S T A T E O F N E W Y O R K
________________________________________________________________________
5883
2009-2010 Regular Sessions
I N S E N A T E
June 15, 2009
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Introduced by Sen. WINNER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to providing for the
issuance of a certificate of ethics course completion to professional
fundraisers who complete a course of instruction in the law and ethics
of fundraising
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 178 to
read as follows:
S 178. COURSE OF INSTRUCTION IN THE LAW AND THE ETHICS OF FUNDRAISING
AND PHILANTHROPY. 1. ANY PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICI-
TOR, OR FUNDRAISING COUNSEL, WHO IS AN INDIVIDUAL REQUIRED TO REGISTER
PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE, WHO SHALL
HAVE COMPLETED AN ACCEPTABLE COURSE OF INSTRUCTION IN THE LAW AND ETHICS
OF FUNDRAISING AND PHILANTHROPY SHALL BE ENTITLED TO A CERTIFICATE OF
ETHICS COURSE COMPLETION BY THE ATTORNEY GENERAL. SUCH INDIVIDUALS SHALL
VERIFY ON THEIR REGISTRATION OR RE-REGISTRATION FORM THAT THEY HAVE
COMPLETED SUCH COURSE AND SHALL PROVIDE DOCUMENTATION OF SUCH COMPLETION
AT THE REQUEST OF THE ATTORNEY GENERAL.
2. ANY PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, OR FUNDRAISING
COUNSEL WHICH IS AN ORGANIZATION, GROUP, ASSOCIATION, PARTNERSHIP,
CORPORATION, OR ANY COMBINATION THEREOF REQUIRED TO REGISTER PURSUANT TO
SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE, SHALL BE ENTITLED TO
A CERTIFICATE OF ETHICS COURSE COMPLETION BY THE ATTORNEY GENERAL WHEN
SEVENTY-FIVE PERCENT OF THE EMPLOYEES OF THE PROFESSIONAL FUNDRAISER,
PROFESSIONAL SOLICITOR, OR FUNDRAISING COUNSEL RESPONSIBLE FOR THE
HIRING, TRAINING OR SUPERVISION OF EMPLOYEES ENGAGED IN THE FUNDRAISING
ACTIVITIES OF THE CHARITABLE ORGANIZATION COMPLETE AN ACCEPTABLE COURSE
OF INSTRUCTION IN THE LAW AND ETHICS OF FUNDRAISING AND PHILANTHROPY.
SUCH PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, OR FUNDRAISING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14348-02-9
S. 5883 2
COUNSEL SHALL VERIFY ON ITS REGISTRATION OR RE-REGISTRATION FORM THAT
SUCH VOLUNTEERS OR EMPLOYEES HAVE COMPLETED SUCH COURSE AND SHALL
PROVIDE DOCUMENTATION OF SUCH COMPLETION AT THE REQUEST OF THE ATTORNEY
GENERAL.
3. ANY CHARITABLE ORGANIZATION, INCLUDING ANY CHARITABLE ORGANIZATION
REQUIRED TO BE REGISTERED PURSUANT TO ARTICLE EIGHT OF THE ESTATES,
POWERS AND TRUSTS LAW, REQUIRED TO REGISTER PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS ARTICLE, SHALL BE ENTITLED TO A CERTIFICATE
OF ETHICS COURSE COMPLETION BY THE ATTORNEY GENERAL WHEN SEVENTY-FIVE
PERCENT OF THE EMPLOYEES OF THE CHARITABLE ORGANIZATION RESPONSIBLE FOR
THE HIRING, TRAINING OR SUPERVISION OF EMPLOYEES ENGAGED IN THE
FUNDRAISING ACTIVITIES OF THE CHARITABLE ORGANIZATION COMPLETE AN
ACCEPTABLE COURSE OF INSTRUCTION IN THE LAW AND ETHICS OF FUNDRAISING
AND PHILANTHROPY. SUCH CHARITABLE ORGANIZATION SHALL VERIFY ON ITS
REGISTRATION OR RE-REGISTRATION FORM THAT SUCH VOLUNTEERS OR EMPLOYEES
HAVE COMPLETED SUCH COURSE AND SHALL PROVIDE DOCUMENTATION OF SUCH
COMPLETION AT THE REQUEST OF THE ATTORNEY GENERAL.
4. THE ATTORNEY GENERAL SHALL ANNUALLY PUBLISH THE NAMES OF ANY
PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, FUNDRAISING COUNSEL OR
CHARITABLE ORGANIZATION THAT HAS BEEN GRANTED A CERTIFICATE OF ETHICS
COURSE COMPLETION IN ANY REPORT PREPARED TO ASSIST THE PUBLIC IN DETER-
MINING WHICH CHARITABLE ORGANIZATIONS TO SUPPORT AND SHALL INDICATE THAT
A CERTIFICATE OF ETHICS COURSE COMPLETION HAS BEEN GRANTED IN THE CHARI-
TIES BUREAU REGISTRY MAINTAINED BY THE ATTORNEY GENERAL.
5. FOR THE PURPOSE OF THIS SECTION, "ACCEPTABLE COURSE" SHALL MEAN A
COURSE OF INSTRUCTION APPROVED BY THE ATTORNEY GENERAL, IN CONSULTATION
WITH THE EDUCATION DEPARTMENT, IN RELATION TO THE LAW AND ETHICS OF
FUNDRAISING AND PHILANTHROPY. UNIVERSITIES AND COLLEGES STATEWIDE, AND
PROFESSIONAL TRADE ASSOCIATIONS THAT ESTABLISH PROFESSIONAL STANDARDS
AND PROVIDE TRAINING AND RESOURCES FOR INDIVIDUALS ENGAGING IN PROFES-
SIONAL FUNDRAISING, MAY OFFER AN ACCEPTABLE COURSE THROUGH CLASSROOM
TRAINING AND/OR BY DISTANCE LEARNING, AND SHALL PROVIDE DOCUMENTATION OF
COMPLETION TO THOSE WHO COMPLETE THE COURSE. ANY PERSON TAKING THE
COURSE MAY ELECT TO DO SO BY EITHER METHOD OFFERED. COURSES PROVIDED BY
DISTANCE LEARNING SHALL BE SUBJECT TO ALL REGULATIONS ESTABLISHED BY THE
STATE EDUCATION DEPARTMENT FOR SUCH COURSES.
S 2. The attorney general, in consultation with the education depart-
ment, shall issue a report to the governor, the temporary president of
the senate and the speaker of the assembly on or before June 30, 2012 on
the number and location of available approved courses of instruction,
the total number of registrants that completed such courses and the
total number of such registrants who are eligible to receive a certif-
icate of ethics course completion as provided for in section 178 of the
executive law, as added by section one of this act. The report shall
also include an assessment of the adequacy of the availability of the
courses statewide, of registrant satisfaction with the available courses
and recommendations with respect to the feasibility of legislation
mandating the completion of such courses.
S 3. This act shall take effect immediately.