S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4996
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  JAFFEE,  D'URSO,  MONTESANO, FRIEND,
   SEAWRIGHT -- read once and referred to the Committee  on  Governmental
   Operations
 
 AN  ACT  to  amend  the  executive law, in relation to requiring certain
   employees of charitable organizations to complete a course of instruc-
   tion 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.  Section 171-a of the executive law is amended by adding a
 new subdivision 13 to read as follows:
   13. "ACCEPTABLE COURSE." ANY CLASSROOM TRAINING OR  DISTANCE  LEARNING
 COURSE  OF  INSTRUCTION APPROVED BY THE ATTORNEY GENERAL, IN RELATION TO
 THE LAW AND ETHICS OF FUNDRAISING AND  PHILANTHROPY  IN  A  MANNER  THAT
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, PROHIBITED ACTIVITIES PURSUANT TO
 SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE, SUCH  AS  FALSE  STATE-
 MENTS,  FRAUDULENT  OR  ILLEGAL ACTS, FALSE ADVERTISING, FALSE SOLICITA-
 TION, AND ILLEGAL CONTRACTING. 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 AND SHALL PROVIDE
 DOCUMENTATION OF COMPLETION TO THOSE WHO COMPLETE THE COURSE.
   § 2. Section 172 of the executive law  is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  ANY  CHARITABLE ORGANIZATION, INCLUDING ANY CHARITABLE ORGANIZA-
 TION REQUIRED TO BE REGISTERED PURSUANT TO ARTICLE EIGHT OF THE ESTATES,
 POWERS AND TRUSTS LAW, REQUIRED TO REGISTER PURSUANT  TO  THIS  SECTION,
 AND  SEVENTY-FIVE  PERCENT  OF  WHOSE  EMPLOYEES ARE RESPONSIBLE FOR THE
 HIRING, TRAINING, OR SUPERVISION OF EMPLOYEES ENGAGED IN THE FUNDRAISING
 ACTIVITIES OF THE ORGANIZATION, GROUP ASSOCIATION, PARTNERSHIP OR CORPO-
 RATION, SHALL REQUIRE ANY  INDIVIDUAL  OR  INDIVIDUALS  UNDER  WHICH  IT
 INTENDS  TO SOLICIT CONTRIBUTIONS NAMED IN ACCORDANCE WITH PARAGRAPH (A)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06124-01-9

 A. 4996                             2
 
 OF SUBDIVISION ONE OF THIS SECTION TO COMPLETE AN ACCEPTABLE  COURSE  OF
 INSTRUCTION  IN THE LAW AND ETHICS OF FUNDRAISING APPROVED BY THE ATTOR-
 NEY GENERAL WITHIN TWELVE MONTHS OF COMPLETING SUCH REGISTRATION AND  AT
 LEAST  ONCE  IN  ANY  FIVE-YEAR  PERIOD OF REGISTRATION THEREAFTER. SUCH
 INDIVIDUALS SHALL  PROVIDE  DOCUMENTATION  OF  SUCH  COMPLETION  AT  THE
 REQUEST  OF  THE  ATTORNEY  GENERAL.  THE ATTORNEY GENERAL SHALL MONITOR
 COMPLIANCE WITH SUCH MANDATED  TRAINING  AND  REPORTING  ON  AN  ONGOING
 BASIS.
   §  3.  Section  173  of  the  executive law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. ANY PROFESSIONAL FUNDRAISER OR FUNDRAISING  COUNSEL  REQUIRED  TO
 REGISTER  PURSUANT  TO  THIS  SECTION, INCLUDING AN ORGANIZATION, GROUP,
 ASSOCIATION,  PARTNERSHIP,  CORPORATION,  OR  ANY  COMBINATION   THEREOF
 REQUIRED  TO REGISTER PURSUANT TO THIS SECTION, AND SEVENTY-FIVE PERCENT
 OF WHOSE EMPLOYEES ARE RESPONSIBLE FOR THE HIRING, TRAINING,  OR  SUPER-
 VISION  OF EMPLOYEES ENGAGED IN THE FUNDRAISING ACTIVITIES OF THE ORGAN-
 IZATION, GROUP ASSOCIATION, PARTNERSHIP OR  CORPORATION,  SHALL  REQUIRE
 ANY INDIVIDUAL OR INDIVIDUALS UNDER WHICH IT INTENDS TO SOLICIT CONTRIB-
 UTIONS  TO  COMPLETE  AN ACCEPTABLE COURSE OF INSTRUCTION IN THE LAW AND
 ETHICS OF FUNDRAISING APPROVED BY THE  ATTORNEY  GENERAL  WITHIN  TWELVE
 MONTHS  OF  COMPLETING  SUCH REGISTRATION AND AT LEAST ONCE IN ANY FIVE-
 YEAR PERIOD OF REGISTRATION THEREAFTER.  SUCH  INDIVIDUALS  OR  ENTITIES
 SHALL VERIFY ON THEIR RE-REGISTRATION FORM THAT THEY HAVE COMPLETED SUCH
 COURSE AND SHALL PROVIDE DOCUMENTATION OF SUCH COMPLETION AT THE REQUEST
 OF  THE  ATTORNEY GENERAL. THE ATTORNEY GENERAL SHALL MONITOR COMPLIANCE
 WITH SUCH MANDATED TRAINING AND REPORTING ON AN ONGOING BASIS.
   § 4. Section 173-b of the executive law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A. ANY PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, OR FUNDRAIS-
 ING  COUNSEL  WHICH IS AN ORGANIZATION, GROUP, ASSOCIATION, PARTNERSHIP,
 CORPORATION, OR ANY COMBINATION THEREOF REQUIRED TO REGISTER PURSUANT TO
 THIS SECTION, AND SEVENTY-FIVE PERCENT OF WHOSE EMPLOYEES ARE  RESPONSI-
 BLE FOR THE HIRING, TRAINING, OR SUPERVISION OF EMPLOYEES ENGAGED IN THE
 FUNDRAISING  ACTIVITIES OF THE ORGANIZATION, GROUP ASSOCIATION, PARTNER-
 SHIP OR CORPORATION, SHALL REQUIRE ANY INDIVIDUAL OR  INDIVIDUALS  UNDER
 WHICH  IT  INTENDS  TO  SOLICIT  CONTRIBUTIONS TO COMPLETE AN ACCEPTABLE
 COURSE OF INSTRUCTION IN THE LAW AND ETHICS OF FUNDRAISING  APPROVED  BY
 THE  ATTORNEY  GENERAL WITHIN TWELVE MONTHS OF COMPLETING SUCH REGISTRA-
 TION AND AT LEAST ONCE IN ANY FIVE-YEAR PERIOD OF REGISTRATION THEREAFT-
 ER. THE ATTORNEY GENERAL SHALL MONITOR  COMPLIANCE  WITH  SUCH  MANDATED
 TRAINING AND REPORTING ON AN ONGOING BASIS.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.