State of Illinois
92^nd General Assembly
Legislation

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HB2567 Engrossed                               LRB9206425MWdv

 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
 
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 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;
 
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 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
 
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 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
 
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 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;
 
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 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    1999,  2000,  or  2001  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  2001 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
 
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 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 by-laws or assigned
31    to  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
 
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 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
 
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 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
 
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 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.
 
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 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
 
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 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, 2001.

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