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92nd General Assembly

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Public Act 92-0588

SB2198 Enrolled                                LRB9215526BDdv

    AN ACT creating the Illinois Workforce Investment Board.

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

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

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

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

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

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

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

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

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

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

    Section  99.   Effective  date.  This Act takes effect on
July 1, 2002.
    Passed in the General Assembly May 09, 2002.
    Approved June 26, 2002.
    Effective July 01, 2002.

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