M1C4

With certain exceptions set forth in the Act, the Act applies to nonprofit organizations that receive direct allocation of tax funds from the governing authority of any agency if those funds constitute more than one third of the organization's total funding. O.C.G.A. § 50-14-1(a)(1)(E). In addition, any entities which operate "as vehicles for public agencies," whether nonprofit or otherwise, are subject to the Act regardless of the amount of funding they receive from the public. Northwest Ga. Health Sys. v. Times-Journal, 218 Ga. App. 336, 461 S.E.2d 297 (1995).

Nongovernmental bodies receiving public funds or benefits are covered under Mont. Code Ann. § 2-3-203(1), which requires that all meetings of public bodies "or organizations or agencies supported in whole or in part by public funds or expending funds must be open to the public."

Nongovernment bodies receiving public funds or benefits are not subject to the Open Meetings Act, unless such bodies are advisory bodies for the government. See Utah Code Ann. § 52-4-103(7).

The Sunshine Law's definition of "board" encompasses only entities of "the State or its political subdivisions which [are] created by constitution, statute, rule, or executive order to have supervision, control, jurisdiction or advisory power over specific matters and which [are] required to conduct meetings and to take official actions." Haw. Rev. Stat. § 92-2(1) (emphases added). The Sunshine Law implies that it cannot be applied to nongovernmental bodies receiving public funds or benefits if they have not been created under some authority of the State.

County agricultural societies, which are private corporations that receive tax funds, are public bodies subject to Public Meetings Law. Nixon v. Madison Co. Ag. Soc'y, 217 Neb. 37, 348 N.W.2d 119 (1984). Rule of cited case appears to have broad application. A 1992 amendment to the statute includes within the definition of "public body" "instrumentalities exercising essentially public functions." Neb. Rev. Stat. § 84-1409(1)(vi).

As stated above, the intent of the act is to have it simply apply to every "public body" at which any official action is taken or contemplated. With the exception of the rulings that the University of Vermont is covered by the act, none of these more arcane issues (¶¶ 4-9) has ever been addressed or resolved in Vermont.

The question of whether nongovernmental bodies that receive public funds or benefits are subject to the provisions of the Idaho Open Meeting Law has not been addressed by any appellate court in Idaho. The application of the Open Meeting Law to such bodies probably turns upon whether the body was created by some public act (such as a statute, ordinance or other legislative act), rather than upon whether governmental officials who might otherwise be subject to the act are included in its membership or upon whether public funds are received by the body.

The law generally covers any entity that either expends or disburses or is supported in whole or in part by tax revenues. Private or quasi-public entities who do not meet this test are not covered. The following bodies have been declared to be public bodies: Nevada Interscholastic Association, Board of Architecture, Reno City Insurance Committee, Board of Dental Examiners, Community Development Corporation and the Eureka County Economic Development Council, See A.G.O. Manual, 10th edition, page 22.

Organizations, corporations and agencies that are not supported wholly or principally by public funds are exempted from the requirements of the Act. Va. Code Ann. § 2.2-3701.

There are many private agencies that receive government grants or some other type of funding, such as arts councils, alcohol abuse programs, women's shelters and other social service programs. It is doubtful that such bodies would be considered public bodies for the purposes of the Open Meetings Act.