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Senate Bill S636A

Vetoed By Governor

2023-2024 Legislative Session

Requires certain companies and corporations to report certain data regarding the gender, race and ethnicity of their employees

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2023-S636 - Details

See Assembly Version of this Bill:
A5981
Law Section:
Business Corporation Law
Laws Affected:
Amd §408, BC L; amd §301, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8435, A8449
2025-2026: S4985, A1975

2023-S636 - Summary

Requires certain companies and corporations to report certain data regarding the gender, race and ethnicity of their employees.

2023-S636 - Sponsor Memo

2023-S636 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    636
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the business corporation law and the limited liability
   company law, in relation to requiring  certain  companies  and  corpo-
   rations to report certain data regarding the gender, race and ethnici-
   ty of their employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of section 408 of the business corporation  law
 is amended by adding a new subparagraph (e) to read as follows:
   (E)  FOR  THOSE  CORPORATIONS REQUIRED TO FILE AN EMPLOYER INFORMATION
 REPORT EEO-1 WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,  INFORMA-
 TION THAT IS SUBSTANTIALLY SIMILAR TO THE EMPLOYMENT DATA REPORTED UNDER
 SECTION  D  OF  SUCH CORPORATION'S MOST RECENTLY FILED EEO-1 IN A FORMAT
 APPROVED BY THE SECRETARY OF STATE. FOR EACH  CORPORATION  THAT  SUBMITS
 DATA  PURSUANT  TO  THIS PARAGRAPH, THE SECRETARY OF STATE SHALL PUBLISH
 THE DATA ON THE  GENDER,  RACE,  AND  ETHNICITY  OF  EACH  CORPORATION'S
 EMPLOYEES ON THE SECRETARY OF STATE'S OFFICIAL WEBSITE. THE SECRETARY OF
 STATE  SHALL PUBLISH SUCH INFORMATION WITHIN NINETY DAYS OF RECEIPT OF A
 PROPERLY FILED STATEMENT OR AS SOON THEREAFTER AS PRACTICABLE.
   § 2. Paragraph 1 of subdivision (e) of  section  301  of  the  limited
 liability  company  law, as amended by section 5 of part S of chapter 59
 of the laws of 2015, is amended to read as follows:
   (1) Except as otherwise provided in this  subdivision,  every  limited
 liability company to which this chapter applies, shall biennially in the
 calendar  month during which its articles of organization or application
 for authority were filed, or effective date thereof if stated,  file  on
 forms  prescribed  by  the secretary of state, a statement setting forth
 the post office address within or without this state to which the secre-
 tary of state shall mail a copy  of  any  process  accepted  against  it
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03247-01-3

2023-S636A (ACTIVE) - Details

See Assembly Version of this Bill:
A5981
Law Section:
Business Corporation Law
Laws Affected:
Amd §408, BC L; amd §301, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8435, A8449
2025-2026: S4985, A1975

2023-S636A (ACTIVE) - Summary

Requires certain companies and corporations to report certain data regarding the gender, race and ethnicity of their employees.

2023-S636A (ACTIVE) - Sponsor Memo

2023-S636A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  636--A
     Cal. No. 174
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions -- reported favorably from said committee, ordered to
   first and second report, ordered to a third reading, passed by  Senate
   and  delivered  to the Assembly, recalled, vote reconsidered, restored
   to third reading, amended and ordered reprinted, retaining  its  place
   in the order of third reading
 
 AN  ACT  to amend the business corporation law and the limited liability
   company law, in relation to requiring  certain  companies  and  corpo-
   rations to report certain data regarding the gender, race and ethnici-
   ty of their employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of section 408 of the business corporation  law
 is amended by adding a new subparagraph (e) to read as follows:
   (E)  FOR  THOSE  CORPORATIONS REQUIRED TO FILE AN EMPLOYER INFORMATION
 REPORT EEO-1 WITH THE  EQUAL  EMPLOYMENT  OPPORTUNITY  COMMISSION,  SUCH
 CORPORATIONS SHALL FILE A COPY OF SUCH EMPLOYER INFORMATION REPORT EEO-1
 WITH  THE  SECRETARY  OF  STATE.  FOR EACH CORPORATION THAT SUBMITS DATA
 PURSUANT TO THIS PARAGRAPH, THE SECRETARY OF  STATE  SHALL  PUBLISH  THE
 DATA  ON THE GENDER, RACE, AND ETHNICITY OF EACH CORPORATION'S EMPLOYEES
 ON THE SECRETARY OF STATE'S OFFICIAL WEBSITE.  THE  SECRETARY  OF  STATE
 SHALL  PUBLISH SUCH INFORMATION WITHIN NINETY DAYS OF RECEIPT OF A PROP-
 ERLY FILED STATEMENT OR AS SOON THEREAFTER AS PRACTICABLE.
   § 2. Paragraph 1 of subdivision (e) of  section  301  of  the  limited
 liability  company  law, as amended by section 5 of part S of chapter 59
 of the laws of 2015, is amended to read as follows:
   (1) Except as otherwise provided in this  subdivision,  every  limited
 liability company to which this chapter applies, shall biennially in the
 calendar  month during which its articles of organization or application
 for authority were filed, or effective date thereof if stated,  file  on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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