senate Bill S2156

Amended

Provides for the waiver of annual fees for professional fundraisers who complete a course of instruction in the law of ethics in fundraising

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 06 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 06 / Jun / 2014
    • PRINT NUMBER 2156A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1469
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Provides for the waiver of annual fees for professional fundraisers who complete a course of instruction in the law of ethics in fundraising.

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Bill Details

See Assembly Version of this Bill:
A4463
Versions:
S2156
S2156A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง178, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S7624, A10615

Sponsor Memo

BILL NUMBER:S2156

TITLE OF BILL: An act to amend the executive law, in relation to
providing for the issuance of a certificate of ethics course completion
to professional fundraisers and charitable organizations who complete a
course of instruction in the law and ethics of fundraising

PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the issuance by
the Attorney General of a certificate of ethics course completion to
professional fundraisers who complete a course of instruction in the law
and ethics of fundraising.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the Executive Law to
add a new section 178, which provides for the issuance by the Attorney
General of a certificate of ethics course completion to professional
fundraisers, professional solicitors, fundraising counsel, and charita-
ble organizations required to register with the Charities Bureau of the
Attorney General's Office, who complete a course of instruction in the
law and ethics of fundraising. It also provides that the Attorney Gener-
al shall annually publish the names of the individuals and organizations
which have been granted the certificate and that the charities bureau
registry maintained by the attorney general shall indicate that a
certificate has been granted.

This bill defines "acceptable course" as 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 philan-
thropy. Universities and colleges statewide, and professional trade
associations would be permitted to offer the course through classroom
training and/or by distance learning.

JUSTIFICATION: There are approximately 1.8 million non-profits in
existence today raising between $225-$255 billion per year. Many of
these organizations employ in-house fundraisers who do not have formal
education in fundraising. Many ethical problems exposed in Corporate
America are now spilling over into the non-profit sector. Recent scan-
dals, in particular the Bernard Medoff catastrophe, point out that there
is need for transparency and maximum accountability. In order to encour-
age education in professional responsibility in the field of philanthro-
py, this legislation provides an incentive in the form of a certificate
of ethics course completion from the Attorney General. The course will
raise the consciousness of fundraisers making them sensitive to the
ethical issues they are faced with on a daily basis. In addition,
fundraisers would be apprised of the many new state and federal laws
pertaining to non-profits.

PRIOR LEGISLATIVE HISTORY: Similar legislation was introduced in 2011
A.1441/S.2695.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2156

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  VALESKY,  RANZENHOFER  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  providing  for  the
  issuance  of a certificate of ethics course completion to professional
  fundraisers and charitable organizations  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, SEVENTY-FIVE  PERCENT
OF  WHOSE  EMPLOYEES RESPONSIBLE FOR THE HIRING, TRAINING OR SUPERVISION
OF EMPLOYEES ENGAGED IN THE FUNDRAISING ACTIVITIES OF THE  ORGANIZATION,
GROUP,  ASSOCIATION,  PARTNERSHIP  OR CORPORATION COMPLETE AN ACCEPTABLE
COURSE OF INSTRUCTION IN THE LAW AND ETHICS OF FUNDRAISING  AND  PHILAN-
THROPY,  SHALL  BE ENTITLED TO A CERTIFICATE OF ETHICS COURSE COMPLETION
BY THE ATTORNEY GENERAL.   SUCH  PROFESSIONAL  FUNDRAISER,  PROFESSIONAL
SOLICITOR,  OR  FUNDRAISING  COUNSEL SHALL VERIFY ON ITS REGISTRATION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04817-01-3

S. 2156                             2

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,  SEVENTY-FIVE  PERCENT  OF  WHOSE
EMPLOYEES RESPONSIBLE FOR THE HIRING, TRAINING OR SUPERVISION OF EMPLOY-
EES ENGAGED IN THE FUNDRAISING ACTIVITIES OF THE CHARITABLE ORGANIZATION
COMPLETE  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 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 THE CHARITIES
BUREAU REGISTRY MAINTAINED BY THE ATTORNEY GENERAL SHALL INDICATE THAT A
CERTIFICATE OF ETHICS COURSE COMPLETION HAS BEEN GRANTED.
  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. This act shall take effect immediately.

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