§ 152. "I Love NY" brand. 1. The department shall enact guidelines for
the use of the brand, which shall include measures to allow for the
expansion of the brand to fit niche and thematic marketing efforts. When
appropriate, the brand shall be applied to targeted promotional
initiatives, and shall be leased at no cost to any public benefit
corporation or not-for-profit, New York heritage trail tourism promotion
agency, convention and visitors bureau or local government.

2. The department shall annually cause to be conducted an analysis of
the effectiveness of the "I Love NY" brand on an ongoing basis as
determined to be necessary by the department, but no less than once
every five years.

3. Nothing in this article shall prohibit the department from
licensing and leasing the brand to any commercial entity, provided that
the appropriate market value for such lease is obtained.

4. Nothing in this article shall prohibit the department from revising
the "I Love NY" brand or establishing any number of new and appropriate
brands, provided that such changes are supported by at least one
independently conducted brand analysis survey.

5. Reporting requirements. The department shall annually, on or before
February first, submit to the governor, the temporary president of the
senate and the speaker of the assembly, the tourism advisory council and
the chairs of the senate and assembly standing committees concerned with
tourism a report on the department's activities related to the "I Love
NY" brand including but not limited to: (a) marketing plan including the
annual and long term goals, specific plans, target regions and
performance measures for marketing campaigns using the "I Love NY"
brand; (b) licensing activity including a list of all entities that
licensed the "I Love NY" brand and the total amount received from all
licensing activities; (c) contractual services including a list of each
entity providing services related to the "I Love NY" brand, the amount
charged, the nature of the services and the relationship of these
services to the department's marketing plan; (d) sponsorship activities
utilizing the brand; and (e) an analysis of the effectiveness of the "I
Love NY" brand based promotions in stimulating tourism and
recommendations for improved utilization of the brand.