Bill Text: IN HB1238 | 2010 | Regular Session | Introduced


Bill Title: Disclosure of gifts from foreign entity.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Interstate and International Cooperation [HB1238 Detail]

Download: Indiana-2010-HB1238-Introduced.html


Introduced Version






HOUSE BILL No. 1238

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 21-30.

Synopsis: Disclosure of gifts from foreign entity. Requires state educational institutions to disclose gifts received from foreign governments, foreign legal entities, and foreign persons.

Effective: July 1, 2010.





Noe




    January 11, 2010, read first time and referred to Committee on Interstate and International Cooperation.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1238



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 21-30-1-3; (10)IN1238.1.1. -->     SECTION 1. IC 21-30-1-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. "Foreign government" refers to any government other than the United States government or the government of a state or a political subdivision of the United States. The term includes an agent of such a government.
SOURCE: IC 21-30-1-4; (10)IN1238.1.2. -->     SECTION 2. IC 21-30-1-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. "Foreign legal entity" refers to an entity created under the laws of:
        (1) a foreign government; or
        (2) the United States or of any state of the United States if a majority of the ownership of the stock of the entity is directly or indirectly owned legally or beneficially by one (1) or more foreign governments or one (1) or more foreign persons or if a majority of the membership of the entity is composed of foreign persons or legal entities created under the laws of a

foreign government.
The term includes an agent of such a legal entity.

SOURCE: IC 21-30-1-5; (10)IN1238.1.3. -->     SECTION 3. IC 21-30-1-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. "Foreign person" refers to any individual who is not a citizen or national of the United States or a trust territory or protectorate of the United States. The term includes an agent of such an individual.
SOURCE: IC 21-30-1-6; (10)IN1238.1.4. -->     SECTION 4. IC 21-30-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. "Gift" refers to an endowment, gift, grant, contract, award, or property of any kind.
SOURCE: IC 21-30-2-1; (10)IN1238.1.5. -->     SECTION 5. IC 21-30-2-1, AS ADDED BY P.L.2-2007, SECTION 271, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Any state educational institution or the state of Indiana may:
        (1) receive gifts, bequests, and devises of real or personal property, or both, for the aid or maintenance of any state educational institution; and
        (2) agree to return to the donor or to any living person named by the donor and living at the time of the gift, an annuity under the provisions and safeguards provided in this chapter.
     (b) A state educational institution shall disclose the amount, terms, restrictions, and requirements attached to or made a part of any gift of a value that exceeds one hundred thousand dollars ($100,000) made to a state educational institution by a foreign government, foreign legal entity, or foreign person.
    (c) If a foreign government, foreign legal entity, or foreign person makes more than one (1) gift to a state educational institution in any fiscal year of a state educational institution, and the total value of those gifts exceeds one hundred thousand dollars ($100,000), the state educational institution shall report all such gifts received.
    (d) Information received under this section shall be forwarded to the commission for higher education and the education roundtable not later than thirty (30) days after the final day of the fiscal year of the state educational institution. The information must include the following:
        (1) The amount and the date of the making 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) If the gift is by a foreign government, the name of the foreign government.
        (4) If the gift is by a foreign legal entity, the name of the foreign country in which the entity is principally located.
        (5) If the gift is by a foreign person, the name of the country in which the foreign person resides.
        (6) The purpose or purposes for which the gift will be used.
    (e)
The name of the foreign legal entity shall be disclosed if a gift:
        (1) contains conditions or restrictions regarding the control of curricula, employment or termination of faculty, admission of students, or student fees; or
        (2) is contingent upon the agreement of the state educational institution to take specific public positions or actions or to award honorary degrees.
    (f) A state educational institution shall file in an electronic format under IC 5-14-6 the disclosure required under this section with:
        (1) the education roundtable; and
        (2) the commission for higher education.
The information disclosed under this section must remain on web sites maintained by the education roundtable and the commission for higher education for five (5) years.

SOURCE: IC 21-30-4-2; (10)IN1238.1.6. -->     SECTION 6. IC 21-30-4-2, AS ADDED BY P.L.2-2007, SECTION 271, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The board of trustees of Ivy Tech Community College may accept gifts, grants, bequests, and devises absolutely and in trust for support of Ivy Tech Community College or its programs.
     (b) The board of trustees shall disclose the amount, terms, restrictions, and requirements attached to or made a part of any gift of a value that exceeds one hundred thousand dollars ($100,000) made to Ivy Tech Community College by a foreign government, foreign legal entity, or foreign person.
    (c) If the foreign government, foreign legal entity, or foreign person makes more than one (1) gift to Ivy Tech Community College in any fiscal year, and the total value of those gifts exceeds one hundred thousand dollars ($100,000), the board of trustees shall report all such gifts received.
    (d) Information received under this section shall be forwarded to the commission for higher education and the education roundtable not later than thirty (30) days after the final day of the fiscal year of Ivy Tech Community College. The information must

include the following:
        (1) The amount and the date of the making 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) If the gift is by a foreign government, the name of the foreign government.
        (4) If the gift is by a foreign legal entity, the name of the foreign country in which the entity is principally located.
        (5) If the gift is by a foreign person, the name of the country in which the foreign person resides.
        (6) The purpose or purposes for which the gift will be used.
    (e)
The name of the foreign legal entity shall be disclosed if a gift:
        (1) contains conditions or restrictions regarding the control of curricula, employment or termination of faculty, admission of students, or student fees; or
        (2) is contingent upon the agreement of the state educational institution to take specific public positions or actions or to award honorary degrees.
    (f) The board of trustees shall file in an electronic format under IC 5-14-6 the disclosure required under this section with:
        (1) the education roundtable; and
        (2) the commission for higher education.
The information disclosed under this section must remain on web sites maintained by the education roundtable and the commission for higher education for five (5) years.

SOURCE: IC 21-30-5-3; (10)IN1238.1.7. -->     SECTION 7. IC 21-30-5-3, AS ADDED BY P.L.2-2007, SECTION 271, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) The board of trustees may receive, accept, hold, administer, and use any property transferred to them by gift, bequest, or devise, with the terms and conditions, and with the obligations, liabilities, and burdens that are imposed on the gift, bequest, or devise, when, in the judgment of the board of trustees, it is for the best interest of Vincennes University.
     (b) The board of trustees shall disclose the amount, terms, restrictions, and requirements attached to or made a part of any gift of a value that exceeds one hundred thousand dollars ($100,000) made to Vincennes University by a foreign government, foreign legal entity, or foreign person.
    (c) If the foreign government, foreign legal entity, or foreign person makes more than one (1) gift to Vincennes University in any

fiscal year, and the total value of those gifts exceeds one hundred thousand dollars ($100,000), the board of trustees shall report all such gifts received.
    (d) Information received under this section shall be forwarded to the commission for higher education and the education roundtable not later than thirty (30) days after the final day of the fiscal year of the state educational institution. The information must include the following:
        (1) The amount and the date of the making 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) If the gift is by a foreign government, the name of the foreign government.
        (4) If the gift is by a foreign legal entity, the name of the foreign country in which the entity is principally located.
        (5) If the gift is by a foreign person, the name of the country in which the foreign person resides.
        (6) The purpose or purposes for which the gift will be used.
    (e)
The name of the foreign legal entity shall be disclosed if a gift:
        (1) contains conditions or restrictions regarding the control of curricula, employment or termination of faculty, admission of students, or student fees; or
        (2) is contingent upon the agreement of the state educational institution to take specific public positions or actions or to award honorary degrees.
    (f) The board of trustees shall file in an electronic format under IC 5-14-6 the disclosure required under this section with:
        (1) the education roundtable; and
        (2) the commission for higher education.
The information disclosed under this section must remain on web sites maintained by the education roundtable and the commission for higher education for five (5) years.

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