20 ILCS 3975/ Illinois Workforce Innovation Board Act

(20 ILCS 3975/1) (from Ch. 48, par. 2101)

Sec. 1. Short title. This Act may be cited as the Illinois Workforce Innovation Board Act.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/2) (from Ch. 48, par. 2102)

Sec. 2. (Repealed).

(Source: Repealed by P.A. 89-382, eff. 8-18-95.)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. Beginning on the effective date of this amendatory Act of the 100th General Assembly, the Illinois Workforce Investment Board shall be known as the Illinois Workforce Innovation Board. The Illinois Workforce Innovation Board is the State advisory board pertaining to workforce preparation policy. The Board 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 shall further cooperation between government and the private sector to meet the workforce preparation needs of employers and workers in Illinois. The Board shall provide ongoing oversight of programs and needed information about the functioning of labor markets in Illinois.

(b) The Board shall help Illinois create and maintain a workforce with the skills and abilities that will keep the economy productive.

(c) The Board shall meet the requirements of the federal Workforce Innovation and Opportunity Act.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/3) (from Ch. 48, par. 2103)

Sec. 3. Illinois Workforce Innovation Board.

(a) The Illinois Workforce Innovation 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;

(3) for appointments made prior to the effective date of this amendatory Act of the 100th General Assembly, 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; and

(4) for appointments made on or after the effective date of this amendatory Act of the 100th General Assembly, persons appointed by the Governor in accordance with Section 101 of the federal Workforce Innovation and Opportunity Act, subject to the advice and consent of the Senate (except in the case of a person holding an office or employment with the Department of Commerce and Economic Opportunity, the Illinois Community College Board, the Department of Employment Security, or the Department of Human Services when appointment to the office or employment requires the consent of the Senate).

Appointments made under this paragraph (4) shall include 2 representatives of community-based organizations that provide or support competitive, integrated employment for individuals with disabilities. These 2 representatives shall be individuals who self-identify as persons with intellectual or developmental disabilities, and who are engaged in advocacy for the rights of individuals with disabilities. If these persons require support in the form of reasonable accommodations in order to participate, such support shall be provided.

(b) (Blank).

(c) (Blank).

(d) The Governor shall select a chairperson as provided in the federal Workforce Innovation and Opportunity Act.

(d-5) (Blank).

(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. Members of the Board nominated for appointment after 2002 shall serve for terms 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 shall meet at least 4 times per calendar year at times and in places that it deems necessary. The Board 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 shall adopt any rules and operating procedures that it deems necessary to carry out its responsibilities under this Act and under the federal Workforce Innovation and Opportunity Act.

(Source: P.A. 100-477, eff. 9-8-17; 100-891, eff. 1-1-19.)

(20 ILCS 3975/4) (from Ch. 48, par. 2104)

Sec. 4. (Repealed).

(Source: Repealed by P.A. 89-382, eff. 8-18-95.)

(20 ILCS 3975/4.5)

Sec. 4.5. Duties.

(a) The Board must perform all the functions of a state workforce innovation board under the federal Workforce Innovation and Opportunity Act, 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 Innovation and Opportunity Act or this Act and that are assumed by the Board under its bylaws or assigned to it by the Governor.

(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 development 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 Innovation and Opportunity Act, 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.

(b-5) The Board shall implement a method for measuring the progress of the State's workforce development system by using benchmarks specified in the federal Workforce Innovation and Opportunity Act.

The Board shall identify the most significant early indicators for each benchmark, establish a mechanism to collect data and track the benchmarks on an annual basis, and then use the results to set goals for each benchmark, to inform planning, and to ensure the effective use of State resources.

(c) Nothing in this Act shall be construed to require or allow the Board 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.

(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.

(e) Upon the effective date of this amendatory Act of the 101st General Assembly, the Board shall conduct a feasibility study regarding the consolidation of all workforce development programs funded by the federal Workforce Innovation and Opportunity Act and conducted by the State of Illinois into one solitary agency to create greater access to job training for underserved populations. The Board shall utilize resources currently made available to them, including, but not limited to, partnering with institutions of higher education and those agencies currently charged with overseeing or administering workforce programs. The feasibility study shall:

(1) assess the impact of consolidation on access for participants, including minority persons as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, persons with limited English proficiency, persons with disabilities, and youth, and how consolidation would increase equitable access to workforce resources;

(2) assess the cost of consolidation and estimate any long-term savings anticipated from the action;

(3) assess the impact of consolidation on agencies in which the programs currently reside, including, but not limited to, the Department of Commerce and Economic Opportunity, the Department of Employment Security, the Department of Human Services, the Community College Board, the Board of Higher Education, the Department of Corrections, the Department on Aging, the Department of Veterans' Affairs, and the Department of Children and Family Services;

(4) assess the impact of consolidation on State government employees and union contracts;

(5) consider if the consolidation will provide avenues to maximize federal funding;

(6) provide recommendations for the future structure of workforce development programs, including a proposed timeline for implementation;

(7) provide direction for implementation by July 1, 2022 with regard to recommendations that do not require legislative change;

(8) if legislative change is necessary, include legislative language for consideration by the 102nd General Assembly.

The Board shall submit its recommendations the Governor and the General Assembly by May 1, 2021.

(Source: P.A. 100-477, eff. 9-8-17; 101-654, eff. 3-8-21.)

(20 ILCS 3975/5) (from Ch. 48, par. 2105)

Sec. 5. Plans; expenditures. The plans and decisions of the Board 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 Innovation and Opportunity Act shall be expended only pursuant to appropriation.

(Source: P.A. 100-477, eff. 9-8-17.)

(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 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.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/7) (from Ch. 48, par. 2107)

Sec. 7. Personnel. The Board is authorized to obtain the services of any professional, technical and clerical personnel that may be necessary to carry out its functions under this Act and under the federal Workforce Innovation and Opportunity Act.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/7.2)

Sec. 7.2. Posting requirements; Department of Commerce and Economic Opportunity's website. On and after the effective date of this amendatory Act of the 97th General Assembly, the Illinois Workforce Innovation Board must annually submit to the Department of Commerce and Economic Opportunity the following information to be posted on the Department's official Internet website:

(1) All agendas and meeting minutes for meetings of the Illinois Workforce Innovation Board.

(2) All line-item budgets for the local workforce investment areas located within the State.

(3) A listing of all contracts and contract values for all workforce development training and service providers.

The information required under this Section must be posted on the Department of Commerce and Economic Opportunity's Internet website no later than 30 days after the Department receives the information from the Illinois Workforce Innovation Board.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/7.5)

Sec. 7.5. Procurement. The Illinois Workforce Innovation Board is subject to the Illinois Procurement Code, to the extent consistent with all applicable federal laws.

(Source: P.A. 100-477, eff. 9-8-17.)

(20 ILCS 3975/8) (from Ch. 48, par. 2108)

Sec. 8. Audits. The Illinois Workforce Innovation Board 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. 100-477, eff. 9-8-17.)