NY ECON DEV § 133. Small-business advisory board;  creation

1. There is hereby created in the division for small business a small business advisory board.  The board shall consist of seventeen members to be appointed by the governor, with the advice and consent of the senate.  The governor shall designate a chairman from the members of the advisory board, to serve as such at the pleasure of the governor.  In appointing the members of the advisory board the governor shall ensure that at least nine of the members are individuals who are currently involved in the ownership and/or operation of a small business or who have extensive experience in small business ownership and/or operation, and that at least two of the members are individuals representing banking, community development financial, insurance or surety bonding institutions.

2. All members of the advisory board shall serve for terms of three years, such terms to commence on April first, and expire on March thirty-first;  provided, however, that of the nine members first appointed three shall be appointed for one-year terms expiring on March thirty-first, nineteen hundred seventy-eight, three shall be appointed for two-year terms expiring on March thirty-first, nineteen hundred seventy-nine, and three shall be appointed for three year terms expiring on March thirty-first, nineteen hundred eighty;  and that six additional members, two on the recommendation of the temporary president of the senate, one on the recommendation of the minority leader of the senate, two on the recommendation of the speaker of the assembly and one on the recommendation of the minority leader of the assembly shall be appointed for three year terms expiring on March thirty-first, nineteen hundred eighty-four and every three years thereafter.

3. The advisory board shall meet regularly at least four times in each year.  Special meetings may be called by its chairman and shall be called by him at the request of the deputy commissioner of the division for small-business.

4. No member of the advisory board shall be disqualified from holding any other public office or employment, nor shall he forfeit any such office or employment by reason of his appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.

5. The members of the advisory board shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder.

6. The board shall have the power and duty to:

(a) advise the commissioner in carrying out the functions, powers and duties of the division, as set forth in this article;

(b) advise the commissioner, the governor, and the legislature concerning recommended legislation necessary to foster and promote the prosperity, expansion and development of small business concerns within the state;

(c) advise the commissioner, the governor, and the legislature concerning existing laws, rules, regulations and practices of state agencies which are counter-productive or inimical to the prosperity, expansion and development of small business concerns within the state;

(d) advise the commissioner, the governor, and the legislature concerning the development of inter-governmental cooperation among agencies of the federal, state and local governments and cooperation between private industry and government so as to assure the optimum development of small business concerns;

(e) issue an annual report to the commissioner, the governor and the legislature recommending cost-effective ways to simplify access to state government for small businesses;

(f) serve as a catalyst for creating and maintaining a small business consciousness in New York state;

(g) establish procedures for making annual awards to be known as “New York State Small Business Awards”.  These non-monetary awards shall be given in recognition of unusual performance by persons, firms and organizations which are engaged in the operation of New York state small businesses or which are engaged in activities to assist small businesses in the state.  The board may nominate up to five award winners annually and forward such names to the governor for his consideration.  The governor may designate award winners from these nominees at his discretion.  Current members of the advisory board are not eligible as nominees;

(h) advise the commissioner on recommendations for the selection of a minority and women-owned business enterprise statewide advocate as set forth by ;  and

(i) report to the commissioner, the governor and the legislature on agency use of streamlined optional adjudicatory proceedings for small businesses.

7. The commissioner shall provide the board with such staff assistance and support services as necessary for the board to perform the functions required of it under this section.