§ 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
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