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.
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.
