H.B. 114

1

DISCLOSURE OF DONATIONS TO HIGHER
2 EDUCATION INSTITUTIONS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Carl Wimmer
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires higher education institutions to disclose certain gifts.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a higher education institution to disclose to the Board of Regents certain
15 gifts received from a foreign person; and
16 . provides the method of disclosure.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 53B-1-201, Utah Code Annotated 1953
24 53B-1-202, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53B-1-201 is enacted to read:

28 Part 2. Disclosure of Foreign Gifts
29 53B-1-201. Definitions.
30 As used in this part:
31 (1) "Conditional gift" means an endowment, scholarship, gift, donation, or grant of
32 money or property of any kind that is subject to conditions:
33 (a) imposed, requested, or provided by a foreign government or foreign person; and
34 (b) that relate to:
35 (i) what kinds of teachers or students may benefit from the gift; or
36 (ii) a description of the subject matter to be taught with the support of the gift.
37 (2) "Foreign government" means a government other than the government of:
38 (a) the United States;
39 (b) a state within the United States;
40 (c) a territory or possession of the United States; or
41 (d) a political subdivision of the United States.
42 (3) "Foreign person" means:
43 (a) a foreign government defined in Subsection (2);
44 (b) an individual who is not a citizen or national of the United States or of a territory or
45 protectorate of the United States;
46 (c) a corporation, partnership, joint venture, proprietorship, trust, association, or other
47 entity that is created or organized under the laws of a foreign government or that has its
48 principal place of business located outside the United States;
49 (d) a corporation, partnership, joint venture, proprietorship, trust, association, or other
50 entity that is created or organized pursuant to the laws of the United States or a state within the
51 United States, if a majority of the stock or other equity interest is directly or indirectly owned
52 by, or which derives a majority of its funding from:
53 (i) a foreign government;
54 (ii) an individual described in Subsection (3)(b); or
55 (iii) an entity described in Subsection (3)(c) or (d); or
56 (e) a committee or other group in which a majority of the membership is composed of:
57 (i) a foreign government;
58 (ii) an individual described in Subsection (3)(b); or

59 (iii) an entity described in Subsection (3)(c) or (d).
60 (4) "Gift" means an endowment, scholarship, gift, donation, or grant of money or
61 property of any kind.
62 (5) "Higher education institution" means an institution in the state system of higher
63 education as defined in Section 53B-1-102 .
64 Section 2. Section 53B-1-202 is enacted to read:
65 53B-1-202. Disclosure of foreign gifts to higher education institutions.
66 (1) On or before July 31 of each year, a higher education institution shall disclose to
67 the board, by filing a disclosure report described in Subsection (2), the following gifts received
68 by the higher education institution during the period beginning July 1 and ending on June 30
69 immediately preceding the July 31 deadline:
70 (a) a gift to the higher education institution of $50,000 or more by a foreign person,
71 considered alone or in combination with all other gifts from the foreign person; and
72 (b) a conditional gift to the higher education institution by a foreign person.
73 (2) A disclosure report regarding all gifts or conditional gifts described in Subsection
74 (1) shall include:
75 (a) the amount of each gift or conditional gift described in Subsection (1);
76 (b) the date on which each gift or conditional gift described in Subsection (1) was
77 received by the higher education institution;
78 (c) the name of the foreign person making each gift or conditional gift described in
79 Subsection (1);
80 (d) the aggregate amount of all gifts or conditional gifts described in Subsection (1)
81 from each foreign person during the prior fiscal year of the higher education institution;
82 (e) for a conditional gift, a description of the conditions or restrictions related to the
83 conditional gift;
84 (f) for a conditional gift:
85 (i) for a foreign person that is an individual, the country of citizenship or principal
86 residence of the individual; or
87 (ii) for a foreign person that is not an individual, the country of incorporation or place
88 of business of the foreign person; and
89 (g) for a conditional gift that is a contract entered into between a higher education

90 institution and a foreign person:
91 (i) the amount;
92 (ii) the date;
93 (iii) a description of all conditions or restrictions; and
94 (iv) the name of the foreign person.
95 (3) A disclosure report required by this section is a public record open to inspection
96 and review during the higher education institution's business hours.
97 (4) At the request of the board, the attorney general may file a civil action to compel a
98 higher education institution to comply with the requirements of this section.
99 (5) On or before the November interim meeting of each year, the board shall report to
100 the Education Interim Committee and provide a summary of all gifts and conditional gifts
101 received by higher education institutions during the prior fiscal year.
102 (6) The board shall make rules for the administration of this section in accordance with
103 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.





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as of 1-27-10 1:43 PM

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