Payment of funds to tourist promotion agencies

§ 165. Payment of funds to tourist promotion agencies. (a) Upon\nsubmission and approval of each application and the authorization of\nfunds by the commissioner in accordance therewith, the commissioner\nshall give notice to the particular tourist promotion agency of such\napproval and authorization, and shall direct such agency to proceed with\nits proposed advertising program as described in its application. Upon\nthe furnishing of satisfactory evidence to the department that the\nparticular tourist promotion agency has encumbered funds in the amount\ncommitted and approved by the commissioner, the state matching funds\nallocated to such agency shall be paid from the funds appropriated for\nsuch purpose pursuant to this act. Any state funds so paid may be\nexpended only on a matching basis and only within twelve months of such\npayment unless an extension of time has been applied for and, upon\nshowing of good cause, granted by the commissioner.\n (b) No advertising or promotion funded for the purposes of this act\nshall contain reference to or the name of any public official of the\nstate of New York, or its political subdivisions. Reference shall\ninclude but not be limited to photographs, drawings, caricatures,\nquotations, invitations, signatures, endorsements or sound recordings.\n (c) Any logotype, special printing characters, slogan or like device\ndeveloped by any advertising agency hired by the department and used in\nadvertising and promotion with funds appropriated for the purposes of\nthis act shall become the property of the state of New York and shall be\nprovided without fee to any tourist promotion agency for use in\nadvertising purchased with funds appropriated for the purposes of this\nact. This section shall not be construed as license for tourist\npromotion agencies to use in toto advertising developed by the agency or\nagencies under contract to the department. It shall be the\nresponsibility of the commissioner to determine those constructs which\nmust be present to maintain necessary continuity in central conceptual\nthemes in advertising purchased with funds provided for the purposes of\nthis act.\n