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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6879

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
          tee 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. 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
    20  whom critically need information  about  New  York  state  programs,  to
    21  access it; and
    22    Therefore,  the  legislature hereby finds and declares it is essential
    23  that all residents have meaningful access to state  programs,  services,
    24  and  activities, and the public safety, health, economic prosperity, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10324-02-3

        A. 6879                             2

     1  general welfare of all New York state residents is furthered by increas-
     2  ing access to New York state programs and services, regardless of native
     3  language, race, color, gender,  national  origin,  ethnicity,  religion,
     4  sexual orientation, disability or immigrant status.
     5    §  3.  The  executive  law is amended by adding a new section 164-e to
     6  read as follows:
     7    § 164-e. Bolstering our responsibility to local, community and  ethnic
     8  media.  1.  Definitions. For the purposes of this section, the following
     9  terms shall have the following meaning:
    10    (a) "local, community and  ethnic  media"  shall  mean  any  print  or
    11  digital  publication that: is created for communities of people based on
    12  native language, race, color, gender, national origin, ethnicity,  reli-
    13  gion,  sexual  orientation,  disability  or  immigrant status; targets a
    14  discrete neighborhood, geographic region, or population that may or  may
    15  not  typically  receive information from mainstream publications because
    16  of their exclusive use of foreign language; or falls within specifically
    17  tailored subject matter as determined by the department of state.
    18    (b) "state agency" or "agency" shall mean  any  department,  division,
    19  commission, agency and any other entity of the state.
    20    2.  Local,  community and ethnic media advertising. Every state agency
    21  shall ensure that, by December thirty-first, two  thousand  twenty-five,
    22  and  for  every  year thereafter, at least fifty percent of their annual
    23  print and digital  publication  advertising  spending  shall  go  toward
    24  local,  community  and ethnic media outlets. The state comptroller shall
    25  take all steps necessary, consistent with applicable law,  to  implement
    26  the  provisions  of this section, particularly with respect to the state
    27  education department,  the  department  of  health,  and  state  housing
    28  authorities.
    29    3. Approved media outlet list. The comptroller shall develop and main-
    30  tain  a  list  of local, community and ethnic media outlets that promote
    31  and exemplify the state's many interconnected communities, as  described
    32  in  subdivision  one of this section, for state agencies, including, but
    33  not limited to,  the  state  education  department,  the  department  of
    34  health, and housing authorities, to use at their discretion. State agen-
    35  cies  may  petition the comptroller to include advertisements such agen-
    36  cies have published in outlets that are not on the approved list  toward
    37  their local, community and ethnic media outlet spending.
    38    4.  Development  and transparency. State agency employees or represen-
    39  tatives that work on purchasing print or digital publication advertising
    40  shall be required to participate in regular trainings established by the
    41  comptroller on the use of local, community and ethnic media advertising.
    42  Beginning in two thousand twenty-four, and every year thereafter,  state
    43  agencies shall submit a year-end data report to the governor, the tempo-
    44  rary  president  of the senate and the speaker of the assembly regarding
    45  the agency's annual print and digital publication advertising  spending.
    46  The  report  shall include, but not be limited to, the total amount each
    47  agency spent on print and digital publication advertising and the  total
    48  amount  each agency spent on local, community and ethnic media advertis-
    49  ing. Data regarding each agency's annual print and  digital  publication
    50  advertising  shall be made available to the comptroller at the beginning
    51  of each year and shall be posted on the comptroller's website.
    52    5. Exemption for legally required notices. To  the  extent  that  this
    53  section  conflicts  with  a  state  agency's requirements to comply with
    54  legal and statutory notices that  require  posting  or  distribution  in
    55  publications or media pursuant to local, state, or other applicable law,
    56  such  notices shall be exempt from the requirements in this section. For

        A. 6879                             3

     1  purposes of this exemption, agencies may subtract the publication  costs
     2  of  such  legally  required notices from their total advertising budgets
     3  before calculating their required  local,  community  and  ethnic  media
     4  advertising spending pursuant to subdivision two of this section.
     5    § 4.  This act shall take effect immediately.
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