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A02934 Summary:

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A02934 Floor Votes:

A02934 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2934
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2009
                                       ___________
 
        Introduced  by M. of A. SCHIMMINGER, MARKEY, DelMONTE -- Multi-Sponsored
          by -- M. of A.  CHRISTENSEN, COOK, DESTITO,  ESPAILLAT,  GALEF,  HOYT,
          KOLB, MAGEE, MAGNARELLI, McENENY, SWEENEY -- read once and referred to
          the  Committee  on  Economic  Development,  Job Creation, Commerce and
          Industry
 

        AN ACT to amend the economic development law, in relation  to  providing
          matching funds for eligible applicants in regional marketing programs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The economic development law is amended  by  adding  a  new
     2  article 12-A to read as follows:
     3                                 ARTICLE 12-A
     4                         REGIONAL MARKETING PROGRAMS
     5  Section 245. Definitions.
     6          246. Matching funds for eligible applicants.
     7          247. Application process.
     8          248. Payments of funds to eligible applicants.
     9          249. Reporting requirements.
    10    §  245. Definitions. As used in this article, unless a different mean-

    11  ing appears from the context, the following words and terms  shall  have
    12  the following meanings:
    13    1.  "Eligible applicant" means any not-for-profit corporation or other
    14  nonprofit organization, association, or agency  that  is  designated  by
    15  resolution  of the several county legislatures or other governing bodies
    16  of counties within an economic development region of  the  state  estab-
    17  lished  pursuant  to section two hundred thirty of this chapter, or upon
    18  the designation of the city council of the city of New York, as an agen-
    19  cy authorized to  make  application  for  and  receive  grants  for  the
    20  purposes specified in this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD03804-01-9
        A. 2934                             2
 
     1    2.  "Recognized  advertising"  means media advertising and promotional
     2  materials to be broadcast, disseminated,  or  otherwise  distributed  in
     3  accordance with a plan approved by the commissioner.
     4    3.  "Region"  means an economic development region of the state estab-
     5  lished pursuant to section two hundred thirty of this chapter, an inter-
     6  national region, or a multi-state region.
     7    4. "Regional marketing program" means the use of media advertising and
     8  promotional  materials  for  purposes  of  marketing:  (a)  the  natural

     9  resources,  infrastructure,  and other attractions of a region which are
    10  non-proprietary in nature and which serve to promote and  encourage  the
    11  location  and  development  of  new  businesses  within  the region; (b)
    12  products manufactured by strategic  alliances  of  businesses  within  a
    13  region;  and (c) other products manufactured in accordance with an offi-
    14  cial quality control program, which may include the use of  a  logo-type
    15  or similar advertising construct established by the legislature.
    16    5.  "Strategic  alliance"  means  an informal or formal association of
    17  businesses in a manufacturing industry established for  the  purpose  of
    18  solving  common problems and engaging in cooperative activities and that

    19  is considered to be critical to the economy of a region.
    20    § 246. Matching funds for eligible applicants. 1. The commissioner, in
    21  furtherance  of  the  objectives  of  the  regional  business  marketing
    22  program,  is  authorized  to match funds expended by eligible applicants
    23  for the purpose of implementation  of  regional  marketing  programs  as
    24  defined  in  subdivision  four of section two hundred forty-five of this
    25  article; provided, however, that:
    26    (a) no such matching funds shall exceed the sum of five hundred  thou-
    27  sand dollars or fifty percent of the total cost of implementation of the
    28  regional marketing plan, whichever is less;
    29    (b)  no  such  matching  funds shall be used for administrative costs,

    30  including salaries, associated with the  implementation  of  a  regional
    31  marketing plan;
    32    (c)  no  such matching funds shall be used for the direct benefit of a
    33  for-profit business unless  such  expenditure  shall  further  a  public
    34  purpose and have a clear, long-term benefit to the regional economy.
    35    2. The commissioner is authorized to match funds expended by an eligi-
    36  ble applicant if the eligible applicant represents one or more counties,
    37  but  fewer than each of the several counties, in a state economic devel-
    38  opment region.
    39    § 247. Application process. 1. The  commissioner,  upon  investigation
    40  and  receipt of certified copies of such resolutions as may be necessary

    41  to satisfy him or her that an eligible applicant has  been  duly  desig-
    42  nated  to  represent  a particular region, shall recognize such eligible
    43  applicant as the sole such applicant within such region.  In  the  event
    44  that each of the several counties within a region is unable or unwilling
    45  to  designate a single applicant to represent a particular region, or is
    46  unable or unwilling to encumber funds  pursuant to section  two  hundred
    47  forty-eight  of  this  article, one or more counties within a region may
    48  designate an eligible applicant to represent  a  particular  region.  In
    49  reviewing  such  applications,  the  commissioner  may select from among
    50  competing or overlapping applications the application that  the  commis-

    51  sioner considers to be of greater benefit to a particular region and the
    52  welfare of the people of the state.
    53    2.  The  commissioner is authorized to accept and set reasonable dead-
    54  lines for the submission of applications for each fiscal year covered by
    55  appropriations in order to match funds expended by  eligible  applicants
    56  for the purpose of the implementation of regional marketing programs. In
        A. 2934                             3
 
     1  reviewing  and  selecting  applications  from  eligible  applicants  for
     2  assistance under this program, the commissioner shall ensure  that  each
     3  application  for  such  funds shall have therein set forth the schedule,
     4  budget,  scope,  and theme of the proposed regional marketing program to

     5  be undertaken for the purpose of encouraging  and  stimulating  business
     6  development and economic activity within the region of the state.
     7    3.  For  the  purpose of promoting interregional economic development,
     8  the commissioner may approve applications duly submitted by one or  more
     9  counties  in each of at least two state economic development regions. In
    10  approving such applications, the commissioner shall determine that  such
    11  applications  are  of greater benefit to one or more counties in each of
    12  at least two regions of the state and to the welfare of  the  people  of
    13  the  state  than  applications  submitted pursuant to subdivision one of
    14  this section.
    15    4. Nothing shall limit an eligible applicant from creating a  regional

    16  marketing program with another state, territory, protectorate, dependen-
    17  cy, or country.
    18    §  248.  Payments  of funds to eligible applicants. 1. Upon submission
    19  and approval of each application and the authorization of funds  by  the
    20  commissioner in accordance therewith, the commissioner shall give notice
    21  to  the  eligible applicant of such approval and authorization and shall
    22  direct such eligible applicant to proceed  with  its  proposed  business
    23  marketing  program  as described in its application. Upon the furnishing
    24  of satisfactory evidence to  the  department  that  the  several  county
    25  legislatures  or  other  governing  bodies  of the counties, or the city
    26  council of the city of New York,  identified  in  the  application  have

    27  encumbered funds in the amount committed and approved by the commission-
    28  er,  the state matching funds allocated to such eligible applicant shall
    29  be paid, from the funds appropriated for such purpose, pursuant to  this
    30  article.    Any  state  funds so paid may be expended only on a matching
    31  basis and only within twelve months of such payment, unless an extension
    32  of time has been requested and, upon showing of good cause,  granted  by
    33  the commissioner.
    34    2. No advertising or marketing funded for the purposes of this article
    35  shall  contain  reference  to  or the name of any public official of the
    36  state of New York or its political  subdivisions.  "Reference"  includes
    37  but  is  not  limited to photographs, drawings, caricatures, quotations,

    38  invitations, signatures, endorsements, or sound or video recordings.
    39    3. Any logotype, special printing characters, slogan, or  like  device
    40  developed  by the department pursuant to an advertising construct estab-
    41  lished by the legislature used  to  identify  products  manufactured  in
    42  accordance  with  an  official  quality  control  program  as  part of a
    43  regional business marketing program shall become  the  property  of  the
    44  state  of  New  York,  and its use may be subject to additional require-
    45  ments, as and if deemed necessary by the legislature.
    46    § 249.   Reporting  requirements.  1.  In  accordance  with  generally
    47  accepted accounting principles, each eligible applicant shall furnish an

    48  annual  financial  statement  to the commissioner. Such reports shall be
    49  submitted on or before January first of each year.
    50    2. The department shall annually, on or before March first, submit  to
    51  the  governor, the temporary president of the senate, and the speaker of
    52  the assembly a report on the activities of the regional business market-
    53  ing matching funds program. Such report shall include a summary  of  the
    54  financial  statements  received  by  the department from eligible appli-
    55  cants, a summary of activities conducted  by  eligible  applicants,  and
    56  analyses  of  the  effectiveness  of the program in stimulating economic
        A. 2934                             4
 

     1  growth and job creation. As a product of such analyses,  the  department
     2  shall  compile  and  disseminate  to  each eligible applicant a list and
     3  description of best practices in order to further promote and  encourage
     4  the  location  and  development  of  new businesses in the state and the
     5  expansion and development of new markets for New York products.
     6    § 2. This act shall take effect immediately.