NY State Senate Bill S636

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2023	advanced to third reading
Jan 24, 2023	2nd report cal.
Jan 23, 2023	1st report cal.174
Jan 05, 2023	referred to corporations, authorities and commissions

Votes

view votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

S636

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jan 23, 2023

aye (5)

nay (1)

Weber

aye wr (1)

Mattera

S636 (ACTIVE) - Details

Law Section:: Business Corporation Law
Laws Affected:: Amd §408, BC L; amd §301, Lim Lil L
Versions Introduced in 2021-2022 Legislative Session:: S8435

S636 (ACTIVE) - Summary

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

S636 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S636

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the business corporation law and the limited liability
company law, in relation to requiring certain companies and corporations
to report certain data regarding the gender, race and ethnicity of their
employees

 
PURPOSE:

To provide data to the public about the gender, ethnicity, and race of
companies' employees.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph (e) to the business corporation law to
require corporations which are required to file an Employer Information
report EEO-1 with the federal Equal Employment Opportunity Commission
(EEOC) to file substantially similar information with the New York
Secretary of State. The Secretary of State shall publish the data on its

official website within 90 days of receipt or as soon thereafter as
practicable.

Section two amends paragraph 1 of subdivision (e) of section 30 of the
limited liability company law to require limited liability comp;iWes
which are required to file an Employer Information report EEO-1 with the
federal Equal Employment Opportunity Commission (EEOC) to file substan-
tially similar information with the New York Secretary of Stale. The
Secretary of State shall publish the data on its official website within
90 days of receipt or as soon thereafter as practicable.

Section three provides the effective date.

 
JUSTIFICATION:

In recent years, consumers have become more interested in supporting
companies that share their. values. Investors are also increasingly
concerned with companies' environmental, social, and governance (ESC)
standards when they make investment decisions. In response, companies
often tout their commitment to diversity, equity & inclusion (DEI),
environmental goals, or other causes, but there is little data available
to the public to verify these claims.

In addition, current and prospective employees have an interest in eval-
uating the DEI practices of employers, but do not have access to the
company-wide employee demographic data needed to make such an assess-
ment.

This bill would require those companies which are required to file an
Employer Information report EEO-1 with the federal Equal Employment
Opportunity Commission (EEOC)file substantially similar information with
the New York Secretary of State. The EEO-1 form is required for all
private sector employers with 100 or more employees and federal contrac-
tors with 50 or pore employees, and contains demographic workforce data,
including data by race/ethnicity, sex and job categories. The Secretary
of State would post this information on its website, making it easily
available to the public.
Having this data publicly available will help create an environment
where we hold our companies accountable, provide consumers and employees
with the data t make good decisions, and provide investors with the
information to deploy capital in a manner in keeping with their values.

 
LEGISLATIVE HISTORY:

2022: Vetoed Memo 40

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S636 (ACTIVE) - 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

 S. 636                              2
 
 served  upon  him  or  her.  Such  address  shall supersede any previous
 address on file with the department of state  for  this  purpose.  ADDI-
 TIONALLY,  FOR  THOSE  LIMITED  LIABILITY  COMPANIES REQUIRED TO FILE AN
 EMPLOYER  INFORMATION REPORT EEO-1 WITH THE EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION, SUCH COMPANIES TO WHICH THIS CHAPTER APPLIES  SHALL  INCLUDE
 ON  THE  STATEMENT  REQUIRED  BY  THIS  SUBDIVISION  INFORMATION THAT IS
 SUBSTANTIALLY SIMILAR TO THE EMPLOYMENT DATA REPORTED UNDER SECTION D OF
 SUCH COMPANY'S MOST RECENTLY FILED EEO-1 IN A  FORMAT  APPROVED  BY  THE
 SECRETARY OF STATE. FOR EACH LIMITED LIABILITY COMPANY THAT SUBMITS DATA
 PURSUANT  TO  THIS SUBDIVISION, THE SECRETARY OF STATE SHALL PUBLISH THE
 DATA ON THE GENDER, RACE, AND ETHNICITY OF EACH COMPANY'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.
   § 3. This act shall take effect two years after it shall have become a
 law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S636

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: Jan 23, 2023

S636 (ACTIVE) - Details

S636 (ACTIVE) - Summary

S636 (ACTIVE) - Sponsor Memo

S636 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S636

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: Jan 23, 2023

S636 (ACTIVE) - Details

S636 (ACTIVE) - Summary

S636 (ACTIVE) - Sponsor Memo

S636 (ACTIVE) - Bill Text download pdf

Comments