Bill Text: NY A04819 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a high tech marketing program; requires the creation of an advisory committee; provides for funds on a matching basis to established regional economic development marketing coalitions; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A04819 Detail]
Download: New_York-2011-A04819-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4819
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
___________
Introduced by M. of A. MORELLE, DESTITO, CYMBROWITZ, CAHILL, CLARK,
BOYLAND, PEOPLES-STOKES, ROBINSON -- Multi-Sponsored by -- M. of A.
BRENNAN, COLTON, GALEF, GUNTHER, McENENY, SCHIMMINGER, SWEENEY, TOWNS,
WRIGHT -- read once and referred to the Committee on Economic Develop-
ment
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:
1 Section 1. The economic development law is amended by adding a new
2 article 11-B to read as follows:
3 ARTICLE 11-B
4 HIGH TECH MARKETING PROGRAM
5 SECTION 239-A. DEFINITIONS.
6 239-B. APPLICATION.
7 239-C. USE OF FUNDS.
8 239-D. ADVISORY COMMITTEE.
9 239-E. REPORTING REQUIREMENTS.
10 S 239-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
11 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
12 1. "ELIGIBLE APPLICANT" SHALL MEAN A STATEWIDE ECONOMIC DEVELOPMENT
13 NOT-FOR-PROFIT ORGANIZATION ESTABLISHED TO PROMOTE THE ECONOMIC DEVELOP-
14 MENT OF THE STATE AND ITS COMMUNITIES, ENCOURAGE SOUND PRACTICES IN THE
15 CONDUCT OF REGIONAL AND STATEWIDE DEVELOPMENT PROGRAMS, AND TO DEVELOP
16 EDUCATION PROGRAMS THAT ENHANCE THE PROFESSIONAL DEVELOPMENT SKILLS OF
17 ITS MEMBERS, AND THE MEMBERS OF WHICH REPRESENT COUNTY, STATEWIDE AND
18 LOCAL GOVERNMENT JURISDICTIONS FOR THE PURPOSE OF ATTRACTING INVESTMENT
19 AND JOBS TO THE REGIONS THEY REPRESENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04991-01-1
A. 4819 2
1 2. "STATEWIDE HIGH TECH MARKETING PROGRAM" SHALL MEAN A PROGRAM THAT
2 PROMOTES THE STATE'S STRENGTHS AND ASSETS IN THE FOLLOWING TECHNOLOGY
3 SECTORS: NANO-TECHNOLOGY; BIOTECHNOLOGY; AND PHOTONICS, OPTICS AND IMAG-
4 ING.
5 3. "REGIONAL BUSINESS MARKETING CORPORATION" SHALL MEAN ANY
6 NOT-FOR-PROFIT CORPORATION CREATED FOR THE PRIMARY PURPOSE OF MARKING A
7 MULTI-COUNTY REGION OF THE STATE FOR THE PURPOSE OF ATTRACTING PRIVATE
8 SECTOR INVESTMENT AND CREATING JOBS, AND WHICH HAS RECEIVED THE FINAN-
9 CIAL SUPPORT OF AT LEAST THREE COUNTY GOVERNMENTS.
10 S 239-B. APPLICATION. THE COMMISSIONER SHALL, WITHIN THREE MONTHS OF
11 THE EFFECTIVE DATE OF THIS ARTICLE, IMPLEMENT A REQUEST FOR PROPOSALS
12 PROCESS FOR SELECTING THE ELIGIBLE APPLICANT. THE COMMISSIONER SHALL
13 ENSURE THAT THE APPLICATION OF THE WINNING APPLICANT FOR SUCH FUNDS
14 SHALL HAVE SET FORTH THE SCHEDULE, BUDGET, SCOPE, USES OF FUNDS AND
15 THEME OF THE PROPOSED STATEWIDE MARKETING PROGRAM TO BE UNDERTAKEN FOR
16 THE PURPOSE OF ENCOURAGING AND STIMULATING BUSINESS DEVELOPMENT AND
17 ECONOMIC ACTIVITY IN THE TARGETED HIGH TECHNOLOGY SECTORS WITHIN THE
18 STATE AND ITS REGIONS. THE APPROPRIATION FOR THIS PROGRAM SHALL BE PAID
19 TO THE WINNING APPLICANT WITHIN SIXTY DAYS OF ITS SELECTION.
20 S 239-C. USE OF FUNDS. 1. A. THREE MILLION DOLLARS OF THE FUNDS MAY BE
21 USED BY THE SELECTED APPLICANT TO DEVELOP AND IMPLEMENT A STATEWIDE HIGH
22 TECH MARKETING PROGRAM, AND MAY BE USED FOR THE FOLLOWING PURPOSES:
23 (I) PARTICIPATION AT KEY INTERNATIONAL AND DOMESTIC TRADE SHOWS AND
24 INDUSTRY CONFERENCES;
25 (II) DEVELOPMENT OF TARGETED INDUSTRY PROFILES AND OTHER PRIMARY
26 RESEARCH ON TARGETED INDUSTRIES;
27 (III) DEVELOPMENT OF TARGETED INDUSTRY COLLATERAL MATERIAL;
28 (IV) ONE-ON-ONE MEETINGS WITH INDUSTRY DECISION MAKERS;
29 (V) DIRECT MAIL TO CORPORATE, SITE LOCATION CONSULTANTS AND OTHER KEY
30 DECISION MAKERS FOR TARGETED TECHNOLOGY SECTORS;
31 (VI) DEVELOPMENT OF NEW YORK LOVES NANO TECH, NEW YORK LOVES BIO TECH,
32 AND NEW YORK LOVES PHOTONICS WEB SITES;
33 (VII) ADVERTISING IN INFLUENTIAL TRADE AND OTHER PUBLICATIONS; AND
34 (VIII) STATE TOURS WITH TARGETED INDUSTRY DECISION MAKERS.
35 B. ALL FUNDS AWARDED TO THE WINNING APPLICANT MUST BE EXPENDED WITHIN
36 TWELVE MONTHS, UNLESS AN EXTENSION OF TIME IS REQUESTED AND, UPON SHOW-
37 ING OF GOOD CAUSE, GRANTED BY THE DEPARTMENT.
38 C. NO MORE THAN TEN PERCENT OF THE TOTAL AMOUNT OF FUNDS AWARDED TO
39 THE SELECTED APPLICANT SHALL BE USED FOR ADMINISTRATIVE PURPOSES,
40 INCLUDING SALARIES ASSOCIATED WITH IMPLEMENTING A STATEWIDE HIGH TECH
41 MARKETING PROGRAM.
42 2. TWO MILLION DOLLARS OF THE FUNDS MAY BE AWARDED BY THE SELECTED
43 APPLICANT ON A MATCHING BASIS TO NO MORE THAN FOUR ELIGIBLE BUSINESS
44 REGIONAL MARKETING CORPORATIONS FOR THE PURPOSE OF IMPLEMENTING BUSINESS
45 MARKETING INITIATIVES WITHIN THE TARGETED TECHNOLOGY SECTORS.
46 A. THE SELECTED APPLICANT SHALL ESTABLISH A REQUEST FOR PROPOSALS
47 PROCESS FOR SELECTING REGIONAL BUSINESS MARKETING CORPORATIONS TO BE
48 RECIPIENTS OF MATCHING GRANTS FROM THIS PROGRAM. THE SELECTED REGIONAL
49 BUSINESS MARKETING CORPORATIONS SHALL HAVE DEMONSTRATED THAT:
50 (I) THE CORPORATION EXISTS IN LEGAL FORM;
51 (II) THE CORPORATION HAS SECURED AN AMOUNT EQUAL TO THE TOTAL MATCH
52 AWARDED BY THE SELECTED APPLICANT; AND
53 (III) THE CORPORATION HAS RECEIVED AND IS RECEIVING FINANCIAL SUPPORT
54 FROM AT LEAST COUNTY GOVERNMENTS FROM WITHIN ITS JURISDICTION.
55 B. APPLICATIONS OF SELECTED REGIONAL BUSINESS MARKETING CORPORATIONS
56 SHALL HAVE SET FORTH THE SCHEDULE, BUDGET, SCOPE, USES OF FUNDS AND
A. 4819 3
1 THEME OF THE PROPOSED STATEWIDE MARKETING PROGRAM TO BE UNDERTAKEN FOR
2 THE PURPOSE OF ENCOURAGING AND STIMULATING BUSINESS DEVELOPMENT AND
3 ECONOMIC ACTIVITY IN THE TARGETED HIGH TECHNOLOGY SECTORS WITHIN THE
4 REGION, PROVIDED, HOWEVER, THAT:
5 (I) NO SUCH MATCHING FUNDS SHALL EXCEED THE SUM OF FIVE HUNDRED THOU-
6 SAND DOLLARS;
7 (II) NO MATCHING FUNDS WILL BE USED FOR ADMINISTRATIVE COSTS, INCLUD-
8 ING SALARIES, ASSOCIATED WITH THE IMPLEMENTATION OF A REGIONAL HIGH TECH
9 BUSINESS MARKETING PROGRAM;
10 (III) NO SUCH MATCHING FUNDS SHALL BE USED FOR THE DIRECT BENEFIT OF A
11 FOR-PROFIT BUSINESS UNLESS SUCH EXPENDITURE SHALL FURTHER A PUBLIC
12 PURPOSE AND HAVE A CLEAR, LONG-TERM BENEFIT TO THE REGIONAL ECONOMY;
13 (IV) THE USES OF THE FUNDS ARE CONSISTENT WITH THE BUSINESS MARKETING
14 PROGRAMS DEVELOPED AND IMPLEMENTED BY THE WINNING APPLICANT; AND
15 (V) ALL FUNDS AWARDED TO REGIONAL BUSINESS MARKETING CORPORATIONS
16 SHALL BE EXPENDED WITHIN TWELVE MONTHS OF SUCH PAYMENT UNLESS AN EXTEN-
17 SION OF TIME IS REQUESTED AND, UPON SHOWING OF GOOD CAUSE, GRANTED BY
18 THE WINNING APPLICANT.
19 C. NO ADVERTISING OR MARKETING FUNDED FOR THE PURPOSE OF THIS ARTICLE
20 SHALL CONTAIN REFERENCES TO OR THE NAME OF ANY PUBLIC OFFICIAL OF THE
21 STATE, OR ITS POLITICAL SUBDIVISIONS. REFERENCE SHALL INCLUDE BUT NOT BE
22 LIMITED TO PHOTOGRAPHS, DRAWINGS, CARICATURES, OR SOUND OR VIDEO
23 RECORDINGS, UNLESS EXPRESSLY AUTHORIZED BY THE ADVISORY COMMITTEE
24 DESCRIBED IN SECTION TWO HUNDRED THIRTY-NINE-D OF THIS ARTICLE.
25 S 239-D. ADVISORY COMMITTEE. THE WINNING APPLICANT SHALL ESTABLISH AN
26 ADVISORY COMMITTEE CONSISTING OF KEY STAKEHOLDERS TO ADVISE ON THE
27 DEVELOPMENT AND IMPLEMENTATION OF A MARKETING PLAN FOR EACH TARGETED
28 INDUSTRY SECTOR. THE ADVISORY COMMITTEE SHALL CONSIST OF REPRESENTATIVES
29 OF REGIONAL MARKETING CORPORATIONS, ECONOMIC DEVELOPERS, UNIVERSITY
30 REPRESENTATIVES, PRIVATE INDUSTRY, EMPIRE STATE DEVELOPMENT CORPORATION,
31 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
32 THE CHAIRPERSON OF THE ADVISORY COMMITTEE SHALL BE SELECTED FROM AMONG
33 ALL ITS MEMBERS.
34 S 239-E. REPORTING REQUIREMENTS. 1. EACH REGIONAL BUSINESS MARKETING
35 CORPORATION SHALL PROVIDE AN ANNUAL FINANCIAL STATEMENT PREPARED ACCORD-
36 ING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES TO THE WINNING APPLI-
37 CANT, THE COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
38 PRESIDENT OF THE SENATE.
39 2. THE WINNING APPLICANT SHALL PROVIDE AN ANNUAL FINANCIAL STATEMENT
40 PREPARED ACCORDING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES TO THE
41 COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
42 THE SENATE, AS WELL AS A PERFORMANCE REPORT INDICATING HOW FUNDS WERE
43 EXPENDED, AND RESULTS OF THOSE EXPENDITURES.
44 S 2. The sum of five million dollars ($5,000,000), or so much thereof
45 as may be necessary, is hereby appropriated to the department of econom-
46 ic development from any moneys in the state treasury in the general fund
47 to the credit of the local assistance account not otherwise appropri-
48 ated, and made immediately available, for services and expenses includ-
49 ing the expenses of the department of economic development, for the
50 purposes of carrying out the provisions of this act. Such sum shall be
51 payable on the audit and warrant of the state comptroller on vouchers
52 certified or approved by the commissioner of economic development, or
53 his or her duly designated representative in the manner provided by law.
54 S 3. This act shall take effect immediately.
