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92_SB2198eng SB2198 Engrossed 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 BoardHuman Resource Investment10CouncilAct. 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 18Human Resource Investment Counciliscreated asthe State 19 advisory board pertaining to workforce preparation policy. 20 The BoardCouncilshall 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 BoardCouncil24 shall further cooperation between government and the private 25 sector to meet the workforce preparation needs of employers 26 and workers in Illinois. The BoardCouncilshall provide 27 ongoing oversight of programs and needed information about 28 the functioning of labor markets in Illinois. 29 (b) The BoardCouncilshallpromote a flexible,30client-centered, equitable, and cost effective workforceSB2198 Engrossed -2- LRB9215526BDdv 1preparation system within the State to maximize the2investment in human capital development and tohelp Illinois 3 create and maintain a workforce with the skills and abilities 4 that will keep the economy productive. 5 (c) The BoardCouncilshall meet the requirements of the 6 federal Workforce Investment Act of 1998Section 701 of Title7VII 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.The11Council shall consist of members appointed by the Governor12with the advice and consent of the Senate in accordance with13the requirements of Section 701 of Title VII of the federal14Job 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 Engrossed -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.At34least 15% but not more than 60% of the members shallSB2198 Engrossed -4- LRB9215526BDdv 1be representatives of business, industry and2agriculture, including persons who are3representatives of business and industry on Private4Industry 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 the11Council but shall not constitute more than 60% of the12Council's membership: the Director of Commerce and Community13Affairs (administering agency for the Job Training14Partnership Act and the National and Community Service Act),15the Secretary of Human Services (administering agency for16part F of Title IV of the Social Security Act and the17employment program established under Section 6(d)(4) of the18Food Stamp Act of 1977), the Director of the Department of19Employment Security (administrator of the Wagner-Peyser Act),20the State Superintendent of Education (administrator of the21Carl D. Perkins Vocational and Applied Technology Education22Act and the Adult Education Act), and the Executive Director23of the Illinois Community College Board, or their designees.24Each member shall serve during the term of his office or25employment.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 Engrossed -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 more8than 60% of the members shall be representatives of organized9labor. These members shall be selected from among individuals10nominated 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).The14Human Resource Investment Council shall include one or more15representatives from each of the following:16(1) local public education;17(2) a postsecondary institution;18(3) a secondary or postsecondary vocational19education institution; and20(4) a community based organization.21Representatives from these entities shall constitute no22more than 60% of the Council. The total number of23representatives appointed under (1), (2), and (3) shall not24constitute less than 15% of the membership of the Human25Resource Investment Council.26 (d-5) (Blank).The Human Resource Investment Council may27also include additional qualified members who may be selected28from the following, but who shall not constitute more than2960% of the Council:30(1) representatives from local welfare agencies;31(2) representatives from units of local government32or consortia of units of local government appointed from33nominations by the chief elected officials of the units34of local government or consortia;SB2198 Engrossed -6- LRB9215526BDdv 1(3) representatives from public housing agencies;2(4) representatives from the State legislature;3(5) representatives from any State or local program4that receives funding under an applicable federal human5resource program that the Governor has determined has a6direct interest in the utilization of human resources7within the State; and8(6) individuals who have special knowledge and9qualifications in special education and career10development 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 of22the Council pursuant to subsections (a), (b), (c), (d), and23(d-5), as mandated in Section 701 of Title VII of the24federal Job Training Partnership Act, as amended,25appointments made effective on July 1, 1995 will be given26fixed and staggered terms of no less than 2 years.27Thereafter,Members of the Board nominated for appointment 28 after 2002Councilshall servebe appointedfor termsof two29yearsexpiring 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 Engrossed -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 BoardCouncilshall meet at least 4fivetimes 12 per calendar year atsuchtimes and insuchplaces thatasit 13 deems necessary. The BoardCouncilshall 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 BoardCouncilshall 17 adopt anysuchrules and operating procedures thatasit 18 deems necessary to carry out its responsibilities under this 19 Act and under the federal Workforce Investment Act of 1998 20Job 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 a32comprehensive set of workforce preparation and development33goals and implementation strategies for the development andSB2198 Engrossed -8- LRB9215526BDdv 1coordination of the human resource system within the State to2the General Assembly and the Governor. The Council shall3annually review these priority goals and strategies and4recommend revisions as may be necessary. Any goals or5strategies adopted by the Council prior to the effective date6of this amendatory Act of 1997 shall be deemed temporarily7adopted until such time as the General Assembly ratifies such8goals and strategies with the passage of a joint resolution.9Any such temporarily adopted goals and strategies that are10not ratified by the General Assembly by joint resolution11within 7 months after the effective date of this amendatory12Act 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 the32Governor on the development, implementation, and coordination33of State and local standards and measures relating to34applicable federal human resource programs. For theseSB2198 Engrossed -9- LRB9215526BDdv 1purposes, applicable federal human resource programs means2any program from among the following that the General3Assembly, the Governor, and the head of the State agency4responsible for the administration of the program jointly5agree to include within the jurisdiction of the Human6Resource Investment Council: the Job Training Partnership7Act, the Carl D. Perkins Vocational and Applied Technology8Education Act, the National and Community Service Act of91990, the Adult Education Act, the Wagner-Peyser Act, part F10of Title IV of the Social Security Act, and the employment11program established under Section 6(d)(4) of the Food Stamp12Act of 1977 or subsequent federal programs or block grants13designed for education and employment related services.14 (c)The Council shall be responsible for the overall15identification of human investment needs and priorities for16workforce preparation in the State and shall recommend to the17General Assembly and the Governor the goals for meeting these18needs. The Council shall coordinate the establishment of19advisory statewide performance goals for workforce20preparation programs as well as a statewide framework for21workforce preparation program evaluation.22(d) The Council shall continuously monitor and evaluate23new federal and State legislative proposals and shall make24recommendations concerning their implementation. Newly25enacted laws shall be evaluated and recommendations made26concerning their integration within the existing workforce27preparation system.28(e) The Council shall advocate the establishment of29standard terms to promote understanding, planning,30coordination, and evaluation of workforce preparation31programs and services at the State and federal levels.32(f) Other duties of the Council shall include33recommending to relevant agencies and to the General Assembly34and the Governor, with respect to applicable Federal humanSB2198 Engrossed -10- LRB9215526BDdv 1resource programs and others, the provision of services and2the use of funds and resources for workforce preparation3services.4(g)Nothing in this Act shall be construed to require or 5 allow the BoardCouncilto 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 assume12the duties of a State job training coordinating council13pursuant to Sections 121 and 317 of the federal Job Training14Partnership Act.15(i) The Human Resource Investment Council is further16charged with the task of deliberating the desirability of17establishing itself as a body independent of any other State18agency or organization. Issues to be considered in those19deliberations include, but are not limited to, the costs20associated with establishing a new organization, staffing and21other personnel issues, and consolidation of other councils22into the Human Resource Investment Council. The Council23shall issue a report on its discussions and make24recommendations to the General Assembly and the Governor on25whether 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 Engrossed -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 BoardCouncilshall 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 13Councilshall 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 BoardCouncilis authorized to 29 obtain the services of anysuchprofessional, technical and 30 clerical personnel thatasmay be necessary to carry out its 31 functions under this Act and under the federal Workforce SB2198 Engrossed -12- LRB9215526BDdv 1 Investment Act of 1998Job Training Partnership Act.Funding2for the Council shall be provided pursuant to Section3202(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 7Department of Commerce and Community Affairs, the Job8Training 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.