Section 165. Payment of funds to tourist promotion agencies

(a) Upon
  submission and approval of each application  and  the  authorization  of
  funds  by  the  commissioner  in  accordance therewith, the commissioner
  shall give notice to the particular tourist  promotion  agency  of  such
  approval and authorization, and shall direct such agency to proceed with
  its  proposed advertising program as described in its application.  Upon
  the furnishing of satisfactory  evidence  to  the  department  that  the
  particular  tourist  promotion agency has encumbered funds in the amount
  committed and approved by the commissioner,  the  state  matching  funds
  allocated  to  such agency shall be paid from the funds appropriated for
  such purpose pursuant to this act.  Any  state  funds  so  paid  may  be
  expended  only on a matching basis and only within twelve months of such
  payment unless an extension of time  has  been  applied  for  and,  upon
  showing of good cause, granted by the commissioner.
    (b)  No  advertising  or promotion funded for the purposes of this act
  shall contain reference 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,
  quotations, invitations, signatures, endorsements or sound recordings.
    (c)  Any  logotype, special printing characters, slogan or like device
  developed by any advertising agency hired by the department and used  in
  advertising  and  promotion  with funds appropriated for the purposes of
  this act shall become the property of the state of New York and shall be
  provided without  fee  to  any  tourist  promotion  agency  for  use  in
  advertising  purchased  with funds appropriated for the purposes of this
  act. This  section  shall  not  be  construed  as  license  for  tourist
  promotion agencies to use in toto advertising developed by the agency or
  agencies   under   contract   to   the   department.  It  shall  be  the
  responsibility of the commissioner to determine those  constructs  which
  must  be  present to maintain necessary continuity in central conceptual
  themes in advertising purchased with funds provided for the purposes  of
  this act.