Bill Text: NY A01393 | 2017-2018 | General Assembly | Introduced

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Bill Title: Imposes limitations on political contributions made by text message.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2018-01-03 - referred to election law [A01393 Detail]

Download: New_York-2017-A01393-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1393
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI,  CUSICK, SIMOTAS, WEPRIN, JAFFEE,
          ROSENTHAL, JOHNS, STIRPE, MAYER -- Multi-Sponsored  by  --  M.  of  A.
          ABINANTI,  GOTTFRIED,  LUPARDO,  SALADINO -- read once and referred to
          the Committee on Election Law
        AN ACT to amend the election law, in relation to imposing limitations on
          political contributions made by text message
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  1-104  of  the election law is amended by adding
     2  three new subdivisions 38, 39 and 40 to read as follows:
     3    38. The  term  "mobile  telephone"  shall  mean  the  device  used  by
     4  subscribers and other users of wireless telephone service to access such
     5  service.
     6    39.  The term "text message" means an electronic communication via the
     7  short message service (SMS) that may only be sent and received through a
     8  mobile telephone.
     9    40. The term "connection aggregator" means a third party  intermediary
    10  between  the wireless provider and the political committee that receives
    11  and processes text messages by Common Short Codes (CSCs).
    12    § 2. The election law is amended by adding a  new  section  14-134  to
    13  read as follows:
    14    §  14-134.  Political contributions through text message. 1. The state
    15  board shall develop rules and regulations regarding  political  contrib-
    16  utions  made to campaigns through text message by December thirty-first,
    17  two thousand seventeen.   The  rules  regarding  contributions  received
    18  through  text  message  must include provisions that after a contributor
    19  has sent in a contribution through text message, the connection aggrega-
    20  tor is required to send an opt-in disclosure notice to  the  contributor
    21  that must be affirmatively responded to by the contributor with the text
    22  "yes" to complete the transaction. The opt-in disclosure notice must ask
    23  the contributor to affirmatively agree with the following statements:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04298-01-7
        A. 1393                             2
     1    a.  I am a United States citizen or lawfully permanent resident of the
     2  United States;
     3    b.  This  contribution is made from myself as an individual and is not
     4  made from funds from a corporation, labor organization, bank,  political
     5  action  committee  or  an individual registered as a federal or New York
     6  state lobbyist.
     7    2. The provisions of this section shall only apply to contributions to
     8  candidates, authorized  political  committees,  constituted  committees,
     9  party  committees, all party and constituted housekeeping committees and
    10  political action committees that are sent from a  mobile  telephone  via
    11  text  message.  All contributions received through text message shall be
    12  exempt from record keeping and disclosure filing  requirements  pursuant
    13  to section 14-104 of this article.
    14    3.  A  political  committee  may  enter  into  an  agreement  with the
    15  connection aggregator on terms that are  consistent  with  the  ordinary
    16  course of business.
    17    4.  A  political committee must receive all text message contributions
    18  through a single common short code (CSC) per campaign cycle.
    19    § 3. Section 14-114 of the election law is amended  by  adding  a  new
    20  subdivision 11 to read as follows:
    21    11.  Notwithstanding any other provision of this article, any contrib-
    22  ution that is made by mobile telephone via text message shall not exceed
    23  ten dollars.  An individual may not make more  than  nine  contributions
    24  through text message to a given political committee in a campaign cycle.
    25    § 4. This act shall take effect immediately.