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AGO Opinions with Topic: SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER
AGO 1991 No. 5
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February 13, 1991
PUBLIC RECORDS - OPEN PUBLIC MEETINGS ACT - CORPORATIONS - SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER
PUBLIC RECORDS ‑- OPEN PUBLIC MEETINGS ACT ‑- CORPORATIONS ‑- SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER
1. The Open Public Meetings Act and public records provisions of the Public Disclosure Act apply to state agencies. An organization or entity is a state agency for these purposes if it is the functional equivalent of a state agency. 2. A four-part analysis is used to determine if an organization or entity is the functional equivalent of a state agency: (1) whether the organization performs a governmental function; (2) the level of government funding; (3) the extent of government involvement or regulation; and (4) whether the organization was created by the government. 3. The Small Business Export Finance Assistance Center is not the functional equivalent of a state agency under this four-part analysis. Therefore, the Center is not subject to the Open Public Meetings Act or the public records provisions of the Public Disclosure Act.
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