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Bill

S 4329

Enacts the "New York State buy North American act"

2025 Regular Session Introduced by Toby Stavisky

Prohibits automatic recurring political donations unless donors opt in with clear consent and disclosures of frequency and amount. Violations apply as a fourth-degree crime.

PRINT NUMBER 4329A
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WeVote Research Nonpartisan
Bill Summary · S 4329

Summary — S.4329 (PRINT 4329A)

Note on source text
- The bill metadata you provided lists S.4329 with the title "New York State buy North American act," but the legislative text attached is for a measure titled the "Political Donation Transparency Act" (references P.L.1973, c.83; the Election Law Enforcement Commission; and the Senate and General Assembly). The summary below describes the actual text of the attached act (the Political Donation Transparency Act). Please verify the correct bill number, title, and jurisdiction if you need jurisdiction-specific guidance.

Purpose

To regulate the use of automatic (recurring) political contributions in solicitation materials and require explicit donor consent and clear disclosure when such recurring contributions are offered. The measure is titled the "Political Donation Transparency Act."

Key provisions

  • Covered entities: applies to candidates, political committees, continuing political committees, candidate committees, joint candidates committees, legislative leadership committees, independent expenditure committees, political party committees, and any person/entity acting on their behalf.
  • Prohibition with conditions: entities may not use automatic or recurring contributions in solicitations unless these standards are met:
    1. Contributions must not be automatic or recurring by default.
    2. Recurring contributions may be established only after the affirmative consent of the donor.
    3. A clear and conspicuous description of the nature, frequency, and amount of the recurring contribution must be provided adjacent to the option to make the contribution recurring.
  • Rulemaking: the Election Law Enforcement Commission (ELEC) is authorized to adopt rules under the Administrative Procedure Act to implement the statute.
  • Penalty: violation of the statutory provisions or ELEC rules is a crime of the fourth degree. (The bill’s statement specifies that a fourth-degree crime carries up to 18 months’ imprisonment, a fine up to $10,000, or both.)
  • Effective date: the act takes effect immediately upon enactment.

Who is affected

  • Political organizations and campaigns: will need to change solicitation, online donation forms, and payment-processing setup to ensure opt-ins, conspicuous disclosures, and non-default settings.
  • Donors: gain stronger protections against unwitting enrollment in recurring contributions and clearer disclosure of payment terms.
  • Payment processors and third-party fundraising platforms: may need to update UI/UX, default settings, and recordkeeping to document affirmative consent.
  • Enforcement agencies: ELEC (or the equivalent cited in the text) will have responsibility to issue implementing regulations and enforce compliance.

Procedural status (as provided)

  • Introduced: May 12, 2025.
  • Print number: 4329A (as of 2025-06-03).
  • Referred and recommitted to committees: Senate State Government, Wagering, Tourism & Historic Preservation Committee; Procurement and Contracts (multiple recommittals and amendments noted).
  • Sponsor (listed): Toby Ann Stavisky.
  • Related/companion bills: A5559; A5425.

Potential impacts and considerations

  • Administrative/compliance costs: campaigns and vendors will likely need to change online forms and retention practices to document affirmative consent.
  • Donor protection: reduces risk of inadvertent recurring charges and increases transparency about frequency and amount.
  • Enforcement severity: making violations a fourth-degree crime raises the stakes for noncompliance; some jurisdictions instead use civil penalties—campaigns should seek legal/regulatory guidance.
  • Jurisdictional note: the text refers to state statutes and an election commission — confirm whether the bill is intended for New Jersey, New York, or another state before relying on jurisdiction-specific compliance steps.

Compiled from official sources — confirm details with the bill’s official record.

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