HLS 10RS-894 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 836
BY REPRESENTATIVE WOOTON
HIGHER EDUCATION: Provides relative to disclosure of gifts made to institutions of
higher education by foreign governments, persons, and entities
AN ACT1
To enact R.S. 17:1818, relative to certain donations to higher education institutions; to2
require public academic degree-granting institutions to disclose certain information3
about gifts received from foreign governments, legal entities, or persons; to provide4
for procedures and enforcement; to provide for rules; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:1818 is hereby enacted to read as follows: 8
§1818. Disclosure of gifts made to higher education institutions by foreign9
governments, persons, and entities10
A. As used in this Section, the following terms shall have the following11
meanings unless the context clearly requires otherwise:12
(1) "Fiscal year" shall mean the fiscal year of the state of Louisiana.13
(2) "Foreign government" shall mean any government other than the United14
States government or the government of a state or a political subdivision thereof and15
shall include an agent of such government.16
(3) "Foreign legal entity" shall mean any of the following:17
(a) Any legal entity created under the laws of a foreign government.18
(b) Any legal entity created under the laws of the United States or of any19
state of the United States if a majority of the ownership of the stock of such legal20
entity is directly or indirectly owned legally or beneficially by one or more foreign21
governments or one or more foreign persons or one or more legal entities created22 HLS 10RS-894 ENGROSSED
HB NO. 836
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under the laws of a foreign government or if a majority of the membership of any1
such entity is composed of foreign persons or legal entities created under the laws2
of a foreign government and shall include an agent of such legal entity.3
(4) "Foreign person" shall mean any individual who is not a citizen or4
national of the United States or a trust territory or protectorate of the United States5
and shall include an agent of such individual.6
(5) "Gift" shall mean an endowment, scholarship, gift, donation, grant, or7
award of money or property of any kind. "Gift" shall include entering into a contract8
or other agreement to make a gift.9
(6) "Higher education institution" shall mean each Louisiana public10
postsecondary, academic degree-granting institution.11
B.(1) Every higher education institution shall disclose the amount, terms,12
restrictions, and requirements attached to or made a part of any gift of a value in13
excess of two hundred fifty thousand dollars made to such institution by a foreign14
government, foreign legal entity, or foreign person in any fiscal year. If the foreign15
government, foreign legal entity, or foreign person makes more than one gift to an16
institution in any fiscal year, and the total value of those gifts in such fiscal year17
exceeds two hundred fifty thousand dollars, the institution shall disclose all of such18
gifts received.19
(2) The disclosure required by this Section shall be made in a report to the20
Board of Regents, which shall be filed with the Board of Regents no later than thirty21
days after the final day of the fiscal year.22
C. The report required by Subsection B of this Section shall include all of the23
following:24
(1) The amount of the gift and the date on which the gift was made to the25
higher education institution.26
(2) If the gift is conditional, matching, or designated for a particular purpose,27
full details of the conditions, matching provisions, or designation.28 HLS 10RS-894 ENGROSSED
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(3) The name of the foreign government, in the case of a gift by a foreign1
government.2
(4) The name of the foreign country in which a foreign entity or foreign3
person is principally located or resides, in the case of a gift by a foreign entity or4
foreign person.5
(5) The name of the foreign entity, in the case of a gift which either:6
(a) Contains conditions or restrictions regarding the control of curricula,7
employment or termination of faculty, admission of students, or student fees; or8
(b) Is contingent upon the agreement of the institution to take any specific9
public position or actions or to award any honorary degree.10
(6) The purpose or purposes for which the gift will be used.11
D. The report and all information in the report shall be a public record.12
E. At the request of the Board of Regents, the attorney general may file a13
civil action to compel a higher education institution to comply with the provisions14
of this Section.15
F. The Board of Regents may adopt rules, in accordance with the16
Administrative Procedure Act, to provide for implementation of this Section.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 836
Abstract: Requires public higher education institutions that award academic degrees to
disclose certain information about gifts received from foreign governments, foreign
legal entities, and foreign persons. Provides for procedures, enforcement, and rules.
Proposed law requires every public higher education institution in the state to disclose the
amount, terms, restrictions, and requirements attached to or made a part of any gift of a value
in excess of $250,000 made to such institution by a foreign government, foreign legal entity,
or foreign person in any fiscal year. Requires disclosure of all gifts from the same source
if multiple gifts from such a source exceed a value of $250,000 in a single fiscal year.
Proposed law defines terms as follows:
(1)"Fiscal year" – The fiscal year of the state of Louisiana. HLS 10RS-894 ENGROSSED
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(2)"Foreign government" – Any government other than the U.S. government or the
government of a state or a political subdivision thereof. Includes an agent of such
government.
(3)"Foreign legal entity" – Any of the following:
(a)Any legal entity created under the laws of a foreign government.
(b)Any legal entity created under U.S. law or the law of any state of the U.S.,
if a majority of the ownership of its stock is directly or indirectly owned
legally or beneficially by a foreign government(s) or foreign person(s)or
legal entity(ies) created under the laws of a foreign government, or if a
majority of the membership of any such entity is composed of foreign
persons or legal entities created under the laws of a foreign government.
Includes an agent of such legal entity.
(4)"Foreign person" – Any individual who is not a citizen or national of the U.S. or a
U.S. trust territory or protectorate. Includes an agent of such individual.
(5)"Gift" – An endowment, scholarship, gift, donation, grant, or award of money or
property of any kind. Includes entering into a contract or other agreement to make
a gift.
(6)"Higher education institution" – Each La. public postsecondary, academic degree-
granting institution.
Proposed law provides that disclosure shall be in a report to the Board of Regents to be filed
with the board no later than 30 days after the final day of the fiscal year.
Proposed law provides that the report and the information in it shall be a public record and
requires that the report include:
(1)The amount and date of the gift.
(2)If the gift is conditional, matching, or designated for a particular purpose, full details
of the conditions, matching provisions, or designation.
(3)The name of the foreign government, if the gift is from a foreign government.
(4)The name of the foreign country in which a foreign entity or foreign person is
principally located or resides, if the gift is from a foreign entity or foreign person.
(5)The name of the foreign entity, if the gift either: (a) contains conditions or
restrictions regarding the control of curricula, employment or termination of faculty,
admission of students, or student fees; or (b) is contingent upon the institution
agreeing to take any specific public position or actions or to award any honorary
degree.
(6)The purpose or purposes for which the gift will be used.
Proposed law provides that, at the request of the Board of Regents, the attorney general may
file a civil action to compel a higher education institution to comply with proposed law.
Proposed law authorizes the Board of Regents to adopt rules, in accordance with the
Administrative Procedure Act, to implement proposed law.
(Adds R.S. 17:1818) HLS 10RS-894 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Removes applicability to private higher education institutions and makes the Act
applicable only to public higher education institutions.
2. Makes disclosure requirement applicable to gifts in excess of $250,000 instead
of in excess of $100,000.
3. Changes definition and references to each institution's fiscal year and provides
that fiscal year means the state's fiscal year.