programs; and

(3) establish service delivery agreements among regional service providers to coordinate employment, job training and employment-related education and human resources programs at the local level.

C. A regional workforce development board shall have a minimum of fifty-one percent of its members coming from the private sector and shall reflect the same composition proportionately as the state workforce development board and shall be appointed or ratified by local elected public officials.

Section 4. APPLICABLE FEDERAL HUMAN RESOURCES PROGRAM DEFINED.--

A. As used in this section, "applicable federal human resources program" means any program receiving federal funds that the governor and the head of the state agency responsible for the administration of that program jointly agree to include within the jurisdiction of the state workforce development board.

B. With respect to a program authorized pursuant to the federal Carl D. Perkins Vocational and Applied Technology Education Act, an applicable federal human resources program applies only to the program if, in addition to meeting the requirements of Subsection A of this section, the state advisory council on vocational education agrees to include the program under the jurisdiction of the board.

C. Applicable federal human resources programs:

(1) may include programs authorized pursuant to:

(a) the federal Job Training Partnership Act;

(b) the federal Carl D. Perkins Vocational and Applied Technology Education Act;

(c) the federal Adult Education Act;

(d) the federal Wagner-Peyser Act;

(e) Part A of Title 4 of the federal Social Security Act; or

(f) the employment program established pursuant to Section 6 (3)(4) of the Food Stamp Act of 1977; and

(2) shall not include programs authorized pursuant to the federal Rehabilitation Act of 1973.

Section 5. FUNDING--PERSONNEL.--

A. In order to carry out its functions, the state workforce development board may:

(1) use funds otherwise available for state councils pursuant to the applicable federal human resources programs consistent with the laws and regulations governing those programs; and

(2) use funds, services, personnel, facilities and information provided by state and local public agencies, with the consent of those agencies.

B. Staff support for the state workforce development board shall be provided by the labor department.

Section 6. LEGISLATIVE POWERS.--

A. Pursuant to the federal Workforce Investment Act of 1998, the legislature may enact legislation for the implementation of the activities provided for in the federal act.

B. Any funds received by the state pursuant to the federal Workforce Investment Act of 1998 shall be subject to appropriation by the legislature consistent with the terms and conditions required by the federal Workforce Investment Act of 1998.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.