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92_HB5738
LRB9215331BDtm
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 3
28 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 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 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 2002 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 five times per
12 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 affected 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 upon
14 becoming law.