S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced   by   M.   of  A.  SHRESTHA,  REYES,  RAGA,  GONZALEZ-ROJAS,
   DE LOS SANTOS, ROZIC, KIM,  FORREST,  CRUZ,  BRAUNSTEIN,  LEE,  RAMOS,
   MAMDANI,  MITAYNES, CUNNINGHAM -- Multi-Sponsored by -- M. of A. SIMON
   -- read once and referred to the Committee 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:
 
   Section  1.  Short title.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00504-01-5
 A. 1042                             2
              

 
   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
 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 MEANINGS:
   (A)  "LOCAL,  COMMUNITY  AND  ETHNIC  MEDIA"  SHALL  MEAN ANY PRINT OR
 DIGITAL PUBLICATION THAT:  CREATES  COMMUNITY  SPECIFIC  CONTENT  FOR  A
 GEOGRAPHICALLY  CONTIGUOUS  AREA NO GREATER THAN ONE FIFTH OF THE STATE,
 OR IS CREATED FOR COMMUNITIES OF PEOPLE BASED ON NATIVE LANGUAGE,  RACE,
 COLOR, GENDER, NATIONAL ORIGIN, ETHNICITY, RELIGION, SEXUAL ORIENTATION,
 DISABILITY  OR  IMMIGRANT  STATUS; 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-SEVEN,
 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  OFFICE  OF GENERAL
 SERVICES 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 OFFICE OF  GENERAL  SERVICES  SHALL
 DEVELOP AND MAINTAIN 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 EDUCATION DEPARTMENT, THE DEPARTMENT
 OF HEALTH, AND STATE HOUSING AUTHORITIES, TO USE  AT  THEIR  DISCRETION.
 STATE  AGENCIES  MAY  PETITION THE OFFICE OF GENERAL SERVICES TO INCLUDE
 ADVERTISEMENTS SUCH AGENCIES 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
 OFFICE  OF  GENERAL  SERVICES  ON THE USE OF LOCAL, COMMUNITY AND ETHNIC
 MEDIA ADVERTISING. BEGINNING IN TWO THOUSAND TWENTY-SIX, AND EVERY  YEAR
 THEREAFTER,  STATE  AGENCIES  SHALL SUBMIT A YEAR-END DATA REPORT TO THE
 GOVERNOR, THE TEMPORARY 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 ADVERTISING. DATA REGARDING EACH AGENCY'S ANNUAL PRINT
 AND DIGITAL PUBLICATION ADVERTISING  SHALL  BE  MADE  AVAILABLE  TO  THE
 OFFICE  OF  GENERAL  SERVICES AT THE BEGINNING OF EACH YEAR AND SHALL BE
 POSTED ON THE OFFICE OF GENERAL SERVICES' WEBSITE.
 A. 1042                             3
 
   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
 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.