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ACT No. 715
Regular Session, 2010
HOUSE BILL NO. 836
BY REPRESENTATIVE WOOTON
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
ยง1818. 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
under the laws of a foreign government or if a majority of the membership of any23 ENROLLEDHB NO. 836
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such entity is composed of foreign persons or legal entities created under the laws1
of a foreign government and shall include an agent of such legal entity.2
(4) "Foreign person" shall mean any individual who is not a citizen or3
national of the United States or a trust territory or protectorate of the United States4
and shall include an agent of such individual.5
(5) "Gift" shall mean an endowment, scholarship, gift, donation, grant, or6
award of money or property of any kind. "Gift" shall include entering into a contract7
or other agreement to make a gift.8
(6) "Higher education institution" shall mean each Louisiana public9
postsecondary, academic degree-granting institution.10
B.(1) Every higher education institution shall disclose the amount, terms,11
restrictions, and requirements attached to or made a part of any gift of a value in12
excess of two hundred fifty thousand dollars made to such institution by a foreign13
government, foreign legal entity, or foreign person in any fiscal year. If the foreign14
government, foreign legal entity, or foreign person makes more than one gift to an15
institution in any fiscal year, and the total value of those gifts in such fiscal year16
exceeds two hundred fifty thousand dollars, the institution shall disclose all of such17
gifts received.18
(2) The disclosure required by this Section shall be made in a report to the19
Board of Regents, which shall be filed with the Board of Regents no later than thirty20
days after the final day of the fiscal year.21
C. The report required by Subsection B of this Section shall include all of the22
following:23
(1) The amount of the gift and the date on which the gift was made to the24
higher education institution.25
(2) If the gift is conditional, matching, or designated for a particular purpose,26
full details of the conditions, matching provisions, or designation.27
(3) The name of the foreign government, in the case of a gift by a foreign28
government.29 ENROLLEDHB NO. 836
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(4) The name of the foreign country in which a foreign entity or foreign1
person is principally located or resides, in the case of a gift by a foreign entity or2
foreign person.3
(5) The name of the foreign entity, in the case of a gift which either:4
(a) Contains conditions or restrictions regarding the control of curricula,5
employment or termination of faculty, admission of students, or student fees; or6
(b) Is contingent upon the agreement of the institution to take any specific7
public position or actions or to award any honorary degree.8
(6) The purpose or purposes for which the gift will be used.9
D. The report and all information in the report shall be a public record.10
E. At the request of the Board of Regents, the attorney general may file a11
civil action to compel a higher education institution to comply with the provisions12
of this Section.13
F. The Board of Regents may adopt rules, in accordance with the14
Administrative Procedure Act, to provide for implementation of this Section.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: