§1818.  Disclosure of gifts made to higher education institutions by foreign governments, persons, and entities

A.  As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:

(1)  "Fiscal year" shall mean the fiscal year of the state of Louisiana.

(2)  "Foreign government" shall mean any government other than the United States government or the government of a state or a political subdivision thereof and  shall include an agent of such government.

(3)  "Foreign legal entity" shall mean any of the following:

(a)  Any legal entity created under the laws of a foreign government.

(b)  Any legal entity created under the laws of the United States or of any state of the United States if a majority of the ownership of the stock of such legal entity is directly or indirectly owned legally or beneficially by one or more foreign governments or one or more foreign persons or one or more legal entities 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 and shall include an agent of such legal entity.

(4)  "Foreign person" shall mean any individual who is not a citizen or national of the United States or a trust territory or protectorate of the United States and shall include an agent of such individual.

(5)  "Gift" shall mean an endowment, scholarship, gift, donation, grant, or award of money or property of any kind.  "Gift" shall include entering into a contract or other agreement to make a gift.

(6)  "Higher education institution" shall mean each Louisiana public postsecondary, academic degree-granting institution.

B.(1)  Every higher education institution shall disclose the amount, terms, restrictions, and requirements attached to or made a part of any gift of a value in excess of two hundred fifty thousand dollars made to such institution by a foreign government, foreign legal entity, or foreign person in any fiscal year.  If the foreign government, foreign legal entity, or foreign person makes more than one gift to an institution in any fiscal year, and the total value of those gifts in such fiscal year exceeds two hundred fifty thousand dollars, the institution shall disclose all of such gifts received.

(2)  The disclosure required by this Section shall be made in a report to the Board of Regents, which shall be filed with the Board of Regents no later than thirty days after the final day of the fiscal year.

C.  The report required by Subsection B of this Section shall include all of the following:

(1)  The amount of the gift and the date on which the gift was made to the higher education institution.

(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, in the case of a gift by a foreign government.

(4)  The name of the foreign country in which a foreign entity or foreign person is principally located or resides, in the case of a gift by a foreign entity or foreign person.

(5)  The name of the foreign entity, in the case of a gift which 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 agreement of the institution 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.

D.  The report and all information in the report shall be a public record.

E.  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 the provisions of this Section.

F.  The Board of Regents may adopt rules, in accordance with the Administrative Procedure Act, to provide for implementation of this Section.

Acts 2010, No. 715, §1.