2012 Utah Code
Title 53B - State System Of Higher Education
Article 1 - Governance, Powers, Rights, and Responsibilities
Section 202 - Disclosure of foreign gifts to higher education institutions.

(1) (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, a higher education institution shall disclose to the board, by filing a disclosure report described in Subsection (2), a gift received by the higher education institution of $50,000 or more from a foreign person, considered alone or in combination with all other gifts from the foreign person, during the period beginning July 1 and ending on June 30 immediately preceding the July 31 deadline.

(b) A higher education institution may rely on the following address of a foreign person to determine the citizenship or nationality of the foreign person if the citizenship or nationality is unknown:

(i) for a foreign person that is an individual, the principal residence; and

(ii) for a foreign person that is not an individual, the principal place of business.

(c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is from a foreign person:

(i) with a principal residence or principal place of business located in the United States; and

(ii) with a permanent resident status:

(A) under Section 245 of the Immigration and Nationality Act; and

(B) for 10 years or more.

(2) A disclosure report regarding all gifts described in Subsection (1) shall include:

(a) the amount of each gift described in Subsection (1);

(b) the date on which each gift described in Subsection (1) was received by the higher education institution;

(c) the name of the foreign person making each gift described in Subsection (1);

(d) the aggregate amount of all gifts described in Subsection (1) from a foreign person during the prior fiscal year of the higher education institution;

(e) for a conditional gift, a description of the conditions or restrictions related to the conditional gift;

(f) for a conditional gift:

(i) for a foreign person that is an individual, if known, the country of citizenship or principal residence of the individual; or

(ii) for a foreign person that is not an individual, if known, the country of incorporation or place of business of the foreign person; and

(g) for a conditional gift that is a contract entered into between a higher education institution and a foreign person:

(i) the amount;

(ii) the date;

(iii) a description of all conditions or restrictions; and

(iv) the name of the foreign person.

(3) A disclosure report required by this section is a public record open to inspection and review during the higher education institution's business hours.

(4) At the request of the board, the attorney general may file a civil action to compel a higher education institution to comply with the requirements of this section.

(5) On or before the November interim meeting of each year, the board shall report to the Education Interim Committee and provide a summary of all gifts described in Subsection (1) received by higher education institutions during the prior fiscal year.

(6) The board shall make rules for the administration of this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Enacted by Chapter 243, 2010 General Session