N.Y. COM Law § 360 — New York Code / Act COM / Article 18* / Section 360
Division of science, technology and innovation
Status: in_force

§ 360. Division of science, technology and innovation. 1. Economic\ndevelopment efficiency. In order to promote economic development\nefficiency in the state of New York, the transfer of powers, functions\nand affairs of the New York state foundation for science, technology and\ninnovation is hereby authorized and there is hereby created within the\ndepartment the division of science, technology and innovation.\nNotwithstanding the foregoing, the small business technology investment\nfund and cash assets of the New York state foundation for science,\ntechnology and innovation shall be transferred to the urban development\ncorporation pursuant to subdivision twelve of this section.\n  2. Transfer of powers of the New York state foundation for science,\ntechnology and innovation. The functions and powers possessed by and all\nof the obligations and duties of the New York state foundation for\nscience, technology and innovation, as established pursuant to article\nten-A of the public authorities law and article ten-B of the executive\nlaw, with the exception of the small business technology investment fund\nand cash assets of the New York state foundation for science, technology\nand innovation shall be transferred and assigned to, and assumed by and\ndevolved upon, the department. Notwithstanding the foregoing, any\nprograms specified in law to be administered by the New York state\nfoundation for science, technology and innovation shall be administered\nby the department only to the extent of available appropriations.\n  3. Abolition of the New York state foundation for science, technology\nand innovation. Upon the transfer pursuant to subdivisions two and\ntwelve of this section of the functions and powers possessed by and all\nof the obligations and duties of the New York state foundation for\nscience, technology and innovation, as established pursuant to article\nten-A of the public authorities law and article ten-B of the executive\nlaw, the New York state foundation for science, technology and\ninnovation shall be abolished.\n  3-a. Notwithstanding any other provision of law, rule, or regulation\nto the contrary, upon the transfer of functions from the New York state\nfoundation for science, technology and innovation pursuant to this\nsection, employees of the New York state foundation for science,\ntechnology and innovation, as determined by the commissioner in his or\nher discretion, who are necessary to the continuation of the transferred\nfunctions and substantially engaged in the performance of the\ntransferred functions shall be transferred to the department. Employees\ntransferred pursuant to this section shall be transferred without\nfurther examination or qualification and shall retain their respective\ncivil service classifications or the equivalent thereof.\n  4. Continuity of authority of the New York state foundation for\nscience, technology and innovation. Except as herein otherwise provided,\nupon the transfer pursuant to subdivisions two and twelve of this\nsection of the functions and powers possessed by and all of the\nobligations and duties of the New York state foundation for science,\ntechnology and innovation as established pursuant to such provisions of\nthe executive law and the public authorities law to the department as\nprescribed by subdivision two of this section and to the urban\ndevelopment corporation pursuant to subdivision twelve of this section\nfor the purpose of succession of all functions, powers, duties and\nobligations of the New York state foundation for science, technology and\ninnovation, the department and the urban development corporation, as\nappropriate shall be deemed to and be held to constitute the\ncontinuation of such functions, powers, duties and obligations and not a\ndifferent agency or authority.\n  5. Transfer of records of the New York state foundation for science,\ntechnology and innovation. Upon the transfer pursuant to subdivisions\ntwo and twelve of this section of the functions and powers possessed by\nand all of the obligations and duties of the New York state foundation\nfor science, technology and innovation as established pursuant to such\nprovisions of the executive law and the public authorities law to the\ndepartment as prescribed by subdivision two of this section and to the\nurban development corporation pursuant to subdivision twelve of this\nsection, all books, papers, records and property pertaining to the New\nYork state foundation for science, technology and innovation shall be\ntransferred to and maintained by the department and the urban\ndevelopment corporation, as appropriate.\n  6. Completion of unfinished business of the New York state foundation\nfor science, technology and innovation. Upon the transfer pursuant to\nsubdivisions two and twelve of this section of the functions and powers\npossessed by and all of the obligations and duties of the New York state\nfoundation for science, technology and innovation as established\npursuant to such provisions of the executive law and the public\nauthorities law to the department as prescribed by subdivision two of\nthis section and to the urban development corporation pursuant to\nsubdivision twelve of this section, any business or other matter\nundertaken or commenced by the New York state foundation for science,\ntechnology and innovation pertaining to or connected with the functions,\npowers, obligations and duties so transferred and assigned to the\ndepartment may be conducted or completed by the department and the urban\ndevelopment corporation, as appropriate.\n  7. Terms occurring in laws, contracts or other documents of or\npertaining to the New York state foundation for science, technology and\ninnovation. Upon the transfer pursuant to subdivisions two and twelve of\nthis section of the functions and powers possessed by and all of the\nobligations and duties of the New York state foundation for science,\ntechnology and innovation as established pursuant to such provisions of\nthe executive law and the public authorities law, whenever the New York\nstate foundation for science, technology and innovation and the\nexecutive director thereof, the functions, powers, obligations and\nduties of which are transferred to the department and the urban\ndevelopment corporation are referred to or designated in any law,\ncontract or document pertaining to the functions, powers, obligations\nand duties transferred and assigned pursuant to this section, such\nreference or designation shall be deemed to refer to the department and\nits commissioner or the urban development corporation and its president\nand chief executive officer, as appropriate, or his or her designee.\n  8. Existing rights and remedies of or pertaining to the New York state\nfoundation for science, technology and innovation preserved. Upon the\ntransfer pursuant to subdivisions two and twelve of this section of the\nfunctions and powers possessed by and all of the obligations and duties\nof the New York state foundation for science, technology and innovation\nas established pursuant to the executive law and the public authorities\nlaw to the department as prescribed by subdivision two of this section\nand to the urban development corporation pursuant to subdivision twelve\nof this section, no existing right or remedy of the state, including the\nNew York state foundation for science, technology and innovation, shall\nbe lost, impaired or affected by reason of this section.\n  9. Pending actions and proceedings of or pertaining to the New York\nstate foundation for science, technology and innovation. Upon the\ntransfer pursuant to subdivisions two and twelve of this section of the\nfunctions and powers possessed by and all of the obligations and duties\nof the New York state foundation for science, technology and innovation\nas established pursuant to such provisions of the executive law and the\npublic authorities law transfer to the department as prescribed by\nsubdivision two of this section and to the urban development corporation\npursuant to subdivision twelve of this section, no action or proceeding\npending on the effective date of this section, brought by or against the\nNew York state foundation for science, technology and innovation or\nexecutive director thereof shall be affected by any provision of this\nsection, but the same may be prosecuted or defended in the name of the\ndepartment or the urban development corporation, as appropriate. In all\nsuch actions and proceedings, the department and the urban development\ncorporation, as appropriate, upon application to the court, shall be\nsubstituted as a party.\n  10. Continuation of rules and regulations of or pertaining to the New\nYork state foundation for science, technology and innovation. Upon the\ntransfer pursuant to subdivisions two and twelve of this section of the\nfunctions and powers possessed by and all the obligations and duties of\nthe New York state foundation for science, technology and innovation as\nestablished pursuant to such provisions of the executive law and the\npublic authorities law transfer to the department as prescribed by\nsubdivision two of this section and to the urban development corporation\npursuant to subdivision twelve of this section, all rules, regulations,\nacts, determinations and decisions of the New York state foundation for\nscience, technology and innovation, pertaining to the functions\ntransferred and assigned by this section to the department and the urban\ndevelopment corporation, as appropriate, in force at the time of such\ntransfer, assignment, assumption and devolution shall continue in force\nand effect as rules, regulations, acts, determinations and decisions of\nthe department and the urban development corporation, as appropriate,\nuntil duly modified or repealed.\n  11. Transfer of appropriations heretofore made to the New York state\nfoundation for science, technology and innovation. Upon the transfer\npursuant to subdivisions two and twelve of this section of the functions\nand powers possessed by and all of the obligations and duties of the New\nYork state foundation for science, technology and innovation as\nestablished pursuant to such provisions of the executive law and the\npublic authorities law to the department as prescribed by subdivision\ntwo of this section and to the urban development corporation pursuant to\nsubdivision twelve of this section, all appropriations and\nreappropriations which shall have been made available as of the date of\nsuch transfer to the New York state foundation for science, technology\nand innovation or segregated pursuant to law, to the extent of remaining\nunexpended or unencumbered balances thereof, whether allocated or\nunallocated and whether obligated or unobligated, shall be transferred\nto and made available for use and expenditure by the department or the\nurban development corporation as deemed appropriate by the commissioner\nand shall be payable on vouchers certified or approved by the\ncommissioner of taxation and finance, on audit and warrant of the\ncomptroller. Payments of liabilities for expenses of personal services,\nmaintenance and operation which shall have been incurred as of the date\nof such transfer by the New York state foundation for science,\ntechnology and innovation, and for liabilities incurred and to be\nincurred in completing its affairs shall also be made on vouchers\ncertified or approved by the commissioner, on audit and warrant of the\ncomptroller.\n  12. Transfer of certain assets and liabilities. Upon the transfer\npursuant to subdivision two of this section of the functions and powers\npossessed by and all the obligations and duties of the New York state\nfoundation for science, technology and innovation, as established\npursuant to article ten-A of the public authorities law and article\nten-B of the executive law as prescribed by subdivision two of this\nsection, all cash assets of the New York state foundation for science,\ntechnology and innovation, and all assets, records, and liabilities of\nthe small business technology investment fund (SBTIF) established\npursuant to appropriations made by various chapters of the law\nincluding, but not limited to chapter fifty-three of the laws of\nnineteen hundred eighty-one, chapter fifty-three of the laws of nineteen\nhundred eighty-five, chapter fifty-three of the laws of nineteen hundred\neighty-six, chapter fifty-three of the laws of nineteen hundred\neighty-seven, chapter fifty-three of the laws of nineteen hundred\neighty-eight, chapter fifty-three of the laws of nineteen hundred\neighty-nine, chapter fifty-three of the laws of nineteen hundred ninety,\nchapter fifty-three of the laws of nineteen hundred ninety-one, chapter\nfifty-three of the laws of nineteen hundred ninety-two, chapter\nfifty-three of the laws of nineteen hundred ninety-three, chapter\nfifty-three of the laws of nineteen hundred ninety-four, and chapter\nfifty-three of the laws of nineteen hundred ninety-five shall be\ntransferred to the urban development corporation.\n  13. Severability. If any clause, sentence, paragraph or part of this\nsection shall be adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph or part thereof directly involved in the controversy\nin which such judgment shall have been rendered.\n