senate Bill S2335

2013-2014 Legislative Session

Creates a high tech marketing program; appropriation

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Archive: Last Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to finance
Jan 16, 2013 referred to finance

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S2335 - Bill Details

Current Committee:
Law Section:
Appropriations
Laws Affected:
Add Art 11-B ยงยง239-a - 239-e, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S993
2009-2010: S6331

S2335 - Bill Texts

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Creates a high tech marketing program; requires the creation of an advisory committee; provides for funds on a matching basis to established regional economic development marketing coalitions; makes an appropriation therefor.

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BILL NUMBER:S2335

TITLE OF BILL: An act to amend the economic development law, in
relation to creating a high tech marketing program; and making an
appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
encourage and stimulate business development and economic activity in
the targeted high technology sectors within New York State.

SUMMARY OF SPECIFIC PROVISIONS: This legislation would establish a
high-tech marketing program in the areas of nano-technology,
biotechnology, and photonics, optics, and imaging. The bill Would also
provide funds on a matching basis to established regional economic
development marketing coalitions.

* $3 million would be allocated for three distinct business attraction
marketing programs focusing on nano-technology, bio-technology, and
photonics, imaging, and optics. Targets would be primary and supplier
manufacturers in targeted industries. Program elements would include:

* Participation at key international and domestic trade shows and
industry conferences.

* Development of targeted industry profiles and other primary research
on targeted industries.

* Development of targeted industry collateral material.

* One-on-one meetings with industry decision makers.

* Direct mail to corporate, site location consultants, and other key
decision makers for targeted technology sectors

* Development of New York Nano Tech, New York Bio Tech, and New York
photonics web sites.

* Advertising in influential trade and other publications.

* NYS tours with targeted industry decision makers.

* $2 million invested on a competitive matched basis to regional
market- ing corporations. ($500,000 awarded to four regional marketing
coalitions annually.)

JUSTIFICATION: New York's colleges and universities invested a record
$2.43 billion in research and development in 2001, an investment that
will lead to the creation of new technologies, new companies and new
jobs for New Yorkers. In the last five years, New York State has
invested more than $2 billion in university-based R&D initiatives
through programs such as GeNYsis, Centers of Excellence, and RESTORE
NY. New York State continues to build its economy through strategic
investments in job-creating high technology innovations and
initiatives. The funding of R&D at New York's prestigious, world-class
colleges and universities will foster future economic growth in the
State.


Unfortunately, while New York invests more than $20 million annually
to attract tourists to our state and communities, it invests nothing
to market its high tech advantages. Consequently, the quality and
breadth of New York's high tech assets are a relatively well-kept
secret.

Given the importance the state has placed on its high tech investment
strategy, and the critical role those investments are playing in
developing regional economies, New York should establish a robust
marketing program that promotes both statewide advantages and regional
strengths.

The proposal will accommodate and meet statewide high tech marketing
needs, and provide funds on a matching basis to established regional
economic development marketing coalitions so that sectional advantages
can also be promoted. Regional high tech marketing activities funded
through this program would be consistent and coordinated with the
statewide marketing program.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 993 - Referred to Finance 2010 -
S.6331 Committed to Commerce Development 2008 - A.2527 Referred to
Economic Development 2006 - A.3429 Referred to Economic Development
2004 - A.10989 Referred to Economic Development

FISCAL IMPLICATIONS: $5 million.

EFFECTIVE DATE: Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2335

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN  ACT to amend the economic development law, in relation to creating a
  high tech marketing program; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  economic  development law is amended by adding a new
article 11-B to read as follows:

                              ARTICLE 11-B
                       HIGH TECH MARKETING PROGRAM

SECTION 239-A. DEFINITIONS.
        239-B. APPLICATION.
        239-C. USE OF FUNDS.
        239-D. ADVISORY COMMITTEE.
        239-E. REPORTING REQUIREMENTS.
  S 239-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ELIGIBLE APPLICANT" SHALL MEAN A  STATEWIDE  ECONOMIC  DEVELOPMENT
NOT-FOR-PROFIT ORGANIZATION ESTABLISHED TO PROMOTE THE ECONOMIC DEVELOP-
MENT  OF THE STATE AND ITS COMMUNITIES, ENCOURAGE SOUND PRACTICES IN THE
CONDUCT OF REGIONAL AND STATEWIDE DEVELOPMENT PROGRAMS, AND  TO  DEVELOP
EDUCATION  PROGRAMS  THAT ENHANCE THE PROFESSIONAL DEVELOPMENT SKILLS OF
ITS MEMBERS, AND THE MEMBERS OF WHICH REPRESENT  COUNTY,  STATEWIDE  AND
LOCAL  GOVERNMENT JURISDICTIONS FOR THE PURPOSE OF ATTRACTING INVESTMENT
AND JOBS TO THE REGIONS THEY REPRESENT.
  2. "STATEWIDE HIGH TECH MARKETING PROGRAM" SHALL MEAN A  PROGRAM  THAT
PROMOTES  THE  STATE'S  STRENGTHS AND ASSETS IN THE FOLLOWING TECHNOLOGY
SECTORS: NANO-TECHNOLOGY; BIOTECHNOLOGY; AND PHOTONICS, OPTICS AND IMAG-
ING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06595-01-3

S. 2335                             2

  3.  "REGIONAL  BUSINESS  MARKETING   CORPORATION"   SHALL   MEAN   ANY
NOT-FOR-PROFIT  CORPORATION CREATED FOR THE PRIMARY PURPOSE OF MARKING A
MULTI-COUNTY REGION OF THE STATE FOR THE PURPOSE OF  ATTRACTING  PRIVATE
SECTOR  INVESTMENT  AND CREATING JOBS, AND WHICH HAS RECEIVED THE FINAN-
CIAL SUPPORT OF AT LEAST THREE COUNTY GOVERNMENTS.
  S  239-B.  APPLICATION. THE COMMISSIONER SHALL, WITHIN THREE MONTHS OF
THE EFFECTIVE DATE OF THIS ARTICLE, IMPLEMENT A  REQUEST  FOR  PROPOSALS
PROCESS  FOR  SELECTING  THE  ELIGIBLE APPLICANT. THE COMMISSIONER SHALL
ENSURE THAT THE APPLICATION OF THE  WINNING  APPLICANT  FOR  SUCH  FUNDS
SHALL  HAVE  SET  FORTH  THE  SCHEDULE, BUDGET, SCOPE, USES OF FUNDS AND
THEME OF THE PROPOSED STATEWIDE MARKETING PROGRAM TO BE  UNDERTAKEN  FOR
THE  PURPOSE  OF  ENCOURAGING  AND  STIMULATING BUSINESS DEVELOPMENT AND
ECONOMIC ACTIVITY IN THE TARGETED HIGH  TECHNOLOGY  SECTORS  WITHIN  THE
STATE  AND ITS REGIONS. THE APPROPRIATION FOR THIS PROGRAM SHALL BE PAID
TO THE WINNING APPLICANT WITHIN SIXTY DAYS OF ITS SELECTION.
  S 239-C. USE OF FUNDS. 1. A. THREE MILLION DOLLARS OF THE FUNDS MAY BE
USED BY THE SELECTED APPLICANT TO DEVELOP AND IMPLEMENT A STATEWIDE HIGH
TECH MARKETING PROGRAM, AND MAY BE USED FOR THE FOLLOWING PURPOSES:
  (I) PARTICIPATION AT KEY INTERNATIONAL AND DOMESTIC  TRADE  SHOWS  AND
INDUSTRY CONFERENCES;
  (II)  DEVELOPMENT  OF  TARGETED  INDUSTRY  PROFILES  AND OTHER PRIMARY
RESEARCH ON TARGETED INDUSTRIES;
  (III) DEVELOPMENT OF TARGETED INDUSTRY COLLATERAL MATERIAL;
  (IV) ONE-ON-ONE MEETINGS WITH INDUSTRY DECISION MAKERS;
  (V) DIRECT MAIL TO CORPORATE, SITE LOCATION CONSULTANTS AND OTHER  KEY
DECISION MAKERS FOR TARGETED TECHNOLOGY SECTORS;
  (VI) DEVELOPMENT OF NEW YORK LOVES NANO TECH, NEW YORK LOVES BIO TECH,
AND NEW YORK LOVES PHOTONICS WEB SITES;
  (VII) ADVERTISING IN INFLUENTIAL TRADE AND OTHER PUBLICATIONS; AND
  (VIII) STATE TOURS WITH TARGETED INDUSTRY DECISION MAKERS.
  B.  ALL FUNDS AWARDED TO THE WINNING APPLICANT MUST BE EXPENDED WITHIN
TWELVE MONTHS, UNLESS AN EXTENSION OF TIME IS REQUESTED AND, UPON  SHOW-
ING OF GOOD CAUSE, GRANTED BY THE DEPARTMENT.
  C.  NO  MORE  THAN TEN PERCENT OF THE TOTAL AMOUNT OF FUNDS AWARDED TO
THE SELECTED  APPLICANT  SHALL  BE  USED  FOR  ADMINISTRATIVE  PURPOSES,
INCLUDING  SALARIES  ASSOCIATED  WITH IMPLEMENTING A STATEWIDE HIGH TECH
MARKETING PROGRAM.
  2. TWO MILLION DOLLARS OF THE FUNDS MAY BE  AWARDED  BY  THE  SELECTED
APPLICANT  ON  A  MATCHING  BASIS TO NO MORE THAN FOUR ELIGIBLE BUSINESS
REGIONAL MARKETING CORPORATIONS FOR THE PURPOSE OF IMPLEMENTING BUSINESS
MARKETING INITIATIVES WITHIN THE TARGETED TECHNOLOGY SECTORS.
  A. THE SELECTED APPLICANT SHALL  ESTABLISH  A  REQUEST  FOR  PROPOSALS
PROCESS  FOR  SELECTING  REGIONAL  BUSINESS MARKETING CORPORATIONS TO BE
RECIPIENTS OF MATCHING GRANTS FROM THIS PROGRAM. THE  SELECTED  REGIONAL
BUSINESS MARKETING CORPORATIONS SHALL HAVE DEMONSTRATED THAT:
  (I) THE CORPORATION EXISTS IN LEGAL FORM;
  (II)  THE  CORPORATION  HAS SECURED AN AMOUNT EQUAL TO THE TOTAL MATCH
AWARDED BY THE SELECTED APPLICANT; AND
  (III) THE CORPORATION HAS RECEIVED AND IS RECEIVING FINANCIAL  SUPPORT
FROM AT LEAST COUNTY GOVERNMENTS FROM WITHIN ITS JURISDICTION.
  B.  APPLICATIONS  OF SELECTED REGIONAL BUSINESS MARKETING CORPORATIONS
SHALL HAVE SET FORTH THE SCHEDULE, BUDGET,  SCOPE,  USES  OF  FUNDS  AND
THEME  OF  THE PROPOSED STATEWIDE MARKETING PROGRAM TO BE UNDERTAKEN FOR
THE PURPOSE OF ENCOURAGING  AND  STIMULATING  BUSINESS  DEVELOPMENT  AND
ECONOMIC  ACTIVITY  IN  THE  TARGETED HIGH TECHNOLOGY SECTORS WITHIN THE
REGION, PROVIDED, HOWEVER, THAT:

S. 2335                             3

  (I) NO SUCH MATCHING FUNDS SHALL EXCEED THE SUM OF FIVE HUNDRED  THOU-
SAND DOLLARS;
  (II)  NO MATCHING FUNDS WILL BE USED FOR ADMINISTRATIVE COSTS, INCLUD-
ING SALARIES, ASSOCIATED WITH THE IMPLEMENTATION OF A REGIONAL HIGH TECH
BUSINESS MARKETING PROGRAM;
  (III) NO SUCH MATCHING FUNDS SHALL BE USED FOR THE DIRECT BENEFIT OF A
FOR-PROFIT BUSINESS UNLESS  SUCH  EXPENDITURE  SHALL  FURTHER  A  PUBLIC
PURPOSE AND HAVE A CLEAR, LONG-TERM BENEFIT TO THE REGIONAL ECONOMY;
  (IV)  THE USES OF THE FUNDS ARE CONSISTENT WITH THE BUSINESS MARKETING
PROGRAMS DEVELOPED AND IMPLEMENTED BY THE WINNING APPLICANT; AND
  (V) ALL FUNDS AWARDED  TO  REGIONAL  BUSINESS  MARKETING  CORPORATIONS
SHALL  BE EXPENDED WITHIN TWELVE MONTHS OF SUCH PAYMENT UNLESS AN EXTEN-
SION OF TIME IS REQUESTED AND, UPON SHOWING OF GOOD  CAUSE,  GRANTED  BY
THE WINNING APPLICANT.
  C.  NO ADVERTISING OR MARKETING FUNDED FOR THE PURPOSE OF THIS ARTICLE
SHALL CONTAIN REFERENCES TO OR THE NAME OF ANY PUBLIC  OFFICIAL  OF  THE
STATE, OR ITS POLITICAL SUBDIVISIONS. REFERENCE SHALL INCLUDE BUT NOT BE
LIMITED  TO  PHOTOGRAPHS,  DRAWINGS,  CARICATURES,  OR  SOUND  OR  VIDEO
RECORDINGS,  UNLESS  EXPRESSLY  AUTHORIZED  BY  THE  ADVISORY  COMMITTEE
DESCRIBED IN SECTION TWO HUNDRED THIRTY-NINE-D OF THIS ARTICLE.
  S  239-D. ADVISORY COMMITTEE. THE WINNING APPLICANT SHALL ESTABLISH AN
ADVISORY COMMITTEE CONSISTING OF  KEY  STAKEHOLDERS  TO  ADVISE  ON  THE
DEVELOPMENT  AND  IMPLEMENTATION  OF  A MARKETING PLAN FOR EACH TARGETED
INDUSTRY SECTOR. THE ADVISORY COMMITTEE SHALL CONSIST OF REPRESENTATIVES
OF REGIONAL  MARKETING  CORPORATIONS,  ECONOMIC  DEVELOPERS,  UNIVERSITY
REPRESENTATIVES, PRIVATE INDUSTRY, EMPIRE STATE DEVELOPMENT CORPORATION,
THE  SPEAKER  OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
THE CHAIRPERSON OF THE ADVISORY COMMITTEE SHALL BE SELECTED  FROM  AMONG
ALL ITS MEMBERS.
  S  239-E. REPORTING REQUIREMENTS. 1.  EACH REGIONAL BUSINESS MARKETING
CORPORATION SHALL PROVIDE AN ANNUAL FINANCIAL STATEMENT PREPARED ACCORD-
ING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES TO  THE  WINNING  APPLI-
CANT,  THE  COMMISSIONER,  THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE.
  2. THE WINNING APPLICANT SHALL PROVIDE AN ANNUAL  FINANCIAL  STATEMENT
PREPARED  ACCORDING  TO  GENERALLY ACCEPTED ACCOUNTING PRINCIPLES TO THE
COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
THE SENATE, AS WELL AS A PERFORMANCE REPORT INDICATING  HOW  FUNDS  WERE
EXPENDED, AND RESULTS OF THOSE EXPENDITURES.
  S  2. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of econom-
ic development from any moneys in the state treasury in the general fund
to the credit of the local assistance account  not  otherwise  appropri-
ated,  and made immediately available, for services and expenses includ-
ing the expenses of the department  of  economic  development,  for  the
purposes  of  carrying out the provisions of this act. Such sum shall be
payable on the audit and warrant of the state  comptroller  on  vouchers
certified  or  approved  by the commissioner of economic development, or
his or her duly designated representative in the manner provided by law.
  S 3. This act shall take effect immediately.

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