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A01042 Summary:

BILL NOA01042
 
SAME ASSAME AS S02129
 
SPONSORShrestha (MS)
 
COSPNSRReyes, Raga, Gonzalez-Rojas, De Los Santos, Rozic, Kim, Forrest, Cruz, Braunstein, Lee, Ramos, Mamdani, Mitaynes, Cunningham, Epstein
 
MLTSPNSRSimon
 
Add §164-e, Exec L
 
Enacts the "local, community and ethnic media commitment act"; requires state agencies to publish certain information in local, community and ethnic media; defines local, community and ethnic media; requires the office of general services to develop and maintain a list of local, community and ethnic media outlets.
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A01042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1042
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2025
                                       ___________
 
        Introduced   by   M.   of  A.  SHRESTHA,  REYES,  RAGA,  GONZALEZ-ROJAS,
          DE LOS SANTOS, ROZIC, KIM,  FORREST,  CRUZ,  BRAUNSTEIN,  LEE,  RAMOS,
          MAMDANI,  MITAYNES, CUNNINGHAM -- Multi-Sponsored by -- M. of A. SIMON
          -- read once and referred to the Committee on Governmental Operations
 
        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.  Short title.  This act shall be known and may be cited as
     2  the "local, 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
    20  whom  critically  need  information  about  New  York state programs, to
    21  access it; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00504-01-5

        A. 1042                             2
 
     1    Therefore, the legislature hereby finds and declares it  is  essential
     2  that  all  residents have meaningful access to state programs, services,
     3  and activities, and the public safety, health, economic prosperity,  and
     4  general welfare of all New York state residents is furthered by increas-
     5  ing access to New York state programs and services, regardless of native
     6  language,  race,  color,  gender,  national origin, ethnicity, religion,
     7  sexual orientation, disability or immigrant status.
     8    § 3. The executive law is amended by adding a  new  section  164-e  to
     9  read as follows:
    10    §  164-e. Bolstering our responsibility to local, community and ethnic
    11  media. 1. Definitions. For the purposes of this section,  the  following
    12  terms shall have the following meanings:
    13    (a)  "local,  community  and  ethnic  media"  shall  mean any print or
    14  digital publication that:  creates  community  specific  content  for  a
    15  geographically  contiguous  area no greater than one fifth of the state,
    16  or is created for communities of people based on native language,  race,
    17  color, gender, national origin, ethnicity, religion, sexual orientation,
    18  disability  or  immigrant  status; or falls within specifically tailored
    19  subject matter as determined by the department of state.
    20    (b) "state agency" or "agency" shall mean  any  department,  division,
    21  commission, agency and any other entity of the state.
    22    2.  Local,  community and ethnic media advertising. Every state agency
    23  shall ensure that, by December thirty-first, two thousand  twenty-seven,
    24  and  for  every  year thereafter, at least fifty percent of their annual
    25  print and digital  publication  advertising  spending  shall  go  toward
    26  local,  community  and  ethnic  media  outlets.  The  office  of general
    27  services shall take all steps necessary, consistent with applicable law,
    28  to implement the provisions of this section, particularly  with  respect
    29  to  the  state education department, the department of health, and state
    30  housing authorities.
    31    3. Approved media outlet list. The office of  general  services  shall
    32  develop and maintain a list of local, community and ethnic media outlets
    33  that  promote and exemplify the state's many interconnected communities,
    34  as described in subdivision one of this  section,  for  state  agencies,
    35  including,  but not limited to, the education department, the department
    36  of health, and state housing authorities, to use  at  their  discretion.
    37  State  agencies  may  petition the office of general services to include
    38  advertisements such agencies have published in outlets that are  not  on
    39  the  approved list toward their local, community and ethnic media outlet
    40  spending.
    41    4. Development and transparency. State agency employees  or  represen-
    42  tatives that work on purchasing print or digital publication advertising
    43  shall be required to participate in regular trainings established by the
    44  office  of  general  services  on the use of local, community and ethnic
    45  media advertising. Beginning in two thousand twenty-six, and every  year
    46  thereafter,  state  agencies  shall submit a year-end data report to the
    47  governor, the temporary president of the senate and the speaker  of  the
    48  assembly  regarding  the  agency's  annual print and digital publication
    49  advertising spending. The report shall include, but not be  limited  to,
    50  the  total  amount  each  agency  spent on print and digital publication
    51  advertising and the total amount each agency spent on  local,  community
    52  and  ethnic media advertising. Data regarding each agency's annual print
    53  and digital publication advertising  shall  be  made  available  to  the
    54  office  of  general  services at the beginning of each year and shall be
    55  posted on the office of general services' website.

        A. 1042                             3
 
     1    5. Exemption for legally required notices. To  the  extent  that  this
     2  section  conflicts  with  a  state  agency's requirements to comply with
     3  legal and statutory notices that  require  posting  or  distribution  in
     4  publications or media pursuant to local, state, or other applicable law,
     5  such  notices shall be exempt from the requirements in this section. For
     6  purposes of this exemption, agencies may subtract the publication  costs
     7  of  such  legally  required notices from their total advertising budgets
     8  before calculating their required  local,  community  and  ethnic  media
     9  advertising spending pursuant to subdivision two of this section.
    10    § 4.  This act shall take effect immediately.
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