173.275. Foreign gifts to institutions--disclosure to department, when, how, contents.
Foreign gifts to institutions--disclosure to department,when, how, contents.
173.275. 1. As used in this section, the following terms shall mean:
(1) "Foreign government", any government other than the government ofthe United States or any state or political subdivision of the United States;
(2) "Foreign legal entity", any legal entity created under the laws of:
(a) A foreign government; or
(b) The United States, or any state of the United States, if a majorityof the ownership of the stock of such legal entity is directly or indirectlyowned, legally or beneficially, by one or more foreign governments, foreignpersons, or legal entities created under the laws of a foreign government, orif a majority of the membership of any such entity is composed of foreignpersons or legal entities created under the laws of a foreign government. Theterm "foreign legal entity" shall include agents of such entities;
(3) "Foreign person", any individual who is not a citizen or national ofthe United States, or any trust territory or protectorate of the UnitedStates. The term "foreign person" shall include agents of such persons;
(4) "Gift", any endowment, gift, grant, contract, award, or property ofany kind;
(5) "Institution of higher education" or "institution", the Universityof Missouri, Lincoln University, the state colleges, community colleges andteachers' colleges.
2. Every institution of higher education shall disclose to thedepartment of higher education the amount, terms, restrictions, conditions,and requirements attached to or made a part of any gift from any foreigngovernment, foreign legal entity, or foreign person which has a value of onehundred thousand dollars or more, made to such institution of higher educationin any fiscal year if any term, restriction, condition or requirementattached to or made a part of any such gift is a violation of, or would causethe institution of higher education to be in violation of, any federal orstate law relating to discrimination on the basis of race, creed, color, sex,age, marital status, ethnic background, or religion. If any foreigngovernment, foreign entity, or foreign person makes more than one gift to anyinstitution of higher education in any fiscal year of such institution, suchinstitution shall make the report required by this subsection if the aggregatevalue of all gifts from any one foreign government, foreign legal entity, orforeign person is one hundred thousand dollars or more in such fiscal year.
3. The information to be furnished to the department of higher educationshall be forwarded to the department no later than thirty days after the finalday of the fiscal year of each institution of higher education, and shallinclude:
(1) The amount of each gift and the date on which it was received by theinstitution;
(2) When a gift is conditional, a matching gift, or designated for aparticular purpose, the full details of the conditions, matching provisions ordesignation;
(3) In the case of a gift by a foreign government, the name of suchgovernment;
(4) In the case of a gift by a foreign legal entity or foreign person,the name of the foreign country in which such foreign legal entity or foreignperson is principally located or has his principal residence;
(5) The purpose for which the gift will be used; and
(6) The name of the foreign legal entity which made the gift if thegift:
(a) Contains conditions or restrictions regarding the control ofcurricula, employment or termination of faculty members, admission ofstudents, or student fees and tuition; or
(b) Is contingent upon the agreement of the institution to take specificpublic positions or actions, or to award honorary degrees.
4. All information disclosed and furnished to the department of highereducation under this section shall be deemed a public record under sections610.010 to 610.030, RSMo, and shall be made available by the department to thegeneral public for inspection, review and copying during the department'snormal business hours.
(L. 1985 H.B. 524 § 1)