Senate Bill S7624

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

                                  7624

                            I N  S E N A T E

                              June 7, 2012
                               ___________

Introduced  by  Sen. VALESKY -- 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
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.

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

                                                           LBD16122-01-2

S. 7624                             2

  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.