§ 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.