§ 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.