State of Illinois
92nd General Assembly

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SB2198 Enrolled                                LRB9215526BDdv

 1        AN ACT creating the Illinois Workforce Investment Board.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Human  Resource   Investment
 5    Council  Act  is amended by changing Sections 1, 2.5, 3, 4.5,
 6    5, 6, 7, and 8 as follows:

 7        (20 ILCS 3975/1) (from Ch. 48, par. 2101)
 8        Sec. 1.  Short title.  This  Act  may  be  cited  as  the
 9    Illinois Workforce Investment Board Human Resource Investment
10    Council Act.
11    (Source: P.A. 89-382, eff. 8-18-95.)

12        (20 ILCS 3975/2.5)
13        Sec. 2.5.  Purpose.
14        (a)  Beginning  on  the effective date of this amendatory
15    Act of the 92nd General Assembly, the Illinois Human Resource
16    Investment Council shall be known as the  Illinois  Workforce
17    Investment  Board.  The  Illinois  Workforce Investment Board
18    Human Resource Investment Council is  created  as  the  State
19    advisory  board  pertaining  to workforce preparation policy.
20    The Board  Council  shall  ensure  that  Illinois'  workforce
21    preparation   services   and  programs  are  coordinated  and
22    integrated  and  shall  measure  and  evaluate  the   overall
23    performance and results of these programs.  The Board Council
24    shall  further cooperation between government and the private
25    sector to meet the workforce preparation needs  of  employers
26    and  workers  in  Illinois.   The Board Council shall provide
27    ongoing oversight of programs and  needed  information  about
28    the functioning of labor markets in Illinois.
29        (b)  The   Board   Council   shall  promote  a  flexible,
30    client-centered,  equitable,  and  cost  effective  workforce
SB2198 Enrolled             -2-                LRB9215526BDdv
 1    preparation  system  within  the  State   to   maximize   the
 2    investment  in human capital development and to help Illinois
 3    create and maintain a workforce with the skills and abilities
 4    that will keep the economy productive.
 5        (c)  The Board Council shall meet the requirements of the
 6    federal Workforce Investment Act of 1998 Section 701 of Title
 7    VII of the federal Job Training Partnership Act.
 8    (Source: P.A. 89-382, eff. 8-18-95.)

 9        (20 ILCS 3975/3) (from Ch. 48, par. 2103)
10        Sec.  3.    Illinois  Workforce  Investment  Board.   The
11    Council  shall  consist  of members appointed by the Governor
12    with the advice and consent of the Senate in accordance  with
13    the  requirements  of Section 701 of Title VII of the federal
14    Job Training Partnership Act.
15        (a)  The  Illinois  Workforce  Investment   Board   shall
16    include:
17             (1) the Governor;
18             (2)  2  members  of  the  House  of  Representatives
19        appointed  by  the  Speaker of the House and 2 members of
20        the Senate appointed by the President of the Senate; and
21             (3) persons appointed  by  the  Governor,  with  the
22        advice and consent of the Senate (except in the case of a
23        person  holding  an  office  or  employment  described in
24        subparagraph  (F)  when  appointment  to  the  office  or
25        employment  requires  the  advice  and  consent  of   the
26        Senate), from among  the following:
27                  (A)  representatives  of business in this State
28             who (i) are owners of businesses,  chief  executives
29             or   operating  officers  of  businesses,  or  other
30             business  executives  or  employers   with   optimum
31             policymaking  or hiring authority, including members
32             of local boards described in Section 117(b)(2)(A)(i)
33             of the federal Workforce  Investment  Act  of  1998;
SB2198 Enrolled             -3-                LRB9215526BDdv
 1             (ii)    represent    businesses    with   employment
 2             opportunities   that    reflect    the    employment
 3             opportunities  in the State; and (iii) are appointed
 4             from among individuals nominated by  State  business
 5             organizations and business trade associations;
 6                  (B)  chief  elected  officials  from cities and
 7             counties;
 8                  (C) representatives of labor organizations  who
 9             have been nominated by State labor federations;
10                  (D)    representatives    of   individuals   or
11             organizations  that  have  experience   with   youth
12             activities;
13                  (E)    representatives    of   individuals   or
14             organizations that have experience and expertise  in
15             the  delivery  of  workforce  investment activities,
16             including  chief  executive  officers  of  community
17             colleges and  community-based  organizations  within
18             the State;
19                  (F)   the  lead  State  agency  officials  with
20             responsibility for the programs and activities  that
21             are  described  in  Section  121(b)  of  the federal
22             Workforce Investment Act of 1998 and carried out  by
23             one-stop  partners and, in any case in which no lead
24             State agency official has responsibility for such  a
25             program,  service,  or activity, a representative in
26             the State with expertise in such  program,  service,
27             or activity; and
28                  (G)  any other representatives and State agency
29             officials that the Governor may appoint,  including,
30             but  not  limited to, one or more representatives of
31             local public education, post-secondary institutions,
32             secondary  or  post-secondary  vocational  education
33             institutions, and community-based organizations.  At
34             least 15% but not more than 60% of the members shall
SB2198 Enrolled             -4-                LRB9215526BDdv
 1             be   representatives   of   business,  industry  and
 2             agriculture,    including    persons     who     are
 3             representatives  of business and industry on Private
 4             Industry Councils in the State.
 5        (b)  Members of the Board that  represent  organizations,
 6    agencies,  or other entities must be individuals with optimum
 7    policymaking authority within the  organization,  agency,  or
 8    entity.   The  members  of  the  Board must represent diverse
 9    regions of the State, including urban,  rural,  and  suburban
10    areas.  The  following  State  officials  shall  serve on the
11    Council but  shall  not  constitute  more  than  60%  of  the
12    Council's  membership: the Director of Commerce and Community
13    Affairs  (administering   agency   for   the   Job   Training
14    Partnership  Act and the National and Community Service Act),
15    the Secretary of Human  Services  (administering  agency  for
16    part  F  of  Title  IV  of  the  Social  Security Act and the
17    employment program established under Section 6(d)(4)  of  the
18    Food  Stamp  Act  of 1977), the Director of the Department of
19    Employment Security (administrator of the Wagner-Peyser Act),
20    the State Superintendent of Education (administrator  of  the
21    Carl  D.  Perkins Vocational and Applied Technology Education
22    Act and the Adult Education Act), and the Executive  Director
23    of  the Illinois Community College Board, or their designees.
24    Each member shall serve during the  term  of  his  office  or
25    employment.
26        (c)  A  majority  of  the  members  of  the Board must be
27    representatives described in subparagraph  (A)  of  paragraph
28    (3) of subsection (a).  There must be at least 2 members from
29    each of the categories described in subparagraphs (D) and (E)
30    of paragraph (3) of subsection (a).  There must be at least 3
31    members  from  the  category described in subparagraph (C) of
32    paragraph (3) of subsection (a).  A majority of any committee
33    the Board may establish for the purpose of general oversight,
34    control, supervision, or management of the  Board's  business
SB2198 Enrolled             -5-                LRB9215526BDdv
 1    must  be  representatives  described  in  subparagraph (A) of
 2    paragraph (3) of subsection (a); any such committee must also
 3    include  at  least  one  representative  from  each  of   the
 4    categories  described  in  subparagraphs  (C)  through (E) of
 5    paragraph (3) of subsection (a) and may include one  or  more
 6    representatives   from  any  other  categories  described  in
 7    paragraph (3) of subsection (a). At least 15%,  but  no  more
 8    than 60% of the members shall be representatives of organized
 9    labor. These members shall be selected from among individuals
10    nominated by recognized State labor federations.
11        (d)  The  Governor  shall  select  a  chairperson for the
12    Board   from   among   the   representatives   described   in
13    subparagraph (A) of paragraph  (3)  of  subsection  (a).  The
14    Human  Resource  Investment Council shall include one or more
15    representatives from each of the following:
16             (1)  local public education;
17             (2)  a postsecondary institution;
18             (3)  a   secondary   or   postsecondary   vocational
19        education institution; and
20             (4)  a community based organization.
21        Representatives from these entities shall  constitute  no
22    more   than   60%  of  the  Council.   The  total  number  of
23    representatives appointed under (1), (2), and (3)  shall  not
24    constitute  less  than  15%  of  the  membership of the Human
25    Resource Investment Council.
26        (d-5)  (Blank). The Human Resource Investment Council may
27    also include additional qualified members who may be selected
28    from the following, but who shall not  constitute  more  than
29    60% of the Council:
30             (1)  representatives from local welfare agencies;
31             (2)  representatives  from units of local government
32        or consortia of units of local government appointed  from
33        nominations  by  the chief elected officials of the units
34        of local government or consortia;
SB2198 Enrolled             -6-                LRB9215526BDdv
 1             (3)  representatives from public housing agencies;
 2             (4)  representatives from the State legislature;
 3             (5)  representatives from any State or local program
 4        that receives funding under an applicable  federal  human
 5        resource  program  that the Governor has determined has a
 6        direct interest in the  utilization  of  human  resources
 7        within the State; and
 8             (6)  individuals  who  have  special  knowledge  and
 9        qualifications    in   special   education   and   career
10        development needs of hard-to-serve individuals.
11        (e)  Except as otherwise  provided  in  this  subsection,
12    this  amendatory  Act  of  the 92nd General Assembly does not
13    affect the tenure of any member appointed to and  serving  on
14    the   Illinois  Human  Resource  Investment  Council  on  the
15    effective date of this amendatory Act  of  the  92nd  General
16    Assembly.  Members  of the Board nominated for appointment in
17    2000, 2001, or 2002  shall  serve  for  fixed  and  staggered
18    terms,  as designated by the Governor, expiring no later than
19    July  1  of  the  second  calendar  year   succeeding   their
20    respective   appointments   or  until  their  successors  are
21    appointed and qualified. In reconstructing the membership  of
22    the  Council  pursuant to subsections (a), (b), (c), (d), and
23    (d-5), as mandated in  Section  701  of   Title  VII  of  the
24    federal   Job   Training   Partnership   Act,   as   amended,
25    appointments  made  effective  on  July 1, 1995 will be given
26    fixed  and  staggered  terms  of  no  less  than   2   years.
27    Thereafter,  Members  of  the Board nominated for appointment
28    after 2002 Council shall serve be appointed for terms of  two
29    years  expiring  on  July  1  of  the  second  calendar  year
30    succeeding  their  respective  appointments,  or  until their
31    successors are appointed and qualified.  A State official  or
32    employee  serving  on  the  Board  under  subparagraph (F) of
33    paragraph (3) of subsection (a) by virtue of his or her State
34    office or employment shall serve  during  the  term  of  that
SB2198 Enrolled             -7-                LRB9215526BDdv
 1    office  or  employment.   A  vacancy is created in situations
 2    including, but not limited to, those in which  an  individual
 3    serving   on   the   Board  ceases  to  satisfy  all  of  the
 4    requirements for appointment under the provision under  which
 5    he  or  she was appointed.  The Governor may at any time make
 6    appointments  to  fill  vacancies  for  the  balance  of   an
 7    unexpired term.  Vacancies shall be filled in the same manner
 8    as  the  original  appointment.   Members shall serve without
 9    compensation, but shall be reimbursed for necessary  expenses
10    incurred in the performance of their duties.
11        (f)  The  Board  Council shall meet at least 4 five times
12    per calendar year at such times and in such places that as it
13    deems necessary.  The Board Council shall be subject  to  the
14    "Open  Meetings Act" and, to the extent required by that law,
15    its  meetings  shall  be  publicly  announced  and  open  and
16    accessible to the general public.  The  Board  Council  shall
17    adopt  any  such  rules  and  operating procedures that as it
18    deems necessary to carry out its responsibilities under  this
19    Act  and  under  the federal Workforce Investment Act of 1998
20    Job Training Partnership Act.
21    (Source: P.A. 89-382, eff. 8-18-95; 89-507, eff. 7-1-97.)

22        (20 ILCS 3975/4.5)
23        Sec. 4.5.  Duties.
24        (a)  The Board must perform all the functions of a  state
25    workforce   investment  board  under  the  federal  Workforce
26    Investment Act of 1998, any amendments to that Act,  and  any
27    other  applicable  federal  statutes.   The  Board  must also
28    perform all other functions that are  not  inconsistent  with
29    the  federal Workforce Investment Act of 1998 or this Act and
30    that are assumed by the Board under its bylaws or assigned to
31    it  by  the  Governor.  The   Council   shall   recommend   a
32    comprehensive  set  of  workforce preparation and development
33    goals and implementation strategies for the  development  and
SB2198 Enrolled             -8-                LRB9215526BDdv
 1    coordination of the human resource system within the State to
 2    the  General  Assembly  and  the Governor.  The Council shall
 3    annually review  these  priority  goals  and  strategies  and
 4    recommend  revisions  as  may  be  necessary.   Any  goals or
 5    strategies adopted by the Council prior to the effective date
 6    of this amendatory Act of 1997 shall  be  deemed  temporarily
 7    adopted until such time as the General Assembly ratifies such
 8    goals and strategies with the passage of a joint resolution.
 9    Any  such  temporarily  adopted goals and strategies that are
10    not ratified by the  General  Assembly  by  joint  resolution
11    within  7  months after the effective date of this amendatory
12    Act of 1997 are deemed revoked.
13        (b)  The Board must cooperate with the  General  Assembly
14    and  make  recommendations  to  the  Governor and the General
15    Assembly concerning legislation  necessary  to  improve  upon
16    statewide  and local workforce investment systems in order to
17    increase   occupational   skill    attainment,    employment,
18    retention,  or  earnings  of participants and thereby improve
19    the quality of the workforce, reduce welfare dependency,  and
20    enhance  the  productivity  and competitiveness of the State.
21    The Board must  annually  submit  a  report  to  the  General
22    Assembly  on  the  progress  of  the State in achieving state
23    performance measures under the federal  Workforce  Investment
24    Act   of   1998,  including  information  on  the  levels  of
25    performance achieved by the State with respect  to  the  core
26    indicators  of  performance  and  the  customer  satisfaction
27    indicator  under that Act.  The report must include any other
28    items that the Governor may be  required  to  report  to  the
29    Secretary  of  the  United  States  Department of Labor under
30    Section 136(d) of the federal  Workforce  Investment  Act  of
31    1998.  The  Council shall advise the General Assembly and the
32    Governor on the development, implementation, and coordination
33    of  State  and  local  standards  and  measures  relating  to
34    applicable  federal  human  resource  programs.   For   these
SB2198 Enrolled             -9-                LRB9215526BDdv
 1    purposes,  applicable  federal  human resource programs means
 2    any  program  from  among  the  following  that  the  General
 3    Assembly, the Governor, and the  head  of  the  State  agency
 4    responsible  for  the  administration  of the program jointly
 5    agree  to  include  within  the  jurisdiction  of  the  Human
 6    Resource Investment Council:  the  Job  Training  Partnership
 7    Act,  the  Carl  D. Perkins Vocational and Applied Technology
 8    Education Act, the National  and  Community  Service  Act  of
 9    1990,  the Adult Education Act, the Wagner-Peyser Act, part F
10    of Title IV of the Social Security Act,  and  the  employment
11    program  established  under Section 6(d)(4) of the Food Stamp
12    Act of 1977 or subsequent federal programs  or  block  grants
13    designed for education and employment related services.
14        (c)  The  Council  shall  be  responsible for the overall
15    identification of human investment needs and  priorities  for
16    workforce preparation in the State and shall recommend to the
17    General Assembly and the Governor the goals for meeting these
18    needs.   The  Council  shall  coordinate the establishment of
19    advisory   statewide   performance   goals   for    workforce
20    preparation  programs  as  well  as a statewide framework for
21    workforce preparation program evaluation.
22        (d)  The Council shall continuously monitor and  evaluate
23    new  federal  and  State legislative proposals and shall make
24    recommendations  concerning  their   implementation.    Newly
25    enacted  laws  shall  be  evaluated  and recommendations made
26    concerning their integration within  the  existing  workforce
27    preparation system.
28        (e)  The  Council  shall  advocate  the  establishment of
29    standard   terms   to   promote   understanding,    planning,
30    coordination,   and   evaluation   of  workforce  preparation
31    programs and services at the State and federal levels.
32        (f)  Other  duties   of   the   Council   shall   include
33    recommending to relevant agencies and to the General Assembly
34    and  the  Governor,  with respect to applicable Federal human
SB2198 Enrolled             -10-               LRB9215526BDdv
 1    resource programs and others, the provision of  services  and
 2    the  use  of  funds  and  resources for workforce preparation
 3    services.
 4        (g)  Nothing in this Act shall be construed to require or
 5    allow the Board Council to assume or supersede the  statutory
 6    authority  granted  to,  or impose any duties or requirements
 7    on, the  State  Board  of  Education,  the  Board  of  Higher
 8    Education,  the  Illinois  Community College Board, any State
 9    agencies created  under  the  Civil  Administrative  Code  of
10    Illinois, or any local education agencies.
11        (h)  The  Human  Resource Investment Council shall assume
12    the duties of  a  State  job  training  coordinating  council
13    pursuant  to Sections 121 and 317 of the federal Job Training
14    Partnership Act.
15        (i)  The Human Resource  Investment  Council  is  further
16    charged  with  the  task  of deliberating the desirability of
17    establishing itself as a body independent of any other  State
18    agency  or  organization.   Issues  to be considered in those
19    deliberations include, but are  not  limited  to,  the  costs
20    associated with establishing a new organization, staffing and
21    other  personnel  issues, and consolidation of other councils
22    into the Human Resource  Investment  Council.    The  Council
23    shall   issue   a   report   on   its  discussions  and  make
24    recommendations to the General Assembly and the  Governor  on
25    whether and how to proceed.
26        (d)  No  actions  taken  by  the  Illinois Human Resource
27    Investment  Council  before  the  effective  date   of   this
28    amendatory  Act  of  the 92nd General Assembly and no rights,
29    powers,  duties,  or  obligations  from  those  actions   are
30    impaired  solely  by  this amendatory Act of the 92nd General
31    Assembly.  All actions taken by the Illinois  Human  Resource
32    Investment   Council   before  the  effective  date  of  this
33    amendatory Act of the 92nd General Assembly are ratified  and
34    validated.
SB2198 Enrolled             -11-               LRB9215526BDdv
 1    (Source: P.A. 89-382, eff. 8-18-95; 90-528, eff. 1-1-98.)

 2        (20 ILCS 3975/5) (from Ch. 48, par. 2105)
 3        Sec.  5.  Plans; expenditures. The plans and decisions of
 4    the Board  Council  shall  be  subject  to  approval  by  the
 5    Governor.   All  funds  received by the State pursuant to the
 6    federal Job Training Partnership Act or the federal Workforce
 7    Investment Act of 1998 shall be  expended  only  pursuant  to
 8    appropriation.
 9    (Source: P.A. 83-1288.)

10        (20 ILCS 3975/6) (from Ch. 48, par. 2106)
11        Sec.  6.  Programs and services, conflict of interest. In
12    order to assure objective management and oversight, the Board
13    Council  shall  not  operate  programs  or  provide  services
14    directly to eligible participants, but shall exist solely  to
15    plan,  coordinate and monitor the provisions of such programs
16    and services.
17        A member of the Board may not (1) vote on a matter  under
18    consideration  by the Board that (a) regards the provision of
19    services by the member  or  by  an  entity  that  the  member
20    represents  or  (b) would provide direct financial benefit to
21    the member or the immediate  family  of  the  member  or  (2)
22    engage  in  any  other activity determined by the Governor to
23    constitute a conflict of interest as specified in  the  State
24    plan  established  under the federal Workforce Investment Act
25    of 1998.
26    (Source: P.A. 83-1288.)

27        (20 ILCS 3975/7) (from Ch. 48, par. 2107)
28        Sec. 7.  Personnel. The Board Council  is  authorized  to
29    obtain  the  services of any such professional, technical and
30    clerical personnel that as may be necessary to carry out  its
31    functions  under  this  Act  and  under the federal Workforce
SB2198 Enrolled             -12-               LRB9215526BDdv
 1    Investment Act of 1998 Job Training Partnership Act.  Funding
 2    for  the  Council  shall  be  provided  pursuant  to  Section
 3    202(b)(4) of the federal Job Training Partnership Act.
 4    (Source: P.A. 83-1288.)

 5        (20 ILCS 3975/8) (from Ch. 48, par. 2108)
 6        Sec. 8.  Audits. The Illinois Workforce Investment  Board
 7    Department   of  Commerce  and  Community  Affairs,  the  Job
 8    Training Coordinating Council, and  any  recipient  of  funds
 9    under  this  Act  shall be subject to audits conducted by the
10    Auditor General with respect to all  funds  appropriated  for
11    the purposes of this Act.
12    (Source: P.A. 83-1288.)

13        Section  99.   Effective  date.  This Act takes effect on
14    July 1, 2002.

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