New York Consolidated Laws, Economic Development Law - COM § 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.