STATE OF NEW YORK ________________________________________________________________________ 6495--A 2023-2024 Regular Sessions IN SENATE April 24, 2023 ___________ Introduced by Sens. RAMOS, COMRIE, CHU, LIU, PALUMBO, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive law, in relation to requiring state agen- cies to publish certain information in local, community and ethnic media The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "local, 2 community and ethnic media commitment act". 3 § 2. Legislative findings and intent. The legislature hereby finds and 4 declares New York is one of the most diverse states in America and 5 local, community and ethnic media provides an important way for the 6 state to connect and ensure that its message reaches all New Yorkers; 7 and 8 The legislature hereby finds and declares that according to the U.S. 9 Census population estimates for 2022, approximately 23 percent of New 10 York state residents and 37 percent of New York city residents are 11 foreign-born and according to the 2019 U.S. Census population estimates 12 approximately 30 percent of New York state residents do not speak 13 English as their primary language and 13 percent of New York state resi- 14 dents have a limited ability to read, speak, write, or understand 15 English; and 16 The legislature hereby finds and declares that the state of New York 17 wants to ensure that critical information about state services, poli- 18 cies, and opportunities reach these communities and local, community and 19 ethnic media is a pathway to allow members of these communities, many of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10324-03-4
S. 6495--A 2 1 whom critically need information about New York state programs, to 2 access it; and 3 Therefore, the legislature hereby finds and declares it is essential 4 that all residents have meaningful access to state programs, services, 5 and activities, and the public safety, health, economic prosperity, and 6 general welfare of all New York state residents is furthered by increas- 7 ing access to New York state programs and services, regardless of native 8 language, race, color, gender, national origin, ethnicity, religion, 9 sexual orientation, disability or immigrant status. 10 § 3. The executive law is amended by adding a new section 164-e to 11 read as follows: 12 § 164-e. Bolstering our responsibility to local, community and ethnic 13 media. 1. Definitions. For the purposes of this section, the following 14 terms shall have the following meanings: 15 (a) "local, community and ethnic media" shall mean any print or 16 digital publication that: creates community specific content for a 17 geographically contiguous area no greater than one fifth of the state, 18 or is created for communities of people based on native language, race, 19 color, gender, national origin, ethnicity, religion, sexual orientation, 20 disability or immigrant status; or falls within specifically tailored 21 subject matter as determined by the department of state. 22 (b) "state agency" or "agency" shall mean any department, division, 23 commission, agency and any other entity of the state. 24 2. Local, community and ethnic media advertising. Every state agency 25 shall ensure that, by December thirty-first, two thousand twenty-six, 26 and for every year thereafter, at least fifty percent of their annual 27 print and digital publication advertising spending shall go toward 28 local, community and ethnic media outlets. The office of general 29 services shall take all steps necessary, consistent with applicable law, 30 to implement the provisions of this section, particularly with respect 31 to the state education department, the department of health, and state 32 housing authorities. 33 3. Approved media outlet list. The office of general services shall 34 develop and maintain a list of local, community and ethnic media outlets 35 that promote and exemplify the state's many interconnected communities, 36 as described in subdivision one of this section, for state agencies, 37 including, but not limited to, the state education department, the 38 department of health, and state housing authorities, to use at their 39 discretion. State agencies may petition the office of general services 40 to include advertisements such agencies have published in outlets that 41 are not on the approved list toward their local, community and ethnic 42 media outlet spending. 43 4. Development and transparency. State agency employees or represen- 44 tatives that work on purchasing print or digital publication advertising 45 shall be required to participate in regular trainings established by the 46 office of general services on the use of local, community and ethnic 47 media advertising. Beginning in two thousand twenty-five, and every year 48 thereafter, state agencies shall submit a year-end data report to the 49 governor, the temporary president of the senate and the speaker of the 50 assembly regarding the agency's annual print and digital publication 51 advertising spending. The report shall include, but not be limited to, 52 the total amount each agency spent on print and digital publication 53 advertising and the total amount each agency spent on local, community 54 and ethnic media advertising. Data regarding each agency's annual print 55 and digital publication advertising shall be made available to the
S. 6495--A 3 1 office of general services at the beginning of each year and shall be 2 posted on the office of general services' website. 3 5. Exemption for legally required notices. To the extent that this 4 section conflicts with a state agency's requirements to comply with 5 legal and statutory notices that require posting or distribution in 6 publications or media pursuant to local, state, or other applicable law, 7 such notices shall be exempt from the requirements in this section. For 8 purposes of this exemption, agencies may subtract the publication costs 9 of such legally required notices from their total advertising budgets 10 before calculating their required local, community and ethnic media 11 advertising spending pursuant to subdivision two of this section. 12 § 4. This act shall take effect immediately.