(1)
- (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, an institution shall disclose to the board, by filing a disclosure report described in Subsection (2), a gift received by the institution of $50,000 or more from a foreign person, considered alone or in combination with all other gifts from the foreign person, during the period beginning July 1 and ending on June 30 immediately preceding the July 31 deadline.
(b) An institution may rely on the following address of a foreign person to determine the citizenship or nationality of the foreign person if the citizenship or nationality is unknown:
- (i) for a foreign person that is an individual, the principal residence; and
- (ii) for a foreign person that is not an individual, the principal place of business.
(c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is from a foreign person:
- (i) with a principal residence or principal place of business located in the United States; and
(ii) with a permanent resident status:
- (A) under Section 245 of the Immigration and Nationality Act; and
- (B) for 10 years or more.
(2) A disclosure report regarding all gifts described in Subsection (1) shall include:
- (a) the amount of each gift described in Subsection (1);
- (b) the date on which each gift described in Subsection (1) was received by the institution;
- (c) the name of the foreign person making each gift described in Subsection (1);
- (d) the aggregate amount of all gifts described in Subsection (1) from a foreign person during the prior fiscal year of the institution;
- (e) for a conditional gift, a description of the conditions or restrictions related to the conditional gift;
(f) for a conditional gift:
- (i) for a foreign person that is an individual, if known, the country of citizenship or principal residence of the individual; or
- (ii) for a foreign person that is not an individual, if known, the country of incorporation or place of business of the foreign person; and
(g) for a conditional gift that is a contract entered into between an institution and a foreign person:
- (i) the amount;
- (ii) the date;
- (iii) a description of all conditions or restrictions; and
- (iv) the name of the foreign person.
- (3) A disclosure report required by this section is a public record open to inspection and review during the institution's business hours.
- (4) At the request of the board, the attorney general may file a civil action to compel an institution to comply with the requirements of this section.
- (5) The board shall make rules for the administration of this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- (6) An institution may not seek or accept funding support from a restricted foreign entity or an entity that passes on funding support from a restricted foreign entity.
Renumbered and Amended by Chapter 8, 2025 Special Session 1