Section 159-E. Definitions

When used in this article:
    ** 1. "Eligible entity" shall mean any organization
    (a)  officially designated as a community action agency or a community
  action program under the provisions of section two hundred  ten  of  the
  economic  opportunity  act  of  1964  for  fiscal year 1981, unless such
  community  action  agency  or  a  community  action  program  lost   its
  designation  under  section two hundred ten of such act as a result of a
  failure to comply with the provisions of such act; or
    (b) designated  by  the  process  described  in  section  one  hundred
  fifty-nine-m  of this article (including an organization serving migrant
  or seasonal farmworkers that is so described or designated).
    Such eligible entity shall have a tripartite board  as  its  governing
  board   which   fully   participates   in   the  development,  planning,
  implementation, and  evaluation  of  the  program  to  serve  low-income
  communities  and through which the entity shall administer the community
  services block grant program. However, such eligible entities which  are
  public  organizations  shall  have  either a tripartite board or another
  mechanism  specified  by  the  state  to  assure  decision  making   and
  participation  by  low-income  individuals in the development, planning,
  implementation, and evaluation of programs funded under this article.
    ** NB Effective until September 30, 2010
    ** 2. "Tripartite board" shall mean
    (a) the governing board of a private nonprofit entity selected by  the
  entity and composed so as to assure that
    (1)  one-third  of  the  members  of  the  board  are  elected  public
  officials,  holding  office  on  the  date  of   selection,   or   their
  representatives,  except  that  if  the number of such elected officials
  reasonably available and willing to serve on  the  board  is  less  than
  one-third  of  the  membership  of the board, membership on the board of
  appointive public officials or their representatives may be  counted  in
  meeting such one-third requirement;
    (2)  (A) not fewer than one-third of the members are persons chosen in
  accordance with democratic selection procedures adequate to assure  that
  these  members are representative of low-income individuals and families
  in the neighborhood served; and
    (B)  each  representative  of  low-income  individuals  and   families
  selected  to  represent a specific neighborhood within a community under
  clause (A) of this subparagraph resides in the neighborhood  represented
  by the member; and
    (3) the remainder of the members are officials or members of business,
  industry,  labor,  religious, law enforcement, education, or other major
  groups and interests in the community served; or
    (b) the governing board of a public  organization,  which  shall  have
  members  selected  by  the  organization  and shall be composed so as to
  assure that not fewer than one-third of the members are  persons  chosen
  in  accordance  with  democratic selection procedures adequate to assure
  that these members
    (1) are representative of low-income individuals and families  in  the
  neighborhood served;
    (2) reside in the neighborhood served; and
    (3)  are  able  to  participate actively in the development, planning,
  implementation, and evaluation of programs funded under this article.
    ** NB Effective until September 30, 2010
    ** 2.  "Eligible  entity"  shall  mean  any  organization  which   was
  officially designated as a community action agency or a community action
  program  under the provisions of section two hundred ten of the economic
  opportunity act of 1964 for fiscal  year  1981,  unless  such  community
  action  agency  or a community action program lost its designation under

  section two hundred ten of such act as a result of a failure  to  comply
  with  the  provisions  of  such  act.  Such eligible entity shall have a
  governing board which is constituted so as to assure that  one-third  of
  the members of the board are elected public officials, currently holding
  office,  or  their  representatives, to be selected by the chief elected
  officials of the state or local government or combination  thereof,  who
  possess  the  authority to designate an eligible entity pursuant to this
  article, except that if  the  number  of  elected  officials  reasonably
  available  and willing to serve is less than one-third of the membership
  of the board, membership on the board of appointive public officials may
  be counted in meeting such one-third requirements. At least one-third of
  the members  are  persons  chosen  in  accordance  with  any  democratic
  selection procedure which assures maximum feasible participation of poor
  persons  residing  in  the area to be served by the eligible entity; and
  one-third of the members are  representatives  of  interest  groups  and
  private  organizations  within the community to be served, including but
  not  limited  to  social  service  agencies,  educational  institutions,
  business, industrial, labor and religious organizations.
    ** NB Effective September 30, 2010
    ** 3.  "Indian  tribes"  and  "tribal  organizations" shall mean those
  tribes, bands or other organized groups of  Indians  recognized  in  the
  state  or  considered  by the federal secretary of the interior to be an
  Indian tribe or an Indian organization for any purpose.
    ** NB Repealed September 30, 2010
    ** 4. "Community  based  organization"  shall  mean  any  organization
  incorporated  for  the purpose of providing services or other assistance
  to economically or socially disadvantaged persons within its  designated
  community.  Such  organization  must  have a board of directors of which
  more than half of the members reside in such designated community.
    ** NB (Becomes sub. 3. on September 30, 2010)
    ** 5. "Department" shall mean the department of state.
    ** NB (Becomes sub. 4. on September 30, 2010)
    ** 6. "Secretary" shall mean the secretary of state.
    ** NB (Becomes sub 5. on September 30, 2010)
    * NB Expires September 30, 2010