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<blockquote data-quote="forensicbuzz" data-source="post: 933361" data-attributes="member: 198"><p>FYI, the AA at uga is a non-profit 501(C) corporation. The reason they have to abide by FOIA is the following (emphasis mine). Regulations restrict the University to 10% of the budget, so it is not considered to be required to comply with FOIA by state law. It's the "operating as a vehicle for a public agency" clause that requires the AA's to comply with FOIA. Here in Illinois, the state appellate court ruled that IHSA (Illinois High School Association) was exempt from FOIA because it was a private, non-profit association. It variers state to state. I've included a link for anyone interested in the varying rules of different states. <a href="https://www.rcfp.org/open-government-sections/4-nongovernmental-bodies-receiving-public-funds-or-benefits/" target="_blank">Link</a></p><p></p><ul> <li data-xf-list-type="ul"><a href="https://www.rcfp.org/open-government-guide/georgia/" target="_blank"> <h3>Georgia</h3> </a>The Act expressly applies to “any nonprofit organization to which there is a direct allocation of tax funds made by the governing body of any agency … which constitutes more than 33 1/3 percent of the funds from all sources of such organization.” O.C.G.A. § 50-14-1(a)(E). But the Act also provides that such an allocation shall not be sufficient to include within the Act’s coverage “hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state” or “a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.”<br /> In addition, <strong>private entities that 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.</strong> <em>Nw. Ga. Health Sys. v. Times-Journal</em>, 218 Ga. App. 336, 461 S.E.2d 297 (1995).</li> </ul></blockquote><p></p>
[QUOTE="forensicbuzz, post: 933361, member: 198"] FYI, the AA at uga is a non-profit 501(C) corporation. The reason they have to abide by FOIA is the following (emphasis mine). Regulations restrict the University to 10% of the budget, so it is not considered to be required to comply with FOIA by state law. It's the "operating as a vehicle for a public agency" clause that requires the AA's to comply with FOIA. Here in Illinois, the state appellate court ruled that IHSA (Illinois High School Association) was exempt from FOIA because it was a private, non-profit association. It variers state to state. I've included a link for anyone interested in the varying rules of different states. [URL='https://www.rcfp.org/open-government-sections/4-nongovernmental-bodies-receiving-public-funds-or-benefits/']Link[/URL] [LIST] [*][URL='https://www.rcfp.org/open-government-guide/georgia/'][HEADING=2]Georgia[/HEADING][/URL] The Act expressly applies to “any nonprofit organization to which there is a direct allocation of tax funds made by the governing body of any agency … which constitutes more than 33 1/3 percent of the funds from all sources of such organization.” O.C.G.A. § 50-14-1(a)(E). But the Act also provides that such an allocation shall not be sufficient to include within the Act’s coverage “hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state” or “a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.” In addition, [B]private entities that 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.[/B] [I]Nw. Ga. Health Sys. v. Times-Journal[/I], 218 Ga. App. 336, 461 S.E.2d 297 (1995). [/LIST] [/QUOTE]
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