Use the six characteristics that may qualify an entity as an instrumentality of government. Opinions are not rules of law however, Attorney General Opinions are given substantial weight and are presumed to be correct interpretations of State law unless the opinion is modified by legislative or judicial means. There may be language distinguishing an entity as governmental for some purposes (i.e., open disclosure and public meetings), but that should be expected from any entity that provides any degree of public service therefore, it should not necessarily be used as the sole consideration for determining an entity’s legal status.Īn Attorney General Opinion generally consists of a written interpretation of an existing State law.Statute may or may not specify that entities are governments of the State.When making an Individual determination the following should be considered. If the State is unable or unwilling to make a determination on an entity’s status then SSA will make an entity by entity determination as we review, approve, deny and execute coverage through modifications. If necessary, how do I make an individual determination of an entity’s status? However, if a State needs assistance from SSA regarding an entity and its relative status to the Section 218 Agreement or modification then the State should contact the RO.ħ. The State determines for whom and whether and when to extend Section 218 coverage subject to the requirements of Section 218 of the Act. Negotiations between a State and entities of the State in connection with coverage under the State's Agreement are generally intrastate matters. Who is responsible for negotiating the legal status with an entity? Therefore, if an entity or entity type is not defined in statute and legislation then, in consideration of the State’s authority to specify who or what its political subdivisions are, it is strongly encouraged that the Attorney General, at the request of the state administrator, opine on the legal status of an entityĦ. Generally, the State determines the legal status of an entity of the State. Who makes the determination as to whether or not an entity is governmental or non-governmental? “Political subdivision” ordinarily includes counties, cities, townships, villages, schools, sanitation, utility, irrigation, drainage and flood-control districts, and similar governmental entities.ĥ. What are examples of typical political subdivisions? The term ordinarily includes a county, city, town, village, or school district, and, in many States, a sanitation, utility, reclamation, drainage, flood control, or similar district.” A political subdivision’s legal status is governmental.Ĥ. What is the definition of a non-governmental or private entity?Ī non-governmental entity is that which is not affiliated, through ownership or control, with State and local governments.Ī political subdivision is a separate legal entity of a State which usually has specific governmental functions. What is the definition of a governmental entity?Ī governmental entity is that which is closely affiliated, generally by government ownership or control, with State and local governments.Ģ. How do I determine if Federal or State Laws apply?ġ.
What is Section 501(c) of the Internal Revenue Code (IRC)?.If necessary, how do I make an individual determination of an entity’s status?.Who is responsible for negotiating the legal status with an entity?.Who makes the determination as to whether or not an entity is governmental or non-governmental?.What are examples of typical political subdivisions?.What is the definition of a non-governmental or private entity?.
This course looks at the various factors to consider when determining whether an entity is governmental or non-governmental. Section 218 Training Home Section 218 Training