Assembly Bill A8182A

2021-2022 Legislative Session

Relates to recurring contributions solicited by a candidate, political campaign, political committee, party committee, or not-for-profit or for-profit entity

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Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A8182 - Details

See Senate Version of this Bill:
S9431
Law Section:
Election Law
Laws Affected:
Add §14-114-a, El L
Versions Introduced in 2023-2024 Legislative Session:
A1165, S433

2021-A8182 - Summary

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.

2021-A8182 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8182
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to recurring contributions
   solicited  by a person, political campaign, political committee, party
   committee, constituted committee or other entity

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  election  law  is  amended  by  adding a new section
 14-114-a to read as follows:
   §  14-114-A.  RECURRING  CONTRIBUTIONS.  1.  ANY   PERSON,   POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, PARTY COMMITTEE, CONSTITUTED COMMITTEE OR
 OTHER   ENTITY  SOLICITING  A  RECURRING  CONTRIBUTION  TO  A  POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, PARTY COMMITTEE, CONSTITUTED COMMITTEE OR
 OTHER ENTITY, MUST RECEIVE THE AFFIRMATIVE CONSENT OF THE CONTRIBUTOR AT
 THE TIME OF ARRANGEMENT OF THE RECURRING CONTRIBUTION.
   2. NO SOLICITATION OF A CONTRIBUTION,  WHETHER  ELECTRONICALLY  OR  BY
 PAPER, MAY HAVE AS ITS DEFAULT, A RECURRING CONTRIBUTION.
   3. ALL SOLICITATIONS FOR CONTRIBUTIONS AS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION MUST STATE THAT THE CONTRIBUTION MAY BE CANCELLED BY THE
 CONTRIBUTOR  AT  ANY TIME AND THE CONTRIBUTOR WILL RECEIVE A FULL REFUND
 OF THE RECURRING CONTRIBUTIONS MADE WHICH REFUND SHALL BE EQUAL  TO  ALL
 CONTRIBUTIONS MADE LESS THE INITIAL INSTALLMENT OF THE CONTRIBUTION.
   4. AN ENTITY AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION ACCEPTING
 A RECURRING CONTRIBUTION SHALL:
   A.  PROVIDE THE CONTRIBUTOR WITH A RECEIPT FOR AN INITIAL CONTRIBUTION
 AND EACH RECURRENCE THAT CLEARLY AND CONSPICUOUSLY DISCLOSES ALL MATERI-
 AL TERMS OF THE CONTRIBUTION MADE AND RECURRING COMMITMENT MADE;
   B. PROVIDE THE CONTRIBUTOR  WITH  ALL  INFORMATION  NEEDED  TO  CANCEL
 RECURRING  CONTRIBUTIONS IN EACH COMMUNICATION WITH THE CONTRIBUTOR WITH
 RESPECT TO THE RECURRING CONTRIBUTION AND  ANY  SOLICITATION  FOR  ADDI-
 TIONAL CONTRIBUTIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2021-A8182A (ACTIVE) - Details

See Senate Version of this Bill:
S9431
Law Section:
Election Law
Laws Affected:
Add §14-114-a, El L
Versions Introduced in 2023-2024 Legislative Session:
A1165, S433

2021-A8182A (ACTIVE) - Summary

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.

2021-A8182A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by M. of A. JACOBSON, GLICK, WALLACE, ZEBROWSKI, MAGNARELLI,
   MONTESANO, ENGLEBRIGHT, SIMON, GOTTFRIED, O'DONNELL -- Multi-Sponsored
   by -- M. of A. SALKA -- read once and referred  to  the  Committee  on
   Election  Law  --  recommitted  to  the  Committee  on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section 1. The election  law  is  amended  by  adding  a  new  section
 14-114-a to read as follows:
   §  14-114-A.  RECURRING  CONTRIBUTIONS.  1.  ANY  CANDIDATE, POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, PARTY COMMITTEE,  NOT-FOR-PROFIT  ENTITY,
 OR  FOR-PROFIT ENTITY SOLICITING A RECURRING CONTRIBUTION TO A POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, OR  PARTY  COMMITTEE  SHALL  RECEIVE  THE
 AFFIRMATIVE  CONSENT OF THE CONTRIBUTOR TO MAKE A RECURRING CONTRIBUTION
 AT THE TIME OF THE INITIAL CONTRIBUTION.
   2. NO SOLICITATION OF A CONTRIBUTION,  WHETHER  ELECTRONICALLY  OR  BY
 PAPER, SHALL PROVIDE FOR RECURRING CONTRIBUTIONS AS THE DEFAULT CONTRIB-
 UTION.  PASSIVE  ACTION BY THE CONTRIBUTOR, SUCH AS FAILING TO UNCHECK A
 PRE-CHECKED BOX AUTHORIZING A RECURRING CONTRIBUTION, SHALL NOT MEET THE
 REQUIREMENTS OF AFFIRMATIVE CONSENT UNDER THIS SECTION.
   3. ALL SOLICITATIONS FOR CONTRIBUTIONS AS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION SHALL STATE THAT SUCH CONTRIBUTION MAY BE  CANCELLED  BY
 THE CONTRIBUTOR AT ANY TIME.
   4.  ANY  CANDIDATE,  POLITICAL  CAMPAIGN,  POLITICAL  COMMITTEE, PARTY
 COMMITTEE, NOT-FOR-PROFIT  ENTITY,  OR  FOR-PROFIT  ENTITY  ACCEPTING  A
 RECURRING CONTRIBUTION SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11875-03-2

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