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This entry was published on 2014-09-22
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SECTION 165
Payment of funds to tourist promotion agencies
Economic Development Law (COM) CHAPTER 15, ARTICLE 5-A
§ 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.