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.
AGO 1991 NO. 5 > Feb 13 1991
PUBLIC RECORDS ‑- OPEN PUBLIC MEETINGS ACT ‑- CORPORATIONS ‑- SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER