Bill Text: NY A06879 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced) 2024-01-29 - print number 6879a [A06879 Detail]

Download: New_York-2023-A06879-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6879--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M. of A. SHRESTHA, REYES, RAGA, GONZALEZ-ROJAS, DICKENS,
          DE LOS SANTOS, ROZIC, KIM,  FORREST,  CRUZ,  BRAUNSTEIN,  LEE,  RAMOS,
          THIELE,  AUBRY, MAMDANI, MITAYNES, CUNNINGHAM -- Multi-Sponsored by --
          M. of A. SIMON -- read once and referred to the Committee  on  Govern-
          mental  Operations  --  recommitted  to  the Committee on Governmental
          Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10324-04-4
        A. 6879--A                          2

     1  ethnic media is a pathway to allow members of these communities, many of
     2  whom critically need information  about  New  York  state  programs,  to
     3  access it; and
     4    Therefore,  the  legislature hereby finds and declares it is essential
     5  that all residents have meaningful access to state  programs,  services,
     6  and  activities, and the public safety, health, economic prosperity, and
     7  general welfare of all New York state residents is furthered by increas-
     8  ing access to New York state programs and services, regardless of native
     9  language, race, color, gender,  national  origin,  ethnicity,  religion,
    10  sexual orientation, disability or immigrant status.
    11    §  3.  The  executive  law is amended by adding a new section 164-e to
    12  read as follows:
    13    § 164-e. Bolstering our responsibility to local, community and  ethnic
    14  media.  1.  Definitions. For the purposes of this section, the following
    15  terms shall have the following meanings:
    16    (a) "local, community and  ethnic  media"  shall  mean  any  print  or
    17  digital  publication  that:  creates  community  specific  content for a
    18  geographically contiguous area no greater than one fifth of  the  state,
    19  or  is created for communities of people based on native language, race,
    20  color, gender, national origin, ethnicity, religion, sexual orientation,
    21  disability or immigrant status; or falls  within  specifically  tailored
    22  subject matter as determined by the department of state.
    23    (b)  "state  agency"  or "agency" shall mean any department, division,
    24  commission, agency and any other entity of the state.
    25    2. Local, community and ethnic media advertising. Every  state  agency
    26  shall  ensure  that,  by December thirty-first, two thousand twenty-six,
    27  and for every year thereafter, at least fifty percent  of  their  annual
    28  print  and  digital  publication  advertising  spending  shall go toward
    29  local, community  and  ethnic  media  outlets.  The  office  of  general
    30  services shall take all steps necessary, consistent with applicable law,
    31  to  implement  the provisions of this section, particularly with respect
    32  to the state education department, the department of health,  and  state
    33  housing authorities.
    34    3.  Approved  media  outlet list. The office of general services shall
    35  develop and maintain a list of local, community and ethnic media outlets
    36  that promote and exemplify the state's many interconnected  communities,
    37  as  described  in  subdivision  one of this section, for state agencies,
    38  including, but not limited  to,  the  state  education  department,  the
    39  department  of  health,  and  state housing authorities, to use at their
    40  discretion. State agencies may petition the office of  general  services
    41  to  include  advertisements such agencies have published in outlets that
    42  are not on the approved list toward their local,  community  and  ethnic
    43  media outlet spending.
    44    4.  Development  and transparency. State agency employees or represen-
    45  tatives that work on purchasing print or digital publication advertising
    46  shall be required to participate in regular trainings established by the
    47  office of general services on the use of  local,  community  and  ethnic
    48  media advertising. Beginning in two thousand twenty-five, and every year
    49  thereafter,  state  agencies  shall submit a year-end data report to the
    50  governor, the temporary president of the senate and the speaker  of  the
    51  assembly  regarding  the  agency's  annual print and digital publication
    52  advertising spending. The report shall include, but not be  limited  to,
    53  the  total  amount  each  agency  spent on print and digital publication
    54  advertising and the total amount each agency spent on  local,  community
    55  and  ethnic media advertising. Data regarding each agency's annual print
    56  and digital publication advertising  shall  be  made  available  to  the
        A. 6879--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.