S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9380
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M. of A. TAYLOR -- Multi-Sponsored by -- M. of A. LEVEN-
   BERG -- read once and referred to the Committee on Governmental  Oper-
   ations
 
 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-h
 to read as follows:
   § 170-H. 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.
   (B)  THE  EXECUTIVE  DIRECTOR SHALL HAVE THE POWER AND DUTY TO PERFORM
 THE FOLLOWING FUNCTIONS RELATED TO ETHNIC AND COMMUNITY MEDIA:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13851-01-3
 A. 9380                             2
 
   (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-FIVE 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 ADVER-
 TISING. WITH RESPECT TO STATE AGENCIES, SUCH REPORT  SHALL  INCLUDE  ANY
 WAIVERS  ISSUED  PURSUANT  TO THIS SECTION. STATE AGENCIES SHALL PROVIDE
 APPROPRIATE 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.