S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6495
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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:
 
   Section  1.  This  act  shall be known and may be cited as the "local,
 community and ethnic media commitment act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares New York is one of the  most  diverse  states  in  America  and
 local,  community  and  ethnic  media  provides an important way for the
 state to connect and ensure that its message reaches  all  New  Yorkers;
 and
   The  legislature  hereby finds and declares that according to the U.S.
 Census population estimates for 2022, approximately 23  percent  of  New
 York  state  residents  and  37  percent  of New York city residents are
 foreign-born and according to the 2019 U.S. Census population  estimates
 approximately  30  percent  of  New  York  state  residents do not speak
 English as their primary language and 13 percent of New York state resi-
 dents have a limited  ability  to  read,  speak,  write,  or  understand
 English; and
   The  legislature  hereby finds and declares that the state of New York
 wants to ensure that critical information about  state  services,  poli-
 cies, and opportunities reach these communities and local, community and
 ethnic media is a pathway to allow members of these communities, many of
 whom  critically  need  information  about  New  York state programs, to
 access it; and
   Therefore, the legislature hereby finds and declares it  is  essential
 that  all  residents have meaningful access to state programs, services,
 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
              

 S. 6495                             2
 
 general welfare of all New York state residents is furthered by increas-
 ing access to New York state programs and services, regardless of native
 language,  race,  color,  gender,  national origin, ethnicity, religion,
 sexual orientation, disability or immigrant status.
   §  3.  The  executive  law is amended by adding a new section 164-e to
 read as follows:
   § 164-E. BOLSTERING OUR RESPONSIBILITY TO LOCAL, COMMUNITY AND  ETHNIC
 MEDIA.  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANING:
   (A) "LOCAL, COMMUNITY AND  ETHNIC  MEDIA"  SHALL  MEAN  ANY  PRINT  OR
 DIGITAL  PUBLICATION THAT: IS CREATED FOR COMMUNITIES OF PEOPLE BASED ON
 NATIVE LANGUAGE, RACE, COLOR, GENDER, NATIONAL ORIGIN, ETHNICITY,  RELI-
 GION,  SEXUAL  ORIENTATION,  DISABILITY  OR  IMMIGRANT STATUS; TARGETS A
 DISCRETE NEIGHBORHOOD, GEOGRAPHIC REGION, OR POPULATION THAT MAY OR  MAY
 NOT  TYPICALLY  RECEIVE INFORMATION FROM MAINSTREAM PUBLICATIONS BECAUSE
 OF THEIR EXCLUSIVE USE OF FOREIGN LANGUAGE; OR FALLS WITHIN SPECIFICALLY
 TAILORED SUBJECT MATTER AS DETERMINED BY THE DEPARTMENT OF STATE.
   (B) "STATE AGENCY" OR "AGENCY" SHALL MEAN  ANY  DEPARTMENT,  DIVISION,
 COMMISSION, AGENCY AND ANY OTHER ENTITY OF THE STATE.
   2.  LOCAL,  COMMUNITY AND ETHNIC MEDIA ADVERTISING. EVERY STATE AGENCY
 SHALL ENSURE THAT, BY DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,
 AND  FOR  EVERY  YEAR THEREAFTER, AT LEAST FIFTY PERCENT OF THEIR ANNUAL
 PRINT AND DIGITAL  PUBLICATION  ADVERTISING  SPENDING  SHALL  GO  TOWARD
 LOCAL,  COMMUNITY  AND ETHNIC MEDIA OUTLETS. THE STATE COMPTROLLER SHALL
 TAKE ALL STEPS NECESSARY, CONSISTENT WITH APPLICABLE LAW,  TO  IMPLEMENT
 THE  PROVISIONS  OF THIS SECTION, PARTICULARLY WITH RESPECT TO THE STATE
 EDUCATION DEPARTMENT,  THE  DEPARTMENT  OF  HEALTH,  AND  STATE  HOUSING
 AUTHORITIES.
   3. APPROVED MEDIA OUTLET LIST. THE COMPTROLLER SHALL DEVELOP AND MAIN-
 TAIN  A  LIST  OF LOCAL, COMMUNITY AND ETHNIC MEDIA OUTLETS THAT PROMOTE
 AND EXEMPLIFY THE STATE'S MANY INTERCONNECTED COMMUNITIES, AS  DESCRIBED
 IN  SUBDIVISION  ONE OF THIS SECTION, FOR STATE AGENCIES, INCLUDING, BUT
 NOT LIMITED TO,  THE  STATE  EDUCATION  DEPARTMENT,  THE  DEPARTMENT  OF
 HEALTH, AND HOUSING AUTHORITIES, TO USE AT THEIR DISCRETION. STATE AGEN-
 CIES  MAY  PETITION THE COMPTROLLER TO INCLUDE ADVERTISEMENTS SUCH AGEN-
 CIES HAVE PUBLISHED IN OUTLETS THAT ARE NOT ON THE APPROVED LIST  TOWARD
 THEIR LOCAL, COMMUNITY AND ETHNIC MEDIA OUTLET SPENDING.
   4.  DEVELOPMENT  AND TRANSPARENCY. STATE AGENCY EMPLOYEES OR REPRESEN-
 TATIVES THAT WORK ON PURCHASING PRINT OR DIGITAL PUBLICATION ADVERTISING
 SHALL BE REQUIRED TO PARTICIPATE IN REGULAR TRAININGS ESTABLISHED BY THE
 COMPTROLLER ON THE USE OF LOCAL, COMMUNITY AND ETHNIC MEDIA ADVERTISING.
 BEGINNING IN TWO THOUSAND TWENTY-FOUR, AND EVERY YEAR THEREAFTER,  STATE
 AGENCIES SHALL SUBMIT A YEAR-END DATA REPORT TO THE GOVERNOR, THE TEMPO-
 RARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY REGARDING
 THE AGENCY'S ANNUAL PRINT AND DIGITAL PUBLICATION ADVERTISING  SPENDING.
 THE  REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TOTAL AMOUNT EACH
 AGENCY SPENT ON PRINT AND DIGITAL PUBLICATION ADVERTISING AND THE  TOTAL
 AMOUNT  EACH AGENCY SPENT ON LOCAL, COMMUNITY AND ETHNIC MEDIA ADVERTIS-
 ING. DATA REGARDING EACH AGENCY'S ANNUAL PRINT AND  DIGITAL  PUBLICATION
 ADVERTISING  SHALL BE MADE AVAILABLE TO THE COMPTROLLER AT THE BEGINNING
 OF EACH YEAR AND SHALL BE POSTED ON THE COMPTROLLER'S WEBSITE.
   5. EXEMPTION FOR LEGALLY REQUIRED NOTICES. TO  THE  EXTENT  THAT  THIS
 SECTION  CONFLICTS  WITH  A  STATE  AGENCY'S REQUIREMENTS TO COMPLY WITH
 LEGAL AND STATUTORY NOTICES THAT  REQUIRE  POSTING  OR  DISTRIBUTION  IN
 PUBLICATIONS OR MEDIA PURSUANT TO LOCAL, STATE, OR OTHER APPLICABLE LAW,
 SUCH  NOTICES SHALL BE EXEMPT FROM THE REQUIREMENTS IN THIS SECTION. FOR
 S. 6495                             3
 
 PURPOSES OF THIS EXEMPTION, AGENCIES MAY SUBTRACT THE PUBLICATION  COSTS
 OF  SUCH  LEGALLY  REQUIRED NOTICES FROM THEIR TOTAL ADVERTISING BUDGETS
 BEFORE CALCULATING THEIR REQUIRED  LOCAL,  COMMUNITY  AND  ETHNIC  MEDIA
 ADVERTISING SPENDING PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   § 4.  This act shall take effect immediately.