S T A T E O F N E W Y O R K
________________________________________________________________________
2207
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. MORELLE, DESTITO, DelMONTE, CYMBROWITZ, CAHILL,
CLARK, BOYLAND, PEOPLES, ROBINSON, BENJAMIN, KOON -- Multi-Sponsored
by -- M. of A. BRENNAN, COLTON, FIELDS, GALEF, GREENE, GUNTHER, McENE-
NY, SCHIMMINGER, SWEENEY, TOWNS, WRIGHT -- 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 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 WHOSE MEMBERS REPRESENT COUNTY, STATEWIDE, AND LOCAL
GOVERNMENT JURISDICTIONS FOR THE PURPOSE OF ATTRACTING INVESTMENT AND
JOBS TO THE REGIONS THEY REPRESENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04921-01-9
A. 2207 2
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
IMAGING.
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
INSURE 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 NEW
YORK 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. 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:
A. PARTICIPATION AT KEY INTERNATIONAL AND DOMESTIC TRADE SHOWS AND
INDUSTRY CONFERENCES.
B. DEVELOPMENT OF TARGETED INDUSTRY PROFILES AND OTHER PRIMARY
RESEARCH ON TARGETED INDUSTRIES.
C. DEVELOPMENT OF TARGETED INDUSTRY COLLATERAL MATERIAL.
D. ONE-ON-ONE MEETINGS WITH INDUSTRY DECISION MAKERS.
E. DIRECT MAIL TO CORPORATE, SITE LOCATION CONSULTANTS, AND OTHER KEY
DECISION MAKERS FOR TARGETED TECHNOLOGY SECTORS.
F. DEVELOPMENT OF NEW YORK LOVES NANO TECH, NEW YORK LOVES BIO TECH,
AND NEW YORK LOVES PHOTONICS WEB SITES.
G. ADVERTISING IN INFLUENTIAL TRADE AND OTHER PUBLICATIONS.
H. NEW YORK STATE TOURS WITH TARGETED INDUSTRY DECISION MAKERS.
I. 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.
J. 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.
(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
A. 2207 3
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:
(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 OF NEW YORK, 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 ARTI-
CLE.
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
not otherwise appropriated for services and expenses; including 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.