N.Y. Economic Development Law § 165: Payment of funds to tourist promotion agencies

§ 165. Payment of funds to tourist promotion agencies. (a) Upon

submission and approval of each application and the authorization of

funds by the commissioner in accordance therewith, the commissioner

shall give notice to the particular tourist promotion agency of such

approval and authorization, and shall direct such agency to proceed with

its proposed advertising program as described in its application. Upon

the furnishing of satisfactory evidence to the department that the

particular tourist promotion agency has encumbered funds in the amount

committed and approved by the commissioner, the state matching funds

allocated to such agency shall be paid from the funds appropriated for

such purpose pursuant to this act. Any state funds so paid may be

expended only on a matching basis and only within twelve months of such

payment unless an extension of time has been applied for and, upon

showing of good cause, granted by the commissioner.

(b) No advertising or promotion funded for the purposes of this act

shall contain reference to or the name of any public official of the

state of New York, or its political subdivisions. Reference shall

include but not be limited to photographs, drawings, caricatures,

quotations, invitations, signatures, endorsements or sound recordings.

(c) Any logotype, special printing characters, slogan or like device

developed by any advertising agency hired by the department and used in

advertising and promotion with funds appropriated for the purposes of

this act shall become the property of the state of New York and shall be

provided without fee to any tourist promotion agency for use in

advertising purchased with funds appropriated for the purposes of this

act. This section shall not be construed as license for tourist

promotion agencies to use in toto advertising developed by the agency or

agencies under contract to the department. It shall be the

responsibility of the commissioner to determine those constructs which

must be present to maintain necessary continuity in central conceptual

themes in advertising purchased with funds provided for the purposes of

this act.