§ 120. Advisory board; creation. 1. There is hereby created in the
division of minority and women's business development a minority and
women-owned business enterprise advisory board. The board shall consist
of twelve members to be appointed by the governor. The governor shall
designate a chairperson 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 six of the members are
individuals who are currently involved in the ownership and/or operation
of a minority or women-owned business enterprise or who have extensive
experience in minority and women-owned business enterprise 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 six members first appointed
two shall be appointed for one-year terms expiring on March
thirty-first, nineteen hundred ninety-three, two shall be appointed for
two-year terms expiring on March thirty-first, nineteen hundred
ninety-four, and two shall be appointed for three year terms expiring on
March thirty-first, nineteen hundred ninety-five; and that four
additional members, one on the recommendation of the temporary president
of the senate, one on the recommendation of the minority leader of the
senate, one 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 ninety-five and every three years thereafter.

3. The advisory board shall meet regularly at least one time in each
year. Special meetings may be called by its chairperson and shall be
called by the chairperson at the request of the director of the division
of minority and women's business development.

4. No member of the advisory board shall be disqualified from holding
any other public office or employment, nor forfeit any such office or
employment by reason of 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 minority and women-owned
business enterprises 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 minority and women-owned business
enterprises 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 minority and women-owned business enterprises; and

(e) serve as a catalyst for creating and maintaining a minority and
women-owned business enterprise consciousness in New York state.

(f) establish procedures for making annual awards to be known as "New
York State Minority and Women-Owned Business Excelsior 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 a New York state minority and women-owned business enterprise or
which are engaged in activities to assist minority and women-owned
business enterprises in the state. The board may nominate up to five
award winners annually and forward such names to the governor for
consideration. The governor may designate award winners from these
nominees. Current members of the advisory board are not eligible as
nominees.

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.