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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the funding of foreign language education.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ prohibits an institution of higher education from seeking or accepting funding
15 support from a restricted foreign entity;
16 ▸ requires Southern Utah University to establish the Helen Foster Snow Cultural
17 Center, subject to legislative appropriations; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 This bill appropriates in fiscal year 2023:
21 ▸ to Southern Utah University - Education and General, as a one-time appropriation:
22 • from the Education Fund, One-time, $300,000.
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53B-1-201, as enacted by Laws of Utah 2010, Chapter 243
28 53B-1-202, as last amended by Laws of Utah 2016, Chapter 188
29 ENACTS:
30 53B-33-101, Utah Code Annotated 1953
31 53B-33-201, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53B-1-201 is amended to read:
35 53B-1-201. Definitions.
36 As used in this part:
37 (1) "Conditional gift" means a gift as defined in Subsection (4) that is subject to
38 conditions:
39 (a) imposed, requested, or provided by a foreign government or foreign person; and
40 (b) that relate to:
41 (i) what kinds of teachers or students may benefit from the gift; or
42 (ii) a description of the subject matter to be taught with the support of the gift.
43 (2) "Foreign government" means a government other than the government of:
44 (a) the United States;
45 (b) a state within the United States;
46 (c) a territory or possession of the United States; or
47 (d) a political subdivision of the United States.
48 (3) "Foreign person" means:
49 (a) a foreign government defined in Subsection (2);
50 (b) an individual who is not a citizen or national of the United States or of a territory or
51 protectorate of the United States;
52 (c) a corporation, partnership, joint venture, proprietorship, trust, association, or other
53 entity that is created or organized under the laws of a foreign government or that has its
54 principal place of business located outside the United States;
55 (d) if known by the higher education institution, a corporation, partnership, joint
56 venture, proprietorship, trust, association, or other entity that is created or organized pursuant
57 to the laws of the United States or a state within the United States, if a majority of the stock or
58 other equity interest is directly or indirectly owned by, or which derives a majority of its
59 funding from:
60 (i) a foreign government;
61 (ii) an individual described in Subsection (3)(b); or
62 (iii) an entity described in Subsection (3)(c) or (d); or
63 (e) if known by the higher education institution, a committee or other group in which a
64 majority of the membership is composed of:
65 (i) a foreign government;
66 (ii) an individual described in Subsection (3)(b); or
67 (iii) an entity described in Subsection (3)(c) or (d).
68 (4) "Gift" means an endowment, scholarship, gift, donation, or grant of money or
69 property of any kind.
70 (5) "Higher education institution" means an institution in the state system of higher
71 education as defined in Section 53B-1-102.
72 (6) "Restricted foreign entity" means:
73 (a) a company that the United States Secretary of Defense is required to list as a
74 military company under the requirements of federal national defense authorization acts;
75 (b) any affiliate of a company described in Subsection (6)(a);
76 (c) the country with a commercial or defense industrial base of which a company
77 described in Subsection (6)(a) is a part; or
78 (d) any subsidiary of a company described in Subsection (6)(a) or a country described
79 in Subsection (6)(c).
80 Section 2. Section 53B-1-202 is amended to read:
81 53B-1-202. Disclosure of foreign gifts to higher education institutions --
82 Prohibition on restricted foreign entity funds.
83 (1) (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, a
84 higher education institution shall disclose to the board, by filing a disclosure report described in
85 Subsection (2), a gift received by the higher education institution of $50,000 or more from a
86 foreign person, considered alone or in combination with all other gifts from the foreign person,
87 during the period beginning July 1 and ending on June 30 immediately preceding the July 31
88 deadline.
89 (b) A higher education institution may rely on the following address of a foreign person
90 to determine the citizenship or nationality of the foreign person if the citizenship or nationality
91 is unknown:
92 (i) for a foreign person that is an individual, the principal residence; and
93 (ii) for a foreign person that is not an individual, the principal place of business.
94 (c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the
95 gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is
96 from a foreign person:
97 (i) with a principal residence or principal place of business located in the United States;
98 and
99 (ii) with a permanent resident status:
100 (A) under Section 245 of the Immigration and Nationality Act; and
101 (B) for 10 years or more.
102 (2) A disclosure report regarding all gifts described in Subsection (1) shall include:
103 (a) the amount of each gift described in Subsection (1);
104 (b) the date on which each gift described in Subsection (1) was received by the higher
105 education institution;
106 (c) the name of the foreign person making each gift described in Subsection (1);
107 (d) the aggregate amount of all gifts described in Subsection (1) from a foreign person
108 during the prior fiscal year of the higher education institution;
109 (e) for a conditional gift, a description of the conditions or restrictions related to the
110 conditional gift;
111 (f) for a conditional gift:
112 (i) for a foreign person that is an individual, if known, the country of citizenship or
113 principal residence of the individual; or
114 (ii) for a foreign person that is not an individual, if known, the country of incorporation
115 or place of business of the foreign person; and
116 (g) for a conditional gift that is a contract entered into between a higher education
117 institution and a foreign person:
118 (i) the amount;
119 (ii) the date;
120 (iii) a description of all conditions or restrictions; and
121 (iv) the name of the foreign person.
122 (3) A disclosure report required by this section is a public record open to inspection
123 and review during the higher education institution's business hours.
124 (4) At the request of the board, the attorney general may file a civil action to compel a
125 higher education institution to comply with the requirements of this section.
126 (5) The board shall make rules for the administration of this section in accordance with
127 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
128 (6) Beginning July 1, 2023, a higher education institution may not seek or accept
129 funding support from a restricted foreign entity or an entity that passes on funding support from
130 a restricted foreign entity.
131 Section 3. Section 53B-33-101 is enacted to read:
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134 53B-33-101. Definitions.
135 Reserved
136 Section 4. Section 53B-33-201 is enacted to read:
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138 53B-33-201. Helen Foster Snow Cultural Center.
139 Subject to legislative appropriations, Southern Utah University shall establish the Helen
140 Foster Snow Cultural Center to provide language support and cultural opportunities to students
141 studying the Mandarin Chinese language.
142 Section 5. Appropriation.
143 The following sums of money are appropriated for the fiscal year beginning July 1,
144 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
145 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
146 Act, the Legislature appropriates the following sums of money from the funds or accounts
147 indicated for the use and support of the government of the state of Utah.
148 ITEM 1
149 To Southern Utah University - Education and General
150 From Education Fund, One-time
300,000
151 Schedule of Programs:
152 Education and General 300,000
153 The Legislature intends that:
154 (1) appropriations provided under this Item 3 be used for the establishment of the
155 Helen Foster Snow Cultural Center in accordance with Section 53B-33-201; and
156 (2) under Section 63J-1-603, appropriations provided under this Item 3 not lapse at the
157 close of fiscal year 2023, and the use of any nonlapsing funds is limited to the establishment of
158 the Helen Foster Snow Cultural center in accordance with Section 53B-33-201.