Bill Text: NY S02695 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S02695 Detail]

Download: New_York-2011-S02695-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2695
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2011
                                      ___________
       Introduced  by  Sen. KRUEGER -- 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 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:
    1    Section 1. The executive law is amended by adding a new section 178 to
    2  read as follows:
    3    S  178. COURSE OF INSTRUCTION IN THE LAW AND THE ETHICS OF FUNDRAISING
    4  AND PHILANTHROPY. 1. ANY PROFESSIONAL FUNDRAISER,  PROFESSIONAL  SOLICI-
    5  TOR,  OR  FUNDRAISING COUNSEL, WHO IS AN INDIVIDUAL REQUIRED TO REGISTER
    6  PURSUANT TO SECTION ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE, WHO SHALL
    7  HAVE COMPLETED AN ACCEPTABLE COURSE OF INSTRUCTION IN THE LAW AND ETHICS
    8  OF FUNDRAISING AND PHILANTHROPY SHALL BE ENTITLED TO  A  CERTIFICATE  OF
    9  ETHICS COURSE COMPLETION BY THE ATTORNEY GENERAL. SUCH INDIVIDUALS SHALL
   10  VERIFY  ON  THEIR  REGISTRATION  OR  RE-REGISTRATION FORM THAT THEY HAVE
   11  COMPLETED SUCH COURSE AND SHALL PROVIDE DOCUMENTATION OF SUCH COMPLETION
   12  AT THE REQUEST OF THE ATTORNEY GENERAL.
   13    2. ANY PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, OR FUNDRAISING
   14  COUNSEL WHICH  IS  AN  ORGANIZATION,  GROUP,  ASSOCIATION,  PARTNERSHIP,
   15  CORPORATION, OR ANY COMBINATION THEREOF REQUIRED TO REGISTER PURSUANT TO
   16  SECTION  ONE HUNDRED SEVENTY-THREE OF THIS ARTICLE, SHALL BE ENTITLED TO
   17  A CERTIFICATE OF ETHICS COURSE COMPLETION BY THE ATTORNEY  GENERAL  WHEN
   18  SEVENTY-FIVE  PERCENT  OF  THE EMPLOYEES OF THE PROFESSIONAL FUNDRAISER,
   19  PROFESSIONAL SOLICITOR,  OR  FUNDRAISING  COUNSEL  RESPONSIBLE  FOR  THE
   20  HIRING,  TRAINING OR SUPERVISION OF EMPLOYEES ENGAGED IN THE FUNDRAISING
   21  ACTIVITIES OF THE CHARITABLE ORGANIZATION COMPLETE AN ACCEPTABLE  COURSE
   22  OF  INSTRUCTION  IN  THE LAW AND ETHICS OF FUNDRAISING AND PHILANTHROPY.
   23  SUCH PROFESSIONAL FUNDRAISER,  PROFESSIONAL  SOLICITOR,  OR  FUNDRAISING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00899-01-1
       S. 2695                             2
    1  COUNSEL  SHALL  VERIFY  ON ITS REGISTRATION OR RE-REGISTRATION FORM THAT
    2  SUCH VOLUNTEERS OR  EMPLOYEES  HAVE  COMPLETED  SUCH  COURSE  AND  SHALL
    3  PROVIDE  DOCUMENTATION OF SUCH COMPLETION AT THE REQUEST OF THE ATTORNEY
    4  GENERAL.
    5    3.  ANY CHARITABLE ORGANIZATION, INCLUDING ANY CHARITABLE ORGANIZATION
    6  REQUIRED TO BE REGISTERED PURSUANT TO  ARTICLE  EIGHT  OF  THE  ESTATES,
    7  POWERS  AND  TRUSTS  LAW,  REQUIRED  TO REGISTER PURSUANT TO SECTION ONE
    8  HUNDRED SEVENTY-TWO OF THIS ARTICLE, SHALL BE ENTITLED TO A  CERTIFICATE
    9  OF  ETHICS  COURSE  COMPLETION BY THE ATTORNEY GENERAL WHEN SEVENTY-FIVE
   10  PERCENT OF THE EMPLOYEES OF THE CHARITABLE ORGANIZATION RESPONSIBLE  FOR
   11  THE  HIRING,  TRAINING  OR  SUPERVISION  OF  EMPLOYEES  ENGAGED  IN  THE
   12  FUNDRAISING  ACTIVITIES  OF  THE  CHARITABLE  ORGANIZATION  COMPLETE  AN
   13  ACCEPTABLE  COURSE  OF  INSTRUCTION IN THE LAW AND ETHICS OF FUNDRAISING
   14  AND PHILANTHROPY. SUCH  CHARITABLE  ORGANIZATION  SHALL  VERIFY  ON  ITS
   15  REGISTRATION  OR  RE-REGISTRATION FORM THAT SUCH VOLUNTEERS OR EMPLOYEES
   16  HAVE COMPLETED SUCH COURSE  AND  SHALL  PROVIDE  DOCUMENTATION  OF  SUCH
   17  COMPLETION AT THE REQUEST OF THE ATTORNEY GENERAL.
   18    4.  THE  ATTORNEY  GENERAL  SHALL  ANNUALLY  PUBLISH  THE NAMES OF ANY
   19  PROFESSIONAL FUNDRAISER, PROFESSIONAL SOLICITOR, FUNDRAISING COUNSEL  OR
   20  CHARITABLE  ORGANIZATION  THAT  HAS BEEN GRANTED A CERTIFICATE OF ETHICS
   21  COURSE COMPLETION IN ANY REPORT PREPARED TO ASSIST THE PUBLIC IN  DETER-
   22  MINING WHICH CHARITABLE ORGANIZATIONS TO SUPPORT AND SHALL INDICATE THAT
   23  A CERTIFICATE OF ETHICS COURSE COMPLETION HAS BEEN GRANTED IN THE CHARI-
   24  TIES BUREAU REGISTRY MAINTAINED BY THE ATTORNEY GENERAL.
   25    5.  FOR  THE PURPOSE OF THIS SECTION, "ACCEPTABLE COURSE" SHALL MEAN A
   26  COURSE OF INSTRUCTION APPROVED BY THE ATTORNEY GENERAL, IN  CONSULTATION
   27  WITH  THE  EDUCATION  DEPARTMENT,  IN  RELATION TO THE LAW AND ETHICS OF
   28  FUNDRAISING AND PHILANTHROPY. UNIVERSITIES AND COLLEGES  STATEWIDE,  AND
   29  PROFESSIONAL  TRADE  ASSOCIATIONS  THAT ESTABLISH PROFESSIONAL STANDARDS
   30  AND PROVIDE TRAINING AND RESOURCES FOR INDIVIDUALS ENGAGING  IN  PROFES-
   31  SIONAL  FUNDRAISING,  MAY  OFFER  AN ACCEPTABLE COURSE THROUGH CLASSROOM
   32  TRAINING AND/OR BY DISTANCE LEARNING, AND SHALL PROVIDE DOCUMENTATION OF
   33  COMPLETION TO THOSE WHO COMPLETE  THE  COURSE.  ANY  PERSON  TAKING  THE
   34  COURSE  MAY ELECT TO DO SO BY EITHER METHOD OFFERED. COURSES PROVIDED BY
   35  DISTANCE LEARNING SHALL BE SUBJECT TO ALL REGULATIONS ESTABLISHED BY THE
   36  STATE EDUCATION DEPARTMENT FOR SUCH COURSES.
   37    S 2. The attorney general, in consultation with the education  depart-
   38  ment,  shall  issue a report to the governor, the temporary president of
   39  the senate and the speaker of the assembly on or before June 30, 2014 on
   40  the number and location of available approved  courses  of  instruction,
   41  the  total  number  of  registrants  that completed such courses and the
   42  total number of such registrants who are eligible to receive  a  certif-
   43  icate  of ethics course completion as provided for in section 178 of the
   44  executive law, as added by section one of this  act.  The  report  shall
   45  also  include  an  assessment of the adequacy of the availability of the
   46  courses statewide, of registrant satisfaction with the available courses
   47  and recommendations with  respect  to  the  feasibility  of  legislation
   48  mandating the completion of such courses.
   49    S 3. This act shall take effect immediately.