§ 133 — Small-business advisory board; creation

§ 133. Small-business advisory board; creation. 1. There is hereby\ncreated in the division for small business a small business advisory\nboard. The board shall consist of seventeen members to be appointed by\nthe governor, with the advice and consent of the senate. The governor\nshall designate a chairman from the members of the advisory board, to\nserve as such at the pleasure of the governor. In appointing the members\nof the advisory board the governor shall ensure that at least nine of\nthe members are individuals who are currently involved in the ownership\nand/or operation of a small business or who have extensive experience in\nsmall business ownership and/or operation, and that at least two of the\nmembers are individuals representing banking, community development\nfinancial, insurance or surety 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 nine members first\nappointed three shall be appointed for one-year terms expiring on March\nthirty-first, nineteen hundred seventy-eight, three shall be appointed\nfor two-year terms expiring on March thirty-first, nineteen hundred\nseventy-nine, and three shall be appointed for three year terms expiring\non March thirty-first, nineteen hundred eighty; and that six additional\nmembers, two on the recommendation of the temporary president of the\nsenate, one on the recommendation of the minority leader of the senate,\ntwo on the recommendation of the speaker of the assembly and one on the\nrecommendation of the minority leader of the assembly shall be appointed\nfor three year terms expiring on March thirty-first, nineteen hundred\neighty-four and every three years thereafter.\n 3. The advisory board shall meet regularly at least four times in each\nyear. Special meetings may be called by its chairman and shall be called\nby him at the request of the deputy commissioner of the division for\nsmall-business.\n 4. No member of the advisory board shall be disqualified from holding\nany other public office or employment, nor shall he forfeit any such\noffice or employment by reason of his appointment hereunder,\nnotwithstanding the provisions of any general, special or local law,\nordinance or city charter.\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 small business concerns within\nthe 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 small business concerns 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 small business concerns;\n (e) issue an annual report to the commissioner, the governor and the\nlegislature recommending cost-effective ways to simplify access to state\ngovernment for small businesses;\n (f) serve as a catalyst for creating and maintaining a small business\nconsciousness in New York state;\n (g) establish procedures for making annual awards to be known as "New\nYork State Small Business Awards". These non-monetary awards shall be\ngiven in recognition of unusual performance by persons, firms and\norganizations which are engaged in the operation of New York state small\nbusinesses or which are engaged in activities to assist small businesses\nin the state. The board may nominate up to five award winners annually\nand forward such names to the governor for his consideration. The\ngovernor may designate award winners from these nominees at his\ndiscretion. Current members of the advisory board are not eligible as\nnominees;\n (h) advise the commissioner on recommendations for the selection of a\nminority and women-owned business enterprise statewide advocate as set\nforth by section three hundred eleven-a of the executive law; and\n (i) report to the commissioner, the governor and the legislature on\nagency use of streamlined optional adjudicatory proceedings for small\nbusinesses.\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