AGO Opinion Topics: 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.