2. Membership. The council consists of members appointed by the Governor.

A. If the State has received a waiver under the Omnibus Appropriations Act, 1997, United States Department of Labor Appropriations, federal Public Law 104-208, Section 105, 35% Thirty-five percent of the appointments must represent business and industry with consideration given to a balance among small, medium and large firms and 35% must represent employees, with no less than 15% of the total membership on the council representing organized labor. The remaining 30% must represent the general public.

B. If the State has not received a waiver under the Omnibus Appropriations Act, 1997, United States Department of Labor Appropriations, federal Public Law 104-208, Section 105, appointments Appointments must be made consistent with the representation requirements of the United States Job Training Partnership Act, United States Code, Title 29, Section 1792a Workforce Investment Act, including representatives from business and industry, organized labor, state agencies responsible for human resource programs and educational and community-based institutions.

The Governor shall ensure that the council and its technical support group have sufficient expertise to effectively carry out the duties and functions of the council.

Sec. 11. 26 MRSA §2006, sub-§5, as amended by PL 1997, c. 683, Pt. D, §§7 and 8, is repealed.

Sec. 12. 26 MRSA §2006, sub-§5-D, as enacted by PL 1997, c. 683, Pt. D, §9, is repealed and the following enacted in its place:

5-D.__Workforce investment.__In addition to its other duties, the council shall perform the duties of the state board under the Workforce Investment Act, referred to in this subsection as "the Act."

A.__The council shall assist the Governor in:

(1)__Developing and continuously improving a statewide system of activities funded under the Act or carried out through a one-stop delivery system described in Section 134(c) of the Act including review of local