I'll just be brief.
I agree with all of that. Publicly funded public function institutions can't be created by government and exempted from this and any other key accountability law that people struggled for decades to have cover every institution that is spending the taxpayers' money or serving a public purpose. It should be automatically covered. Then an organization could appeal to the commissioner, and then to the courts if they thought they should not be covered by the act, but I don't think most of them would. I think you would just solve the problem that way and get rid of this danger.