senate Bill S5883

2009-2010 Legislative Session

Provides 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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2010 reported and committed to rules
Jan 06, 2010 referred to finance
Jun 15, 2009 referred to rules

Votes

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Jun 15, 2010 - Finance committee Vote

S5883
30
0
committee
30
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S5883 - Bill Details

See Assembly Version of this Bill:
A8908
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง178, Exec L

S5883 - Bill Texts

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Provides for the issuance of a certificate of ethics course completion by the attorney general to professional fundraisers who complete a course of instruction in the law and ethics of fundraising.

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BILL NUMBER: S5883

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 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 charitable 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 General 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
philanthropy. Universities and colleges statewide, and professional
trade associations would be permitted to offer the course through
classroom training and/or by distance learning.

Section 2 of the bill provides that the attorney general, in
consultation with the education department, shall issue a report to
the governor and the Legislature 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 certificate
of ethics course completion. 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.

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
scandals, in particular the Bernard Madoff catastrophe, point out that
there is need for transparency and maximum accountability. In order to
encourage education in professional responsibility in the field of
philanthropy, 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 :
New bill.
FISCAL IMPLICATIONS :
Minimal.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    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
                               ___________

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.

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