Section 53B-1-201 - DefinitionsAs used in this part:
(1) "Conditional gift" means a gift as defined in Subsection (4) that is subject to conditions: (a) imposed, requested, or provided by a foreign government or foreign person; and(b) that relate to: (i) what kinds of teachers or students may benefit from the gift; or(ii) a description of the subject matter to be taught with the support of the gift.(2) "Foreign government" means a government other than the government of: (b) a state within the United States;(c) a territory or possession of the United States; or(d) a political subdivision of the United States.(3) "Foreign person" means: (a) a foreign government defined in Subsection (2);(b) an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;(c) a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;(d) if known by the higher education institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:(i) a foreign government;(ii) an individual described in Subsection (3)(b); or(iii) an entity described in Subsection (3)(c) or (d); or(e) if known by the higher education institution, a committee or other group in which a majority of the membership is composed of: (i) a foreign government;(ii) an individual described in Subsection (3)(b); or(iii) an entity described in Subsection (3)(c) or (d).(4) "Gift" means an endowment, scholarship, gift, donation, or grant of money or property of any kind.(5) "Higher education institution" means an institution in the state system of higher education as defined in Section 53B-1-102.(6) "Restricted foreign entity" means: (a) a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;(b) any affiliate of a company described in Subsection (6)(a);(c) the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or(d) any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c).Amended by Chapter 368, 2022 General Session ,§ 1, eff. 5/4/2022.Enacted by Chapter 243, 2010 General Session.