Assembly Bill A8189

2021-2022 Legislative Session

Prohibits recurring campaign donations without affirmative consent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2021-A8189 (ACTIVE) - Details

See Senate Version of this Bill:
S8696
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §14-115, El L
Versions Introduced in 2023-2024 Legislative Session:
A2107, S3532

2021-A8189 (ACTIVE) - Summary

Prohibits recurring campaign donations without affirmative consent; provides that a candidate accepting a recurring contribution shall provide a receipt to the contributor disclosing the terms of the recurring contribution, provide all necessary information to cancel the recurring donation, and immediately cancel the recurring donation upon request.

2021-A8189 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8189
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to amend the election law, in relation to prohibiting recurring
   campaign donations without affirmative consent
 
   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 14-115
 to read as follows:
   § 14-115. RECURRING CONTRIBUTIONS. 1. A CANDIDATE, COMMITTEE, NOT-FOR-
 PROFIT ENTITY OR FOR-PROFIT ENTITY SHALL NOT SOLICIT OR ACCEPT A  RECUR-
 RING  CONTRIBUTION  FROM  A PERSON UNLESS THE CANDIDATE, COMMITTEE, NOT-
 FOR-PROFIT ENTITY OR FOR-PROFIT ENTITY RECEIVES THE AFFIRMATIVE  CONSENT
 OF  THE  PERSON  TO  MAKE  A  RECURRING  CONTRIBUTION AT THE TIME OF THE
 INITIAL CONTRIBUTION.  PASSIVE ACTION BY THE CONTRIBUTOR, SUCH AS  FAIL-
 ING  TO  UNCHECK A PRE-CHECKED BOX AUTHORIZING A RECURRING CONTRIBUTION,
 SHALL NOT  MEET  THE  REQUIREMENT  OF  AFFIRMATIVE  CONSENT  UNDER  THIS
 SECTION.
   2.  A CANDIDATE, COMMITTEE, NOT-FOR-PROFIT ENTITY OR FOR-PROFIT ENTITY
 THAT ACCEPTS A RECURRING CONTRIBUTION DESCRIBED IN SUBDIVISION ONE SHALL
 DO ALL OF THE FOLLOWING:
   A. PROVIDE A RECEIPT TO THE CONTRIBUTOR THAT CLEARLY AND CONSPICUOUSLY
 DISCLOSES ALL TERMS OF THE RECURRING CONTRIBUTION WITHIN THREE  DAYS  OF
 RECEIPT OF THE INITIAL CONTRIBUTION OR EACH RECURRING CONTRIBUTION;
   B.  PROVIDE ALL NECESSARY INFORMATION TO CANCEL THE RECURRING CONTRIB-
 UTION IN EACH COMMUNICATION  WITH  THE  CONTRIBUTOR  THAT  CONCERNS  THE
 CONTRIBUTION; AND
   C.  IMMEDIATELY  CANCEL  A  RECURRING CONTRIBUTION UPON REQUEST OF THE
 CONTRIBUTOR.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11900-03-1

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