Requires the comptroller to maintain a non-aggregated compilation of all print publications, digital platforms, television stations, radio stations, or other media where such advertisements, marketing or informational items were placed on behalf of any state entity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8897A
SPONSOR: Woerner TITLE OF BILL:
An act to amend the state finance law, in relation to requiring public
disclosure of media contracts
PURPOSE:
To provide a public record of the state's media purchases.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 1367E to the state. finance law specifying
that any non-state entity providing media services .to the state valued
at $500,000 or more shall be listed on a public website to provide
public accountability on how the State is spending its media budget.
Section 2 provides an effective date.
JUSTIFICATION:
Local, professional, accountable reportage has played a key role in
American democracy throughout the last three centuries, acting as a
watchdog on government, reporting on local events, and serving as public
forum to tie communities together. The internet has been hard on local
newspapers. In many areas of New York, community newspapers and other
community media platforms are going out of business or cutting reporting
jobs, creating news deserts where local news goes largely uninvestigated
and unreported. Internet news sources rarely cover local issues in
depth. Because the surviving community newspapers and other media
providers have an increasingly difficult time attracting paid subscrib-
ers, they have become more dependent on advertisers, who in some cases
are permitted to dictate content.
There is reason to be hopeful despite the disappearance of many regional
newspapers. Local television stations continue to cover local stories,
more non-profits are engaging in local investigative reporting, and
commercial and non-profit media are starting to collaborate.
According to the Advertising Boost Initiative out of CUNY (see, Communi-
ty Blindspot, https://abi.journalism.cuny.edu/nys-ad-spending/agency-
anaylsis), New York State agencies spent over $900 million dollars on
advertising in a ten-year period from 2012 to 2022. Approximately 2.6%
of that money went to community media platforms, whereas big media
companies received 61.5% of the total advertising budget spent on media
buys. Media placements, in social media, tech and ad-targeting compa-
nies received 20% of the media budget. Media buys by the State should
benefit the public good by supporting local media. Technological changes
make it easier for the state to micro-target ads to the audiences it
needs to reach. Rather than spending most of its budget on big advertis-
ing firms and big media companies, the State should put at least part of
its advertising money into local papers, television stations and radio
stations that reach regional, local and diverse audiences. Supporting
community media would help sustain a vibrant media landscape, ensuring
that all communities in New York see themselves reflected in the news.
There is currently no way to track media budgets from all the different
agencies within the State to see where our tax dollars are being spent.
To increase transparency and accountability that will allow us to devel-
op policy in support of community media and local journalism, we need a
break-down of State media buys. This bill is a simple reporting bill
which instructs State agencies to gather information about their media
buys and report to the comptroller, who will then make the information
publicly available on a website.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
This act shall take effect on January first after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
8897--A
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, in relation to requiring public
disclosure of media contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 136-e to read as follows:
3 § 136-e. Public disclosure of media contracts. 1. Any media or market-
4 ing company, agency or contractor providing contractual services to the
5 state valued at five hundred thousand dollars or more and working with
6 any department, division, board, bureau, commission, or other agency of
7 the state to provide advertising or marketing services shall provide to
8 the comptroller an itemized list of all print publications, digital
9 platforms, television stations, radio stations, or other media where
10 such advertisements, marketing or informational items were placed by
11 such companies, agencies or contractors on behalf of any such state
12 entity. Such list shall also include the amount paid to each such media
13 platform on an annual basis and any other information the comptroller
14 may require for the purpose of identifying media services provided to
15 the state by non-state entities.
16 2. Each department, division, board, bureau, commission or other agen-
17 cy of the state that receives services from any media or marketing
18 company, agency or contractor shall annually, on or before January
19 first, submit to the comptroller all information required pursuant to
20 this section in a manner specified by the comptroller to facilitate the
21 publication requirements of subdivision four of this section.
22 3. Each department, division, board, bureau, commission, or other
23 agency of the state that directly contracts for services on any media
24 platform listed in subdivision one of this section shall provide a list
25 of such media and the amount paid to each media platform for advertising
26 or marketing services to the comptroller annually, on or before January
27 first of each year, and any other information the comptroller may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14032-02-4
A. 8897--A 2
1 require for the purpose of identifying advertising and marketing
2 services provided to the state by non-state entities.
3 4. The comptroller shall maintain a non-aggregated compilation of all
4 information provided pursuant to subdivisions one, two and three of this
5 section in a public record available for inspection and updated at least
6 annually on a website designated by the comptroller for the purpose of
7 public access. The comptroller shall issue an annual public report by
8 agency on the number and cost of such media services placed by region
9 and by type of media platform.
10 5. The comptroller shall promulgate any rules and regulations neces-
11 sary for the implementation of this section.
12 § 2. This act shall take effect on the first of January next succeed-
13 ing the date on which it shall have become a law. Effective immediately,
14 the addition, amendment and/or repeal of any rule or regulation neces-
15 sary for the implementation of this act on its effective date are
16 authorized to be made and completed on or before such effective date.
