Bill Text: NY A01165 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that entities soliciting a recurring contribution to a political campaign, political committee, party committee, or not-for-profit or for-profit entity shall receive the affirmative consent of the contributor at the time of arrangement of the recurring contribution; provides for refund of recurring contributions; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to election law [A01165 Detail]

Download: New_York-2023-A01165-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1165

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. JACOBSON, GLICK, WALLACE, ZEBROWSKI, MAGNARELLI,
          SIMON -- read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to recurring contributions
          solicited by a candidate,  political  campaign,  political  committee,
          party committee, or not-for-profit or for-profit entity

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The election  law  is  amended  by  adding  a  new  section
     2  14-114-a to read as follows:
     3    §  14-114-a.  Recurring  contributions.  1.  Any  candidate, political
     4  campaign, political committee, party committee,  not-for-profit  entity,
     5  or  for-profit entity soliciting a recurring contribution to a political
     6  campaign, political committee, or  party  committee  shall  receive  the
     7  affirmative  consent of the contributor to make a recurring contribution
     8  at the time of the initial contribution.
     9    2. No solicitation of a contribution,  whether  electronically  or  by
    10  paper, shall provide for recurring contributions as the default contrib-
    11  ution.  Passive  action by the contributor, such as failing to uncheck a
    12  pre-checked box authorizing a recurring contribution, shall not meet the
    13  requirements of affirmative consent under this section.
    14    3. All solicitations for contributions as described in subdivision one
    15  of this section shall state that such contribution may be  cancelled  by
    16  the contributor at any time.
    17    4.  Any  candidate,  political  campaign,  political  committee, party
    18  committee, not-for-profit  entity,  or  for-profit  entity  accepting  a
    19  recurring contribution shall:
    20    a. provide the contributor with a receipt for the initial contribution
    21  and each recurring contribution that clearly and conspicuously discloses
    22  all  material  terms of the contribution within twenty-four hours of the
    23  initial contribution and each recurring contribution;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02180-01-3
        A. 1165                             2

     1    b. provide the contributor  with  all  information  needed  to  cancel
     2  recurring  contributions in each communication with the contributor with
     3  respect to the recurring contribution and  any  solicitation  for  addi-
     4  tional contributions; and
     5    c.  immediately  cancel  recurring  contributions  upon request of the
     6  contributor.
     7    5. Any entity that violates  the  provisions  of  this  section  shall
     8  return  the  entire  amount  of  contributions  made,  less  the initial
     9  installment of the contribution, and pay a  civil  fine  equal  to  five
    10  times  the  amount  of  the  contribution to be refunded or one thousand
    11  dollars, whichever is greater.
    12    § 2. This act shall take effect immediately.