N.Y. Economic Development Law § 360: Division of science, technology and innovation

§ 360. Division of science, technology and innovation. 1. Economic

development efficiency. In order to promote economic development

efficiency in the state of New York, the transfer of powers, functions

and affairs of the New York state foundation for science, technology and

innovation is hereby authorized and there is hereby created within the

department the division of science, technology and innovation.

Notwithstanding the foregoing, the small business technology investment

fund and cash assets of the New York state foundation for science,

technology and innovation shall be transferred to the urban development

corporation pursuant to subdivision twelve of this section.

2. Transfer of powers of the New York state foundation for science,

technology and innovation. The functions and powers possessed by and all

of the obligations and duties of the New York state foundation for

science, technology and innovation, as established pursuant to article

ten-A of the public authorities law and article ten-B of the executive

law, with the exception of the small business technology investment fund

and cash assets of the New York state foundation for science, technology

and innovation shall be transferred and assigned to, and assumed by and

devolved upon, the department. Notwithstanding the foregoing, any

programs specified in law to be administered by the New York state

foundation for science, technology and innovation shall be administered

by the department only to the extent of available appropriations.

3. Abolition of the New York state foundation for science, technology

and innovation. Upon the transfer pursuant to subdivisions two and

twelve of this section of the functions and powers possessed by and all

of the obligations and duties of the New York state foundation for

science, technology and innovation, as established pursuant to article

ten-A of the public authorities law and article ten-B of the executive

law, the New York state foundation for science, technology and

innovation shall be abolished.

3-a. Notwithstanding any other provision of law, rule, or regulation

to the contrary, upon the transfer of functions from the New York state

foundation for science, technology and innovation pursuant to this

section, employees of the New York state foundation for science,

technology and innovation, as determined by the commissioner in his or

her discretion, who are necessary to the continuation of the transferred

functions and substantially engaged in the performance of the

transferred functions shall be transferred to the department. Employees

transferred pursuant to this section shall be transferred without

further examination or qualification and shall retain their respective

civil service classifications or the equivalent thereof.

4. Continuity of authority of the New York state foundation for

science, technology and innovation. Except as herein otherwise provided,

upon the transfer pursuant to subdivisions two and twelve of this

section of the functions and powers possessed by and all of the

obligations and duties of the New York state foundation for science,

technology and innovation as established pursuant to such provisions of

the executive law and the public authorities law to the department as

prescribed by subdivision two of this section and to the urban

development corporation pursuant to subdivision twelve of this section

for the purpose of succession of all functions, powers, duties and

obligations of the New York state foundation for science, technology and

innovation, the department and the urban development corporation, as

appropriate shall be deemed to and be held to constitute the

continuation of such functions, powers, duties and obligations and not a

different agency or authority.

5. Transfer of records of the New York state foundation for science,

technology and innovation. Upon the transfer pursuant to subdivisions

two and twelve of this section of the functions and powers possessed by

and all of the obligations and duties of the New York state foundation

for science, technology and innovation as established pursuant to such

provisions of the executive law and the public authorities law to the

department as prescribed by subdivision two of this section and to the

urban development corporation pursuant to subdivision twelve of this

section, all books, papers, records and property pertaining to the New

York state foundation for science, technology and innovation shall be

transferred to and maintained by the department and the urban

development corporation, as appropriate.

6. Completion of unfinished business of the New York state foundation

for science, technology and innovation. Upon the transfer pursuant to

subdivisions two and twelve of this section of the functions and powers

possessed by and all of the obligations and duties of the New York state

foundation for science, technology and innovation as established

pursuant to such provisions of the executive law and the public

authorities law to the department as prescribed by subdivision two of

this section and to the urban development corporation pursuant to

subdivision twelve of this section, any business or other matter

undertaken or commenced by the New York state foundation for science,

technology and innovation pertaining to or connected with the functions,

powers, obligations and duties so transferred and assigned to the

department may be conducted or completed by the department and the urban

development corporation, as appropriate.

7. Terms occurring in laws, contracts or other documents of or

pertaining to the New York state foundation for science, technology and

innovation. Upon the transfer pursuant to subdivisions two and twelve of

this section of the functions and powers possessed by and all of the

obligations and duties of the New York state foundation for science,

technology and innovation as established pursuant to such provisions of

the executive law and the public authorities law, whenever the New York

state foundation for science, technology and innovation and the

executive director thereof, the functions, powers, obligations and

duties of which are transferred to the department and the urban

development corporation are referred to or designated in any law,

contract or document pertaining to the functions, powers, obligations

and duties transferred and assigned pursuant to this section, such

reference or designation shall be deemed to refer to the department and

its commissioner or the urban development corporation and its president

and chief executive officer, as appropriate, or his or her designee.

8. Existing rights and remedies of or pertaining to the New York state

foundation for science, technology and innovation preserved. Upon the

transfer pursuant to subdivisions two and twelve of this section of the

functions and powers possessed by and all of the obligations and duties

of the New York state foundation for science, technology and innovation

as established pursuant to the executive law and the public authorities

law to the department as prescribed by subdivision two of this section

and to the urban development corporation pursuant to subdivision twelve

of this section, no existing right or remedy of the state, including the

New York state foundation for science, technology and innovation, shall

be lost, impaired or affected by reason of this section.

9. Pending actions and proceedings of or pertaining to the New York

state foundation for science, technology and innovation. Upon the

transfer pursuant to subdivisions two and twelve of this section of the

functions and powers possessed by and all of the obligations and duties

of the New York state foundation for science, technology and innovation

as established pursuant to such provisions of the executive law and the

public authorities law transfer to the department as prescribed by

subdivision two of this section and to the urban development corporation

pursuant to subdivision twelve of this section, no action or proceeding

pending on the effective date of this section, brought by or against the

New York state foundation for science, technology and innovation or

executive director thereof shall be affected by any provision of this

section, but the same may be prosecuted or defended in the name of the

department or the urban development corporation, as appropriate. In all

such actions and proceedings, the department and the urban development

corporation, as appropriate, upon application to the court, shall be

substituted as a party.

10. Continuation of rules and regulations of or pertaining to the New

York state foundation for science, technology and innovation. Upon the

transfer pursuant to subdivisions two and twelve of this section of the

functions and powers possessed by and all the obligations and duties of

the New York state foundation for science, technology and innovation as

established pursuant to such provisions of the executive law and the

public authorities law transfer to the department as prescribed by

subdivision two of this section and to the urban development corporation

pursuant to subdivision twelve of this section, all rules, regulations,

acts, determinations and decisions of the New York state foundation for

science, technology and innovation, pertaining to the functions

transferred and assigned by this section to the department and the urban

development corporation, as appropriate, in force at the time of such

transfer, assignment, assumption and devolution shall continue in force

and effect as rules, regulations, acts, determinations and decisions of

the department and the urban development corporation, as appropriate,

until duly modified or repealed.

11. Transfer of appropriations heretofore made to the New York state

foundation for science, technology and innovation. Upon the transfer

pursuant to subdivisions two and twelve of this section of the functions

and powers possessed by and all of the obligations and duties of the New

York state foundation for science, technology and innovation as

established pursuant to such provisions of the executive law and the

public authorities law to the department as prescribed by subdivision

two of this section and to the urban development corporation pursuant to

subdivision twelve of this section, all appropriations and

reappropriations which shall have been made available as of the date of

such transfer to the New York state foundation for science, technology

and innovation or segregated pursuant to law, to the extent of remaining

unexpended or unencumbered balances thereof, whether allocated or

unallocated and whether obligated or unobligated, shall be transferred

to and made available for use and expenditure by the department or the

urban development corporation as deemed appropriate by the commissioner

and shall be payable on vouchers certified or approved by the

commissioner of taxation and finance, on audit and warrant of the

comptroller. Payments of liabilities for expenses of personal services,

maintenance and operation which shall have been incurred as of the date

of such transfer by the New York state foundation for science,

technology and innovation, and for liabilities incurred and to be

incurred in completing its affairs shall also be made on vouchers

certified or approved by the commissioner, on audit and warrant of the

comptroller.

12. Transfer of certain assets and liabilities. Upon the transfer

pursuant to subdivision two of this section of the functions and powers

possessed by and all the obligations and duties of the New York state

foundation for science, technology and innovation, as established

pursuant to article ten-A of the public authorities law and article

ten-B of the executive law as prescribed by subdivision two of this

section, all cash assets of the New York state foundation for science,

technology and innovation, and all assets, records, and liabilities of

the small business technology investment fund (SBTIF) established

pursuant to appropriations made by various chapters of the law

including, but not limited to chapter fifty-three of the laws of

nineteen hundred eighty-one, chapter fifty-three of the laws of nineteen

hundred eighty-five, chapter fifty-three of the laws of nineteen hundred

eighty-six, chapter fifty-three of the laws of nineteen hundred

eighty-seven, chapter fifty-three of the laws of nineteen hundred

eighty-eight, chapter fifty-three of the laws of nineteen hundred

eighty-nine, chapter fifty-three of the laws of nineteen hundred ninety,

chapter fifty-three of the laws of nineteen hundred ninety-one, chapter

fifty-three of the laws of nineteen hundred ninety-two, chapter

fifty-three of the laws of nineteen hundred ninety-three, chapter

fifty-three of the laws of nineteen hundred ninety-four, and chapter

fifty-three of the laws of nineteen hundred ninety-five shall be

transferred to the urban development corporation.

13. Severability. If any clause, sentence, paragraph or part of this

section shall be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph or part thereof directly involved in the controversy

in which such judgment shall have been rendered.