
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2821]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
                        Part A--State Provisions
 
Sec. 2821. State workforce investment boards


(a) In general

    The Governor of a State shall establish a State workforce investment 
board to assist in the development of the State plan described in 
section 2822 of this title and to carry out the other functions 
described in subsection (d) of this section.

(b) Membership

                           (1) In general

        The State Board shall include--
            (A) the Governor;
            (B) 2 members of each chamber of the State legislature, 
        appointed by the appropriate presiding officers of each such 
        chamber; and
            (C) representatives appointed by the Governor, who are--
                (i) representatives of business in the State, who--
                    (I) are owners of businesses, chief executives or 
                operating officers of businesses, and other business 
                executives or employers with optimum policymaking or 
                hiring authority, including members of local boards 
                described in section 2832(b)(2)(A)(i) of this title;
                    (II) represent businesses with employment 
                opportunities that reflect the employment opportunities 
                of the State; and
                    (III) are appointed from among individuals nominated 
                by State business organizations and business trade 
                associations;

                (ii) chief elected officials (representing both cities 
            and counties, where appropriate);
                (iii) representatives of labor organizations, who have 
            been nominated by State labor federations;
                (iv) representatives of individuals and organizations 
            that have experience with respect to youth activities;
                (v) representatives of individuals and 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;
                (vi)(I) the lead State agency officials with 
            responsibility for the programs and activities that are 
            described in section 2841(b) of this title and carried out 
            by one-stop partners; and
                (II) 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 relating to 
            such program, service, or activity; and
                (vii) such other representatives and State agency 
            officials as the Governor may designate, such as the State 
            agency officials responsible for economic development and 
            juvenile justice programs in the State.

     (2) Authority and regional representation of board members

        Members of the board that represent organizations, agencies, or 
    other entities shall be individuals with optimum policymaking 
    authority within the organizations, agencies, or entities. The 
    members of the board shall represent diverse regions of the State, 
    including urban, rural, and suburban areas.

                            (3) Majority

        A majority of the members of the State Board shall be 
    representatives described in paragraph (1)(C)(i).

(c) Chairperson

    The Governor shall select a chairperson for the State Board from 
among the representatives described in subsection (b)(1)(C)(i) of this 
section.

(d) Functions

    The State Board shall assist the Governor in--
        (1) development of the State plan;
        (2) development and continuous improvement of a statewide system 
    of activities that are funded under this subchapter or carried out 
    through a one-stop delivery system described in section 2864(c) of 
    this title that receives funds under this subchapter (referred to in 
    this chapter as a ``statewide workforce investment system''), 
    including--
            (A) development of linkages in order to assure coordination 
        and nonduplication among the programs and activities described 
        in section 2841(b) of this title; and
            (B) review of local plans;

        (3) commenting at least once annually on the measures taken 
    pursuant to section 2323(b)(14) \1\ of title 20;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (4) designation of local areas as required in section 2831 of 
    this title;
        (5) development of allocation formulas for the distribution of 
    funds for adult employment and training activities and youth 
    activities to local areas as permitted under sections 2853(b)(3)(B) 
    and 2863(b)(3)(B) of this title;
        (6) development and continuous improvement of comprehensive 
    State performance measures, including State adjusted levels of 
    performance, to assess the effectiveness of the workforce investment 
    activities in the State as required under section 2871(b) of this 
    title;
        (7) preparation of the annual report to the Secretary described 
    in section 2871(d) of this title;
        (8) development of the statewide employment statistics system 
    described in section 49l-2(e) of this title; and
        (9) development of an application for an incentive grant under 
    section 9273 of title 20.

(e) Alternative entity

                           (1) In general

        For purposes of complying with subsections (a), (b), and (c) of 
    this section, a State may use any State entity (including a State 
    council, State workforce development board, combination of regional 
    workforce development boards, or similar entity) that--
            (A) was in existence on December 31, 1997;
            (B)(i) was established pursuant to section 122 or title VII 
        of the Job Training Partnership Act, as in effect on December 
        31, 1997; or
            (ii) is substantially similar to the State board described 
        in subsections (a), (b), and (c) of this section; and
            (C) includes representatives of business in the State and 
        representatives of labor organizations in the State.

                           (2) References

        References in this Act to a State board shall be considered to 
    include such an entity.

(f) Conflict of interest

    A member of a State board may not--
        (1) vote on a matter under consideration by the State board--
            (A) regarding the provision of services by such member (or 
        by an entity that such member represents); or
            (B) that would provide direct financial benefit to such 
        member or the immediate family of such member; or

        (2) engage in any other activity determined by the Governor to 
    constitute a conflict of interest as specified in the State plan.

(g) Sunshine provision

    The State board shall make available to the public, on a regular 
basis through open meetings, information regarding the activities of the 
State board, including information regarding the State plan prior to 
submission of the plan, information regarding membership, and, on 
request, minutes of formal meetings of the State board.

(Pub. L. 105-220, title I, Sec. 111, Aug. 7, 1998, 112 Stat. 945; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(1)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411.)

                       References in Text

    This chapter, referred to in subsec. (d)(2), was in the original 
``this title'' meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 
Stat. 939, as amended, which enacted this chapter, repealed sections 
1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 
2301 to 2314 of this title, section 211 of Title 40, Appendix, Public 
Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 
11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health 
and Welfare, and sections 42101 to 42106 of Title 49, Transportation, 
enacted provisions set out as notes under sections 1501, 2301, and 2940 
of this title and section 11421 of Title 42, and repealed provisions set 
out as notes under sections 801 and 2301 of this title and section 1255a 
of Title 8, Aliens and Nationality. For complete classification of title 
I to the Code, see Tables.
    Section 2323(b)(14) of title 20, referred to in subsec. (d)(3), was 
omitted in the general amendment of chapter 44 (Sec. 2301 et seq.) of 
Title 20, Education, by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 
Stat. 3076.
    The Job Training Partnership Act, referred to in subsec. 
(e)(1)(B)(i), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as 
amended. Section 122 and title VII of the Act were classified to section 
1532 and subchapter VI (Sec. 1792 et seq.) of chapter 19 of this title, 
respectively, prior to repeal by Pub. L. 105-220, title I, 
Sec. 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. 
For complete classification of this Act to the Code, see Tables.
    This Act, referred to in subsec. (e)(2), is Pub. L. 105-220, Aug. 7, 
1998, 112 Stat. 936, as amended, known as the Workforce Investment Act 
of 1998. For complete classification of this Act to the Code, see Short 
Title note set out under section 9201 of Title 20, Education, and 
Tables.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-277 substituted ``Chairperson'' for 
``Chairman'' in heading.

                  Section Referred to in Other Sections

    This section is referred to in sections 705, 2801, 2822 of this 
title; title 20 section 2341.
