N.Y. Economic Development Law § 133: Small-business advisory board; creation

§ 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 section three hundred eleven-a of the executive law; 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.