Assembly Bill A3510

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3510
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of ethnic and community media
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The executive law is amended by adding a new section 170-i
 to read as follows:
   § 170-I. OFFICE OF ETHNIC AND COMMUNITY MEDIA.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ETHNIC AND COMMUNITY MEDIA OUTLET" MEANS ANY MEDIA OUTLET THAT:
   (I) SERVES PARTICULAR COMMUNITIES OF PEOPLE BASED ON NATIVE  LANGUAGE,
 RACE, COLOR, GENDER, NATIONAL ORIGIN, ETHNICITY, RELIGION, SEXUAL ORIEN-
 TATION, DISABILITY OR IMMIGRANT STATUS;
   (II)  TARGETS A DISCRETE NEIGHBORHOOD, GEOGRAPHIC REGION OR POPULATION
 WITHIN THE STATE RATHER THAN THE STATE AS A WHOLE; OR
   (III) FALLS WITHIN A SPECIFICALLY TAILORED SUBJECT MATTER,  AS  DETER-
 MINED BY THE EXECUTIVE DIRECTOR;
   (B)  "EXECUTIVE  DIRECTOR"  MEANS THE EXECUTIVE DIRECTOR OF ETHNIC AND
 COMMUNITY MEDIA;
   (C) "MEDIA OUTLET" MEANS A PUBLICATION THAT  PROVIDES  NEWS  OR  OTHER
 MEDIA  CONTENT  THROUGH  PRINT  OR  DIGITAL MEANS, AND ANY TELEVISION OR
 RADIO OUTLET; AND
   (D) "STATE AGENCY" MEANS:
   (I) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE GOVERNOR; AND
   (II) ANY AGENCY HEADED BY A BOARD, COMMISSION  OR  OTHER  MULTI-MEMBER
 BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE GOVER-
 NOR.
   2.  (A)  THERE  SHALL BE AN OFFICE OF ETHNIC AND COMMUNITY MEDIA. SUCH
 OFFICE SHALL BE HEADED BY AN EXECUTIVE DIRECTOR OF ETHNIC AND  COMMUNITY
 MEDIA WHO SHALL BE APPOINTED BY THE GOVERNOR.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03383-01-5
              

 A. 3510                             2
 
   (B)  THE  EXECUTIVE  DIRECTOR SHALL HAVE THE POWER AND DUTY TO PERFORM
 THE FOLLOWING FUNCTIONS RELATED TO ETHNIC AND COMMUNITY MEDIA:
   (I)  ADVISE  AND ASSIST THE GOVERNOR IN COORDINATING THE COMMUNICATION
 OF GOVERNMENT-RELATED INFORMATION TO THE PUBLIC;
   (II) FACILITATE COMMUNICATION BETWEEN STATE AGENCIES  TO  ASSIST  SUCH
 AGENCIES  IN  DELIVERING CONSISTENT INFORMATION VIA COMMUNITY AND ETHNIC
 MEDIA OUTLETS TO THE PUBLIC;
   (III) MONITOR STATE AGENCIES' DISTRIBUTION OF ADVERTISING RESOURCES IN
 ACCORDANCE WITH THIS SECTION;
   (IV) DEVELOP AND MAINTAIN A LIST OF ETHNIC AND COMMUNITY MEDIA OUTLETS
 FOR STATE AGENCIES TO USE AT THEIR DISCRETION.  THE  EXECUTIVE  DIRECTOR
 SHALL  PUBLISH GUIDELINES SETTING FORTH A PROCESS FOR THE DEVELOPMENT OF
 SUCH LIST;
   (V) CREATE FORMS FOR REQUESTS FOR WAIVERS PURSUANT TO THIS SECTION;
   (VI) DURING THE CALENDAR YEAR BEGINNING JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-SIX AND AT LEAST ONCE EACH YEAR THEREAFTER, PREPARE AND SUBMIT TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY A REPORT ON THE ANNUAL ADVERTISING FOR THE PRECEDING FISCAL
 YEAR OF EACH STATE AGENCY, AND WITH RESPECT TO EACH  SUCH  ENTITY,  SUCH
 REPORT  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE TOTAL AMOUNT PAID
 BY EACH ENTITY TO MEDIA OUTLETS FOR ADVERTISING  AND  THE  TOTAL  AMOUNT
 EACH  ENTITY PAID TO ETHNIC AND COMMUNITY MEDIA OUTLETS FOR ADVERTISING.
 WITH RESPECT TO STATE AGENCIES, SUCH REPORT SHALL  INCLUDE  ANY  WAIVERS
 ISSUED  PURSUANT TO THIS SECTION. STATE AGENCIES SHALL PROVIDE APPROPRI-
 ATE DATA TO THE OFFICE OF ETHNIC AND COMMUNITY MEDIA  TO  COMPLETE  SUCH
 REPORT;
   (VII) HOLD AT LEAST ONE ANNUAL TRAINING FOR STATE OFFICERS AND EMPLOY-
 EES RESPONSIBLE FOR PURCHASING ADVERTISING; AND
   (VIII)  DELEGATE THESE POWERS AND DUTIES TO ANY INDIVIDUALS DESIGNATED
 IN WRITING AS DEPUTIES OF THE EXECUTIVE DIRECTOR.
   (C) THE EXECUTIVE DIRECTOR  MAY  APPOINT  DEPUTIES  AND  STAFF  WITHIN
 AVAILABLE APPROPRIATIONS.
   3.  (A)  EACH STATE AGENCY SHALL SEEK TO DIRECT AT LEAST FIFTY PERCENT
 OF ITS TOTAL SPENDING ON  ADVERTISING  TO  ETHNIC  AND  COMMUNITY  MEDIA
 OUTLETS,  PROVIDED THAT A STATE AGENCY MAY APPLY TO THE EXECUTIVE DIREC-
 TOR FOR AN ANNUAL WAIVER  OF  THIS  GOAL.  ANY  SUCH  APPLICATION  SHALL
 PROVIDE  A  PARTICULARIZED EXPLANATION REGARDING THE PUBLIC PURPOSE THAT
 WOULD BE SERVED BY THE ISSUANCE OF A WAIVER. IF A WAIVER IS  GRANTED  BY
 THE EXECUTIVE DIRECTOR, IT SHALL BE POSTED ON A WEBSITE MANAGED OR OPER-
 ATED BY SUCH STATE AGENCY TOGETHER WITH THE EXPLANATION FOR THE WAIVER.
   (B)  TO  THE EXTENT PARAGRAPH (A) OF THIS SUBDIVISION CONFLICTS WITH A
 STATE AGENCY'S OBLIGATION TO ISSUE NOTICES REQUIRED BY LAW TO BE  POSTED
 OR  DISTRIBUTED  IN  MEDIA  OUTLETS,  THE TERMS OF PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL NOT APPLY.  IN IMPLEMENTING THE REQUIREMENTS OF  PARA-
 GRAPH (A) OF THIS SUBDIVISION, A STATE AGENCY SHALL OMIT THE PUBLICATION
 COST  OF SUCH LEGALLY REQUIRED NOTICES FROM ITS TOTAL ADVERTISING BUDGET
 BEFORE CALCULATING ITS REQUIRED ETHNIC AND COMMUNITY MEDIA OUTLET SPEND-
 ING PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.