§ 120 — Advisory board; creation

§ 120. Advisory board; creation. 1. There is hereby created in the\ndivision of minority and women's business development a minority and\nwomen-owned business enterprise advisory board. The board shall consist\nof twelve members to be appointed by the governor. The governor shall\ndesignate a chairperson from the members of the advisory board, to serve\nas such at the pleasure of the governor. In appointing the members of\nthe advisory board the governor shall ensure that six of the members are\nindividuals who are currently involved in the ownership and/or operation\nof a minority or women-owned business enterprise or who have extensive\nexperience in minority and women-owned business enterprise ownership\nand/or operation, and that at least two of the members are individuals\nrepresenting banking, community development financial, insurance or\nsurety bonding institutions.\n 2. All members of the advisory board shall serve for terms of three\nyears, such terms to commence on April first, and expire on March\nthirty-first; provided, however, that of the six members first appointed\ntwo shall be appointed for one-year terms expiring on March\nthirty-first, nineteen hundred ninety-three, two shall be appointed for\ntwo-year terms expiring on March thirty-first, nineteen hundred\nninety-four, and two shall be appointed for three year terms expiring on\nMarch thirty-first, nineteen hundred ninety-five; and that four\nadditional members, one on the recommendation of the temporary president\nof the senate, one on the recommendation of the minority leader of the\nsenate, one on the recommendation of the speaker of the assembly and one\non the recommendation of the minority leader of the assembly shall be\nappointed for three year terms expiring on March thirty-first, nineteen\nhundred ninety-five and every three years thereafter.\n 3. The advisory board shall meet regularly at least one time in each\nyear. Special meetings may be called by its chairperson and shall be\ncalled by the chairperson at the request of the director of the division\nof minority and women's business development.\n 4. No member of the advisory board shall be disqualified from holding\nany other public office or employment, nor forfeit any such office or\nemployment by reason of appointment hereunder, notwithstanding the\nprovisions of any general, special or local law, ordinance or city\ncharter.\n 5. The members of the advisory board shall receive no compensation for\ntheir services but shall be allowed their actual and necessary expenses\nincurred in the performance of their duties hereunder.\n 6. The board shall have the power and duty to:\n (a) advise the commissioner in carrying out the functions, powers and\nduties of the division, as set forth in this article;\n (b) advise the commissioner, the governor, and the legislature\nconcerning recommended legislation necessary to foster and promote the\nprosperity, expansion and development of minority and women-owned\nbusiness enterprises within the state;\n (c) advise the commissioner, the governor, and the legislature\nconcerning existing laws, rules, regulations and practices of state\nagencies which are counter-productive or inimical to the prosperity,\nexpansion and development of minority and women-owned business\nenterprises within the state;\n (d) advise the commissioner, the governor, and the legislature\nconcerning the development of inter-governmental cooperation among\nagencies of the federal, state and local governments and cooperation\nbetween private industry and government so as to assure the optimum\ndevelopment of minority and women-owned business enterprises; and\n (e) serve as a catalyst for creating and maintaining a minority and\nwomen-owned business enterprise consciousness in New York state.\n (f) establish procedures for making annual awards to be known as "New\nYork State Minority and Women-Owned Business Excelsior Awards". These\nnon-monetary awards shall be given in recognition of unusual performance\nby persons, firms and organizations which are engaged in the operation\nof a New York state minority and women-owned business enterprise or\nwhich are engaged in activities to assist minority and women-owned\nbusiness enterprises in the state. The board may nominate up to five\naward winners annually and forward such names to the governor for\nconsideration. The governor may designate award winners from these\nnominees. Current members of the advisory board are not eligible as\nnominees.\n 7. The commissioner shall provide the board with such staff assistance\nand support services as necessary for the board to perform the functions\nrequired of it under this section.\n