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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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