Section 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; and
    (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.
    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.