Missouri Laws 173.275 – Foreign gifts to institutions — disclosure to department, when, how, contents
1. As used in this section, the following terms shall mean:
(1) “Foreign government”, any government other than the government of the United States or any state or political subdivision of the United States;
Terms Used In Missouri Laws 173.275
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- United States: includes such district and territories. See Missouri Laws 1.020
(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 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, foreign persons, or 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.
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The term “foreign legal entity” shall include agents of such entities;
(3) “Foreign person”, any individual who is not a citizen or national of the United States, or any trust territory or protectorate of the United States. The term “foreign person” shall include agents of such persons;
(4) “Gift”, any endowment, gift, grant, contract, award, or property of any kind;
(5) “Institution of higher education” or “institution”, the University of Missouri, Lincoln University, the state colleges, community colleges and teachers’ colleges.
2. Every institution of higher education shall disclose to the department of higher education and workforce development the amount, terms, restrictions, conditions, and requirements attached to or made a part of any gift from any foreign government, foreign legal entity, or foreign person which has a value of one hundred thousand dollars or more, made to such institution of higher education in any fiscal year if any term, restriction, condition or requirement attached to or made a part of any such gift is a violation of, or would cause the institution of higher education to be in violation of, any federal or state law relating to discrimination on the basis of race, creed, color, sex, age, marital status, ethnic background, or religion. If any foreign government, foreign entity, or foreign person makes more than one gift to any institution of higher education in any fiscal year of such institution, such institution shall make the report required by this subsection if the aggregate value of all gifts from any one foreign government, foreign legal entity, or foreign person is one hundred thousand dollars or more in such fiscal year.
3. The information to be furnished to the department of higher education and workforce development shall be forwarded to the department no later than thirty days after the final day of the fiscal year of each institution of higher education, and shall include:
(1) The amount of each gift and the date on which it was received by the institution;
(2) When a gift is conditional, a matching gift, or designated for a particular purpose, the full details of the conditions, matching provisions or designation;
(3) In the case of a gift by a foreign government, the name of such government;
(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 foreign person 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 the gift:
(a) Contains conditions or restrictions regarding the control of curricula, employment or termination of faculty members, admission of students, or student fees and tuition; or
(b) Is contingent upon the agreement of the institution to take specific public positions or actions, or to award honorary degrees.
4. All information disclosed and furnished to the department of higher education and workforce development under this section shall be deemed a public record under sections 610.010 to 610.030 and shall be made available by the department to the general public for inspection, review and copying during the department’s normal business hours.