HB1238112th GA (Historical)Introduced

Amends TCA Title 49.

ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1238, AS AMENDED. AMENDMENT #1 rewrites the bill. This amendment prohibits a public institution of higher education in this state (institution) from: (A) Hosting a Confucius Institute. Under this amendment, a "Confucius Institute" means a Confucius Institute or Chinese Language Partner Network operated by the Office of Chinese Language Council International, also known as Hanban, which is affiliated with the ministry of education of the People's Republic of China; and (B) Accepting a gift from a from a foreign source or from entering into a contract with a foreign source if the institution believes that doing so would threaten: the integrity of the institution's research, instruction, or operations; the institution's intellectual property rights; the protection of confidential information; or the safety and security of the institution, the institution's personnel and students, this state, or the United States. Under this amendment, if an institution: (1) Receives a gift from a foreign source valued at more than $10,000, then the institution must disclose the following information with respect to the gift: the dollar value of the gift; the name and national affiliation of the foreign source funding the gift; the department, college, school, or other business unit of the institution to which the gift was made; the date the gift was received; and a brief description of the gift; (2) Enters into a contract with a foreign source valued at more than $10,000, then the institution must disclose the following information with respect to the contract: the dollar value of the contract; the name and national affiliation of the foreign source entering into the contract with the institution; the department, college, school, or other business unit of the institution that benefits from the contract; the effective date and termination date of the contract; and a brief description of the contract; (3) Receives multiple gifts from foreign sources affiliated with the same foreign government, and each of the gifts is valued $10,000 or less, but the aggregate value of the gifts is more than $10,000, then all of the gifts must be disclosed in accordance with item (1) above; or (4) Enters into multiple contracts with foreign sources affiliated with the same foreign government, and each of the contracts is valued at $10,000 or less, but the aggregate value of the contracts is more than $10,000, then all of the contracts must be disclosed in accordance with item (2) above. This amendment also requires, by July 31, 2021, and by July 31 of each year thereafter, each institution to prepare a foreign gifts and contracts disclosure report that includes the information required to be disclosed pursuant to this amendment, and submit the report to the comptroller of the treasury and the department of safety for review. The amendment details the requirements for such report. The comptroller will make such reports publicly available on the comptroller's website.

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Overview

ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1238, AS AMENDED. AMENDMENT #1 rewrites the bill. This amendment prohibits a public institution of higher education in this state (institution) from: (A) Hosting a Confucius Institute. Under this amendment, a "Confucius Institute" means a Confucius Institute or Chinese Language Partner Network operated by the Office of Chinese Language Council International, also known as Hanban, which is affiliated with the ministry of education of the People's Republic of China; and (B) Accepting a gift from a from a foreign source or from entering into a contract with a foreign source if the institution believes that doing so would threaten: the integrity of the institution's research, instruction, or operations; the institution's intellectual property rights; the protection of confidential information; or the safety and security of the institution, the institution's personnel and students, this state, or the United States. Under this amendment, if an institution: (1) Receives a gift from a foreign source valued at more than $10,000, then the institution must disclose the following information with respect to the gift: the dollar value of the gift; the name and national affiliation of the foreign source funding the gift; the department, college, school, or other business unit of the institution to which the gift was made; the date the gift was received; and a brief description of the gift; (2) Enters into a contract with a foreign source valued at more than $10,000, then the institution must disclose the following information with respect to the contract: the dollar value of the contract; the name and national affiliation of the foreign source entering into the contract with the institution; the department, college, school, or other business unit of the institution that benefits from the contract; the effective date and termination date of the contract; and a brief description of the contract; (3) Receives multiple gifts from foreign sources affiliated with the same foreign government, and each of the gifts is valued $10,000 or less, but the aggregate value of the gifts is more than $10,000, then all of the gifts must be disclosed in accordance with item (1) above; or (4) Enters into multiple contracts with foreign sources affiliated with the same foreign government, and each of the contracts is valued at $10,000 or less, but the aggregate value of the contracts is more than $10,000, then all of the contracts must be disclosed in accordance with item (2) above. This amendment also requires, by July 31, 2021, and by July 31 of each year thereafter, each institution to prepare a foreign gifts and contracts disclosure report that includes the information required to be disclosed pursuant to this amendment, and submit the report to the comptroller of the treasury and the department of safety for review. The amendment details the requirements for such report. The comptroller will make such reports publicly available on the comptroller's website.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
153038452715

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HB1238: Amends TCA Title 49. | LegisGo