Ala. Admin. Code r. 305-9-1-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-9-1-.03 - Definitions

(As listed in FPMR 41-101-44)

(1)Approved or accredited nonprofit educational or public health institution or organization. This term shall be broken down into the following meanings:

(a) "Approved" means recognition and approval by the State Department of Education, State Department of Health, or other appropriate authority where no recognized accrediting board, association, or other authority exists for the purpose of making an accreditation. For an educational institution or an educational program, approval must relate to academic or instructional standards established by the appropriate authority. An educational institution or program may be considered approved if its instructions and credits therefore are accepted by an accredited or state-approved institution, or if it meets the academic or instructional standards prescribed for public schools in the state; i.e., the organizational entity or program is developed primarily to approved academic, vocational (including technical or occupational), or professional study and instruction which operates primarily for educational purposes on a full-time basis for a minimum school year as prescribed by the state and employs a full-time staff of qualified instructors. For a public health institution or program, approval must relate to the medical requirements and standards for the professional and technical services of the institution established by the appropriate authority. A health institution or program may be considered as approved when a state body having authority under law to establish standards and requirements for public health institutions renders approval thereto whether by accreditation procedures or by licensing or such other method prescribed by state law. In the absence of an official state approving authority for a public health institution or program or educational institution or program, the awarding of research grants to the institution or organization by a recognized authority such as the National Institute of Health, the National Institute of Education, or by similar national advisory council or organization may constitute approval of the institution or program.

(b) "Accredited" means approval by a recognized accrediting board or association on a regional, state, or national level, such as the state Board of Education, state Board of Health, the American Hospital Association, a regional or national accrediting association for universities, colleges, or secondary schools, or another recognized accrediting association.

(c) "Licensed" means recognition and approval by the appropriate State or local authority approving institutions or programs in specialized areas. Licensing generally relates to established minimum public standards of safety, sanitation, staffing, and equipment as they relate to the construction, maintenance, and operation of a health or educational facility, rather than to the academic, instructional, or medical standards for these institutions.

(d) "Nonprofit tax-exempt" means an institution or organization, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, and which has been held to be tax-exempt under the provisions of Section 501 of the U.S. Internal Revenue Code of 1954.

(e) "Educational Institution" means an approved, accredited, or licensed public or nonprofit institution, facility, entity or organization conducting educational programs (including research for any such programs), such as a:

1. child care center, public or nonprofit facility, where educational, social, health, and nutritional services are provided to children through age 14 or as prescribed by State law, and which is approved or licensed by the State or other appropriate authority as a child day care center or child care center.

2. school (except school for the mentally retarded and school for the physically handicapped) which is a public or nonprofit approved or accredited organizational entity devoted primarily to approved academic, vocational, or professional study and instruction, which operates primarily for educational proposes on a full-time basis for a minimum school year and employs a full-time staff of qualified instructors.

3. school for the mentally retarded which is a public or nonprofit facility or institution operated primarily to provide specialized instruction to students of limited mental capacity; operates on a full-time basis for the equivalent of a minimum school year prescribed for public school instruction of the mentally retarded, and has a staff of qualified instructors and demonstrates that the facility meets the health and safety standards of the school or local governmental body.

4. school for the physically handicapped, public or nonprofit, organized primarily to provide specialized instruction to students whose physical handicaps necessitate individual or group instruction; operates on a full-time basis for the equivalent of a minimum school year prescribed for public school instruction for the physically handicapped; has a staff of qualified instructors and demonstrates that the facility meets the health and safety standards of the state or local governmental body.

5. college which is an approved or accredited public or nonprofit institution of higher learning offering organized study courses and credits leading to a baccalaureate or higher degree.

6. university which is an approved or accredited public or nonprofit institution for instruction and study in the higher branches of learning empowered to confer degrees in special departments or colleges.

7. educational radio station, public or nonprofit, licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes.

8. educational television station, public or nonprofit, licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes.

9. museum (public or nonprofit institution) which is organized on a permanent basis for essentially educational or aesthetic purposes and which, using a professional staff, owns or uses tangible objects, whether animate or inanimate; cares for these objects; and exhibits them to the public on a regular basis (at least 1000 hours a year). As used in this section, the term "museum" includes, but is not limited to, the following institutions if they satisfy all other provisions of this definition: Aquariums and zoological parks; botanical gardens and arboretums; nature centers; museums relating to art, history (including historic buildings), natural history, science, and technology; and planetariums. For the purposes of this definition, an institution uses a professional staff if it employs at least one full-time staff member or the equivalent, whether paid or unpaid, primarily engaged in the acquisition care, or public exhibition of objects owned or used by the institution. This definition of museum does not include any institution that exhibits objects to the public if the display or use of the objects is only incidental to the primary function of the institution.

10. library, public or nonprofit, which provides library services free to all residents of a community, district, State, or region.

(f) "Public health institution" means an approved, accredited, or licensed public or nonprofit institution, facility, entity, or organization conducting a public health program or programs, such as a:

1. medical institution which is approved, accredited, or licensed public or nonprofit institution, facility, entity or organization the primary function of which is the furnishing of public health and medical services to the public at large or promoting public health through the conduct of research for any such purposes, experiments, training or demonstrations relating to cause, prevention and methods of diagnosis and treatment of diseases and injuries.

2. hospital which is an approved or accredited public or nonprofit institution providing public health services primarily for inpatient medical or surgical care of the sick and injured and includes related facilities such as laboratories, outpatient departments, training facilities, and staff offices.

3. clinic which is an approved public or nonprofit facility organized and operated for the primary purpose of providing outpatient public health services and includes customary related services such as laboratories and treatment.

4. health center which is an approved public or nonprofit facility utilized by a health unit for the provision of public health services, including related facilities such as diagnostic and laboratory facilities and clinics.

5. nursing home which is a public or non-profit institution providing skilled nursing care and related medical services to individuals admitted because of illness, disease, or physical or mental infirmity. A nursing home may be considered as a qualified public health institution if it is:

(i) operated in connection with a hospital;

(ii) a facility for long-term care of convalescents, chronic disease patients, or other persons who require skilled nursing care and related medical services in which the nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to practice medicine or surgery in the State; or

(iii) certified to provide health services to medicaid or medicare patients under the provisions of the Social Security Act.

6. geriatric center, public or nonprofit, which furnishes public health and medical services to the aged.

7. alcohol or drug abuse treatment centers, public or nonprofit, which are clinics or medical institutions providing for the diagnosis, treatment, and rehabilitation of alcoholics and drug addicts. These centers should have available professional medical staffs on a regular visiting basis.

(2)Coordinator Property Manager. That officer or employee who shall be designated by the head of each department, board, bureau, commission, institution, corporation, or agency of the state, in writing, to the Surplus Property Division, to be the personal property management coordinator.

(3)Eligible entity Donee. Eligible donee means:

(a) any entity as listed in paragraph 305-9-1-.03.

(b) Any city, county, board of education, volunteer fire department, civil defense agency, or state department, board, bureau, commission, Small Business Administration, Service Education Activity, non-profit organization, or agency that is not found to be in violation of Surplus Property Division rules and regulations during the 12 months immediately preceding the intended purchase of state surplus property. (b) Any public agency, approved or accredited nonprofit educational or public health institution or organization, nonprofit tax exempt institution or organization that receives appropriated funds for programs for older individuals, or homeless agency, intending to purchase federal surplus property.

(c) Any nonprofit corporation which is authorized to purchase federal surplus property shall be authorized to purchase state surplus property, provided that such corporation complies with all federal laws, regulations, and guidelines regarding the purchase of federal surplus property.

(4)Fair market value. The price in cash, or its equivalent, that the property would bring at the time ofacquisition purchase, considering its highest and most profitable use, if it is offered for sale in the open market in competition for sale with other similar properties at or near the location of the property acquired.

(5)Federal surplus personal property. Surplus properties made available by the federal government (specifically, the General Services Administration) under the provisions of the Federal Property and Administrative Services Act of 1949, as amended, the Federal Property Management Improvement Act of 1988, and the Federal Property and Administrative Services Act of 1988, to institutions, organizations, and agencies eligible to receive such properties.

(6)Homeless agency. Homeless agency means aA public agency or a nonprofit tax-exempt institution or organization that operates a program which provides assistance such as food, shelter, or other services to homeless individuals. Property acquired through the donation program for such institutions or organizations must be used exclusively in their program(s) for providing assistance to homeless individuals.

(7)Listing of available surplus property. A list or lists of all surplus property available for transfer. Such list is prepared, published, and distributed by the Surplus Property Divisionon a bimonthly basis. through the internet and posted at the Surplus Property office in Montgomery, Alabama, and Eva, Alabama.

(8)List of prospective buyers. A mailing list of prospective buyers of surplus state property, which is maintained by the Surplus Property Division. Such list is updated annually or as required by the Division.

(9)Nonprofit tax exempt institutions or organizations that receive appropriated funds for programs for older individuals. This term shall be broken down into the following meanings:

(a) "Nonprofit tax-exempt" means an institution or organization, no part of the net earnings of which inures or may lawfully inure to the benefit or any private shareholder or individual, and which has been held to be tax-exempt under the provisions of Section 501 of the U.S. Internal Revenue Code of 1954.

(b) "Programs for older individuals" means any nonprofit tax-exempt institution or organization which receives funds appropriated for programs for older individuals under:

1. The Older Americans Act of 1965, as amended.

2. Title IV or title XX of the Social Security Act.

3. The Economic Opportunity Act of 1964.

(10)Public agency. Public agency means any:

(a) state or department, agency, or instrument thereof;

(b) political subdivision of the State, including any unit of local government or economic development district, or any department, agency, or instrument thereof;

(c) instrument created by compact or other agreement between a State or political subdivision;

(d) multi-jurisdictional sub-State districts established by or pursuant to State law; and

(e) Indian tribe, band, group, pueblo, or community located on a State reservation.

(119)Public auction. A sale at auction to the highest bidder for which notice or invitation is given to the public so that they may have the opportunity to engage in competitive bidding on the property up for sale, and the auction is held at a place to which the public has access.

(1210)Public purpose. Public purpose means any:

(a) conservation program or programs carried out or promoted by a public agency for public purposes involving directly or indirectly the protection, maintenance, development, and restoration of the natural resources of a given political area. Such resources include but are not limited to the air, land, forests, water, rivers, streams, lakes and ponds, minerals, and animals, fish, and other wildlife.

(b) economic development program or programs carried out or promoted by a public agency for public purposes which involve directly or indirectly efforts to improve the opportunities of a given political area for the successful establishment or expansion of industrial, commercial or agricultural plants or facilities, and which otherwise assist in the creation of long term employment opportunities in the area, or primarily benefit the unemployed or those with low incomes.

(c) education program or programs to develop and promote the training, general knowledge or academic, technical and vocational skills and cultural attainments of individuals in a community or other given political area. Such programs may be conducted by schools, including pre-school activities and child care centers, colleges, universities, schools for the mentally retarded or physically handicapped, educational radio and television stations, libraries and museums. Public educational programs may include public school systems and such supportive facilities as centralized administrative or service facilities.

(d) park and recreation program or programs carried out or promoted by a public agency for public purposes which involve directly or indirectly the acquisition, development, improvement, maintenance and protection of park and recreational facilities for the residents of a given political area. Such facilities include but are not limited to parks, playground and athletic fields, swimming pools, golf courses, nature facilities, and nature trails.

(e) public health program or programs to promote, maintain, and conserve the public's health by providing health services to individuals and by the conduct of research, investigations, examination, training and demonstrations. Public health services may include but are not limited to the control of communicable diseases, immunization, maternal and child health programs, sanitary engineering, sewage treatment and disposal, and sanitation inspection and supervision, water purification and distribution, air pollution control, garbage and trash disposal and the control of and elimination of disease-carrying animals and insects.

(f) public safety program or programs carried out or promoted by a public agency for public purposes involving, directly or indirectly, the protection, safety, law enforcement activities, and criminal justice system of a given political area. Public safety programs may include but are not limited to those carried out by public police departments, sheriff's offices, the courts, penal and correctional institutions including juvenile facilities, state and civil defense organizations, fire departments and rescue squads, including volunteer fire departments and rescue squads supported in whole or in part with public funds.

(g) program for older individuals carried out or promoted by a state or local government agency which receives funds appropriated for programs for older individuals under the Older Americans Act of 1965, as amended, under Title IV or Title XX of the Social Security Act, or under the Economic Opportunity Act of 1964.

(11)Retail store. State property, which has been in inventory over 60 days and offered at a fixed price. Operating times will be set by the Surplus Property Division Director.

(1312)Sale of surplus property. Sales of state property which are periodicallyconducted by the Surplus Property Division for the general public. Such sales may be either by public auction, spot bid, or sealed bid.

(1413)Sealed bid. An offer made by an intending purchaser to pay a designated price for property which is to be sold at auction, such offer to be contained in a sealed envelope, and all such bids are opened at the same time with the most favorable highest responsible bid being the one accepted. The Surplus Property Division reserves the right to withdraw any item from the auction listing.

(1514)Spot bid. An offer made by an intending purchaser to pay a designated price for property being sold at auction, such offer to be made in the presence of the public at such auction, and the award of bid going to the most favorable highest responsible bid. The Surplus Property Division reserves the right to refuse any and all bids deemed not responsible.

(15)Fixed price. Price determined by the Surplus Property Division Director or his designee based on experience and value of similar items in the market place.

(161416)State surplus personal property.

(a) Any non-consumable equipment, supplies, or other items owned by the state which are no longer needed by the owning agency and meeting the requirements of inventorial personal property, and the estimated usable life of which is one year or more and the unit acquisition cost is $100.00$500.00 or more.

(b) That property declared by thepersonal property management coordinator of each state department, bureau, board, commission or agency to be surplus and so designated in writing to thechief Surplus Property Division Director.

(171516)Successful bidder. The intending purchaser whose bid on the property for sale is accepted as themost favorable highest responsible bid.

(181617)Surplus property center. The multi-purpose property disposal site located in Montgomery at 4401 Northern By-pass, on the North Boulevard just west of U.S. Highway 231. This center serves in the capacity of receiving surplus personal property from the various state agencies, providing a centralized inspection facility for state agencies and program eligibles, screening for needed items, and serving as a final sale site where public auctions or sealed bids may be conducted. A satellite center is located in Eva, Alabama, at 3445 Eva Road.

(191718)Surplus Property Division. The Surplus Property Division of the Alabama Department of Economic and Community Affairs.

(2019)Want list. A list of major items of property needed byagencies donees. Such list is maintained by the Surplus Property Division and is comprised of specialized items and items in large quantities. Requests should be deleted after going one year unfilled.

Author: Shane T. Bailey

Ala. Admin. Code r. 305-9-1-.03

New Rule: Filed November 25, 2002; effective December 30, 2002.

Statutory Authority:Code of Ala. 1975, § 41-23-6.