Bill Text: IN SB0378 | 2010 | Regular Session | Amended
Bill Title: Disclosure of gifts from foreign entity.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2010-02-02 - Third reading: defeated; Roll Call 155: Yeas 12 and Nays 38 [SB0378 Detail]
Download: Indiana-2010-SB0378-Amended.html
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.
January 12, 2010, read first time and referred to Committee on Education and Career
Development.
January 28, 2010, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(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.
(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.
(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.
(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.