NY Econ Dev L § 360 (2021)
2021 New York Laws COM - Economic Development Law Article 18* - Division of Science, Technology and Innovation 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.