ENGROSSED HOUSE BILL NO. 1491



                                                                          C 156 L 90 PV



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Leonard, Schoon, Moyer, Prentice, Anderson, Raiter, Hine, Wineberry, Todd, Vekich, Cooper, Brekke, Jacobsen, Nelson, R. King, Pruitt, Sayan, Spanel, Basich and Rasmussen



Read first time 1/25/89 and referred to Committee on Human Services.



AN ACT Relating to community action agencies; and adding new sections to chapter 43.63A RCW.




          NEW SECTION.  Sec. 1.  A new section is added to chapter 43.63A RCW to read as follows:

          (1) The community action agency network, established initially under the federal economic opportunity act of 1964 and subsequently under the federal community services block grant program of 1981, as amended, shall be a delivery system for federal and state anti-poverty programs in this state, including but not limited to the community services block grant program, the low-income energy assistance program, and the federal department of energy weatherization program.

          (2) Local community action agencies comprise the community action agency network.  The community action agency network shall serve low-income persons in the counties.   Each community action agency and its service area shall be designated in the state federal community service block grant plan as prepared by the department of community development.

          (3) Funds for anti-poverty programs may be distributed to the community action agencies by the department of community development and other state agencies in consultation with the authorized representatives of community action agency networks.


          NEW SECTION.  Sec. 2.  A new section is added to chapter 43.63A RCW to read as follows:

          In addition to complying with all applicable requirements of federal law, a community action agency shall:

          (1) Be an office, division, or agency of a designated political subdivision of the state, or a designated locally managed not-for-profit organization qualifying under section 501(c)(3) of the federal internal revenue code;

          (2) Have a community action board of at least nine but no more than thirty-three members, constituted so that:

          (a) One-third of the members of the board are currently serving as elected public officials or their designees.  If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;

          (b) At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and

          (c) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups or interests in the community;

          (3) Be governed by the community action board if the agency is a private not-for-profit organization.  The board shall have all duties, responsibilities, and powers normally associated with such boards, including, but not limited to:

          (a) Selection, appointment, and dismissal of the executive director of the agency;

          (b) Approval of all contracts, grant applications, budgets, and operational policies of the agency;

          (c) Evaluation of programs; and

          (d) Securing an annual audit of the agency;

          (4) Be administered by the community action board if the organization is an office, division, or agency of a political subdivision of the state.  The community action board shall provide for the operation of the agency and shall be directly responsible to the governing board of the political subdivision.  The community action board, at a minimum, shall:

          (a) Review and be consulted on the development of program policy;

          (b) Be involved in and consulted on the appointment and dismissal of the agency director;

          (c) Monitor and evaluate program effectiveness;

          (d) Insure the effectiveness of community involvement in the planning process; and

          (e) Assume all duties delegated to it by the governing board of the political subdivision;

          (5) Have a clearly defined, specified service area;

          (6) Have an accounting system that meets generally accepted accounting principles and be so certified by an independent certified accountant;

          (7) Provide assurances against the use of governmental funds for political activity by the community action agency;

          (8) Provide assurances that no person may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program; and

          (9) Provide assurances that the community action agency will comply with any prohibition against discrimination on the basis of age under the federal age discrimination act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the federal rehabilitation act of 1973, or its successor.

                                                                                                                        Passed the House February 2, 1990.


                                                                                                                                         Speaker of the House.


                                                                                                                      Passed the Senate February 23, 1990.


                                                                                                                                       President of the Senate.