Resources: Other Bills

New York City Executive Order

 

Section 1. Definition. For the purposes of this Order, the term “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, religion, sexual orientation, disability or immigrant status; targets a discrete neighborhood, or a geographic region, or a 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 New York City’s Mayor’s Office.

§2. Community and Ethnic Media Advertising. All agencies of the City of New York shall ensure that, by the end of fiscal year 2020, and for every fiscal year thereafter, at least 50 percent of their annual print and digital publication advertising spending is going toward community and ethnic media outlets. The Mayor’s Office of Operations shall take all steps necessary, consistent with applicable law, to implement the provisions of this Order with respect to the New York City Department of Education, New York City Health+ Hospitals, and the New York City Housing Authority. 

§3. Approved Media Outlet List. The Mayor’s Director of Community and Ethnic Media, or the Mayor’s Designee, shall develop and maintain a list of community and ethnic media outlets that promote and exemplify the City’s many interconnected communities, as described in section 1, for City agencies, the New York City Department of Education, New York City Health + Hospitals, and the New York City Housing Authority to use at their discretion. Agencies may petition the Mayor’s Director of Community and Ethnic Media, or the Mayor’s Designee, to count their advertisements in an outlet that is not on the approved list toward their community and ethnic media outlet spending. 

§4. Development and Transparency. Agency representatives that work on purchasing print or digital publication advertising will be required to participate in regular Mayor’s Office trainings. Beginning in fiscal year 2020, and for every fiscal year thereafter, agencies shall submit a year-end data report to the Mayor’s Office of Operations regarding the agency’s annual print and digital publication advertising spending. The report shall include, but is not limited to, the total amount each agency spent on such advertising and the total amount each agency spent on community and ethnic media. Data regarding each agency’s annual print and digital publication advertising will be made available to the public through the Open Data portal at the beginning of 2021 and at the beginning of each fiscal year thereafter. 

§5. Waiver for Agencies. Agencies may obtain a waiver from any or all of the requirements set forth in this Order from the Mayor’s Office of Operations. 

§6. Exemption for Legally Required Notices. To the extent that these requirements conflict with an 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 are exempt from the requirements in this Order. 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 ethnic and media outlet spending pursuant to section 2 of this Order. 

§7. Effective Date. This Order shall take effect immediately. 

 

New York City Law

 

CHAPTER 77 

OFFICE OF ETHNIC AND COMMUNITY MEDIA

 

§3300. Office of Ethnic and Community Media; executive director. There shall be an office of ethnic and community media. Such office may, but need not, be established in the executive office of the mayor and may be established as a separate office, within any other office of the mayor or within any department, the head of which is appointed by the mayor. Such office shall be headed by an executive director of ethnic and community media who shall be appointed by the mayor or, if the office is established within a department, designated by the head of such department. 

§3301. Definitions. As used in this chapter, the following terms have the following meanings: 

Ethnic and community media outlet. The term “ethnic and community media outlet” means any media outlet that: 

(1) serves particular communities of people based on native language, race, color, gender, national origin, ethnicity, religion, sexual orientation, disability or immigrant status. 

(2) targets a discrete neighborhood, geographic region or population within the city rather than the city as a whole; or

(3) falls within a specifically tailored subject matter, as determined by the executive director. 

Executive director. The term “executive director” means the executive director of ethnic and community media. 

Mayoral agency. The term “mayoral agency” means (i) any agency the head of which is appointed by the mayor, (ii) any agency headed by a board, commission or other multi-member body, the majority of the membership of which is appointed by the mayor and (iii) the office of the mayor. 

Media outlet. The term “media outlet” means a publication that provides news or other media content through print or digital means and any television or radio outlet.

§3302. Powers and duties. The executive director shall have the power and duty to perform the following functions related to ethnic and community media:

a. Advise and assist the mayor in coordinating the communication of government-related information to the public.

b. Facilitate communication between mayoral agencies to assist such agencies in delivering consistent information via community and ethnic media outlets to the public.

c. Monitor mayoral agencies’ distribution of advertising resources in accordance with section 3303. 3

d. Assist public entities, including but not limited to the Department of Education, the New York City Health and Hospitals Corporation, and the New York City Housing Authority in their discretionary efforts to satisfy the requirements set forth in section 3303.

e. Develop and maintain a list of ethnic and community media outlets for mayoral agencies to use at their discretion. The executive director shall publish guidelines setting forth a process for the development of this list.

f. Create forms for requests for waivers pursuant to section 3303.

g. During the calendar year beginning January 1, 2022, and at least once each year thereafter, prepare and submit to the mayor and the speaker of the council a report on the annual advertising for the preceding fiscal year of each mayoral agency, the department of education, the New York city health and hospitals corporation and the New York city housing authority, 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 mayoral agencies, such report shall include any waivers issued pursuant to section 3303. The Department of Education and mayoral agencies shall provide appropriate data to the office of ethnic and community media to complete such report. In developing such report, the department shall seek the cooperation and assistance of the New York city housing authority and the New York city health and hospitals corporation.

h. Hold at least one annual training for city officers and employees responsible for purchasing advertising.

i. Delegate these powers and duties to any individuals designated in writing as deputies of the executive director.

§3303. Advertising on ethnic and community media. a. Each mayoral agency shall seek to direct at least 50 percent of its total spending on advertising to ethnic and community media outlets, provided that a mayoral agency may apply to the executive director 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 operated by the city, together with the explanation for the waiver. 

b. To the extent subdivision a of this section conflicts with a mayoral agency’s obligation to issue notices required by law to be posted or distributed in media outlets, the terms of subdivision a of this section shall not apply. In implementing the requirements of subdivision, a of this section, a mayoral 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 spending pursuant to subdivision a. 

§3304. Deputies. The executive director may appoint deputies and staff within available appropriations. One of these positions shall be a citywide marketing director, who shall report to the executive director.

§2. This local law takes effect 45 days after it becomes law.

 

Chicago Executive Order

 

SECTION I. DEFINITION. For the purposes of this Executive Order, the term “community media outlet” shall mean any print or digital publication, or any television, radio, or digital broadcast, that: (i) targets a discrete neighborhood or geographic area within the Chicago region: (ii) targets a population that may or may not typically receive information from English-language outlets because of its exclusive or predominant use of one or more non-English languages; or (iii) targets a population based on culture or specifically-tailored subject matter as may be identified by the Office of the Mayor. 

SECTION 2. DEPARTMENT ADVERTISING GOAL. Except as otherwise provided by law or in section 5 of this Executive Order, for fiscal year 2023 and every fiscal year thereafter, each Department of the City of Chicago (for the purposes of this Executive Order, “Department”) shall seek to direct at least 50 percent of the Department’s annual advertising spending to community media outlets. provided that a Department may apply to the Office of the Mayor for a waiver of this goal. 

SECTION 3. APPROVED MEDIA OUTLET LIST. The Office of the Mayor shall develop and maintain a list of community media outlets that promote and exemplify the City’s many interconnected communities for use by Departments. A Department may request that the Office of the Mayor recognizes advertising spending in an outlet that is not on the approved list for the purpose of determining the Department’s community media outlet spending. 

SECTION 4. DEVELOPMENT AND TRANSPARENCY. Department representatives that work on purchasing advertising shall participate in regular trainings conducted by the Office of the Mayor. Beginning in fiscal year 2023, and for every fiscal year thereafter, each Department shall submit a year-end data report to the Office of the Mayor regarding its annual advertising spending. The report shall include, but is not limited to, the total amount each Department spent on advertising and the total amount each Department spent on advertising in community media outlets during the fiscal year. Data regarding each” Department’s advertising shall be made available to the public through the Chicago Data Portal at the beginning of 2024, and at the beginning of each fiscal year thereafter. 

SECTION 5. Exemption for LEGALLY REQUIRED NOTICES. To the extent that the goals and requirements of this Executive Order conflict with a Department’s or the City’s obligation to comply with legal and statutory notice requirements pursuant to local, State, or other applicable law, such notices are exempt from the goals and requirements of this Executive Order. In implementing the advertising goal set forth in SECTION 2 of this Executive Order, a Department shall omit the publication cost of such legally required from its total advertising budget before calculating its community media outlet spending.

 

Connecticut Bill (original bill)

As proposed:

AN ACT CONCERNING THE PURCHASE OF PRINT AND DIGITAL ADVERTISING BY THE STATE. 

Be it enacted by the Senate and House of Representatives in General Assembly convened: That chapter 58 of the general statutes be amended to require at least fifty per cent of the annual amount spent by the Department of Administrative Services for the purchasing of print and digital advertising services for state agencies be contracts with media outlets owned by in-state entities or nonprofit companies. 

Statement of Purpose: To support nonprofit companies and Connecticut-owned media outlets and to increase local news coverage.

 

As passed by the Connecticut Assembly:

Section 1. (NEW) (Effective from passage) (a) Executive branch state agencies shall endeavor to utilize entities or nonprofit entities, which have local ownership within the state when procuring print and digital advertising services. Not less than fifty per cent of the total annual value of all such contracts shall be awarded to such entities, unless the relevant agency determines that it would interfere with the purpose of the advertising.

(b) The provisions of this section shall not apply to state contracts for print or digital advertising services for tourism or employee recruitment.

(c) Not later than February 1, 2025, the commissioner of administrative services shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to government administration. The report shall summarize any advertising services purchased during the fiscal year ending June 30, 2024, and shall include a summary of the amounts spent.

 

Colorado Bill

 

Article 1.3

Local Newspaper Advertising

By State Departments

 

24-1.3-101. Local Newspaper Advertising By State Departments – Advertising Spending Requirement – Waiver – Reporting – Definitions. 

(1) As Used In This Section, Unless The Context Otherwise Requires: 

(A) “Advertising” Means Providing Consideration For The Publication, Dissemination, Solicitation, Or Circulation Of Visual, Oral, Or Written Communication To Either: 

(I) Directly Induce Any Person To Utilize Or Participate In A Service Offered By A Principal Department; Or 

(II) Make Any Person Aware Of Information Relevant To A Principal Department. 

(B) “Local Newspaper” Means A Print Or Digital Publication That:

(I) Primarily Serves The Needs Of The State Of Colorado Or A Regional Or Local Community Within Colorado; 

(II) Primarily Has Content Derived From Primary Sources Relating To News And Current Events; And 

(III) Employs At Least One Journalist Who Resides In Colorado And Who Regularly Gathers, Collects, Photographs, Records, Writes, Or Reports News Or Information That Concerns Local Events Or Other Matters Of Local Public Interest. 

(C) “Principal Department” Means A Department Of State Government As Specified In Section 24-1-110. 

(2) Beginning July 1, 2023, A Principal Department Shall Spend At Least Fifty Percent Of The Money It Spends On Advertising In Colorado In A Fiscal Year On Advertising Through Local Newspapers. Advertising Primarily Targeted At Out-Of-State Residents Is Not Subject To This Requirement. 

(3) Each Principal Department Shall, As Part Of Its Departmental Presentation To Its Legislative Oversight Committee Of Reference Made Pursuant To Section 2-7-203 Of The “State Measurement For Accountable, Responsive, And Transparent (Smart) Government Act”, Include A Description Of The Department’s Advertising Spending, If Any, And What Percentage Of That Spending Was Allocated To Advertising In Local Newspapers.

 

Australia Rules of Government Advertising

(pp. 123-125)

 

1. The Australian Government Guidelines on Information and Advertising Campaigns by noncorporate Commonwealth entities of October 2020 sets out the five overarching campaign principles. Paragraph 11 of the Guidelines provides that:

These Guidelines are a government policy. Entities subject to the Guidelines must be able to demonstrate compliance with the five overarching principles when planning, developing and implementing publicly funded information and advertising campaigns. The principles require that campaigns are: 

1. relevant to government responsibilities 
2. presented in an objective, fair and accessible manner 
3. objective and not directed at promoting party political interests 
4. justified and undertaken in an efficient, effective and relevant manner, and 
5. compliant with legal requirements and procurement policies and procedures. 

 

Campaign Principles

2. There are five overarching campaign principles which set out the context in which Commonwealth Government campaigns are to be conducted. They relate to when campaigns can be conducted, how they are presented, and the legal and procurement requirements. 

 

Principle 1: Relevant to government responsibilities 

23. In demonstrating compliance with this principle considerations include:

• The subject matter of the campaign directly relates to the Government’s responsibilities 
• The policy or program is underpinned by: 

− legislative authority; or 

− appropriation of the Parliament; or 

− a Cabinet Decision which is intended to be implemented during the current Parliament 

 

24. Examples of suitable uses for government campaigns include to:

• inform the public of new, existing or proposed government policies, or policy revisions;
• provide information on government programs or services or revisions to programs or services to which the public are entitled; 
• inform consideration of issues; 
• disseminate scientific, medical or health and safety information; or 
• provide information on the performance of government to facilitate accountability to the public.

 

Principle 2: Presented in an objective, fair and accessible manner 

25. In demonstrating compliance with this Principle considerations include:

26. The recipients of the information can distinguish between facts, comments, opinions, and analyses. 

27. Information presented as a fact is accurate and verifiable. 

28. The basis of factual comparisons is clear and does not mislead the recipient about the situation, 

29. Pre-existing policies, products, services, and activities are not presented as new. 

30. Special attention is paid to communicating with any information disadvantaged individuals or groups identified as being within the target audience. Particular attention is paid to meeting the information needs of Indigenous Australians, the rural community, and those for whom English is not a convenient language in which to receive information. 

31. Imagery used in campaigns appropriately reflects the diverse range of Australians. Where it is consistent with the campaign objectives, this includes the realistic portrayal of the full participation of women, Indigenous, and culturally and linguistically diverse communities. 

32. Campaigns are tested with target audiences to indicate they are engaging and perform well against their objectives. 

 

Principle 3: Objective and not directed at promoting party political interests 

33. In demonstrating compliance with this Principle considerations include: 

34. Language used in the campaign is objective language and is free of political argument. 

35. Campaigns must not try to foster a positive impression of a particular political party or promote party political interests. 

36. Campaigns must not: 

(a) mention the party in Government by name; 

(b) directly attack or scorn the views, policies, or actions of others, such as the policies and opinions of opposition parties or groups;

(c) include party political slogans or images; 

(e) be designed to influence public support for a political party, a candidate for election, a Minister, or a Member of Parliament; or 

(f) refer or link to the websites of politicians or political parties. 

 

Principle 4: Justified and undertaken in an efficient, effective and relevant manner 

37. In demonstrating compliance with this Principle considerations include:

38. Campaigns are only instigated where a need is demonstrated, target recipients are clearly identified, and the campaign is informed by appropriate research or evidence. 

39. Campaign information clearly and directly affect the interests of recipients. 

40. The medium and volume of the advertising activities are cost-effective and justifiable within the budget allocated to the campaign. 

41.Distribution of unsolicited material should be carefully controlled. 

42. Campaigns are evaluated to determine effectiveness.

 

Principle 5: Compliant with legal requirements and procurement policies and procedures 

43. The manner of presentation and the delivery of campaigns must comply with all relevant laws, including:

(a) laws with respect to broadcasting and media;

(b) privacy laws;

(c) intellectual property laws;

(d) electoral laws;

(e) trade practices and consumer protection laws; and

(f) workplace relations laws.

44. Procurement policies and procedures for the tendering and commissioning of services and the employment of suppliers are to be followed, and there must be a clear audit trail regarding decision-making.