NY State Senate Bill 2023-S636A

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

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	vetoed memo.127
Dec 12, 2023	delivered to governor
May 24, 2023	returned to senate passed assembly ordered to third reading cal.179 substituted for a5981a
May 22, 2023	referred to corporations, authorities and commissions returned to assembly repassed senate
Apr 24, 2023	amended on third reading 636a
Apr 24, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 20, 2023	referred to corporations, authorities and commissions delivered to assembly passed senate
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

- May 22, 2023 - Floor Vote
  S636A
  
  40
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2023
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Scarcella-Spanton
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (2)
      
      Canzoneri-Fitzpatrick
      
      Parker
  Mar 20, 2023 - Floor Vote
  S636A
  
  41
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 20, 2023
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Scarcella-Spanton
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Canzoneri-Fitzpatrick
  Jan 23, 2023 - Corporations, Authorities And Commissions Committee Vote
  S636A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Jan 23, 2023
      
      aye (5)
      
      Comrie
      
      Hoylman-Sigal
      
      Mayer
      
      Ramos
      
      Skoufis
      
      nay (1)
      
      Weber
      
      aye wr (1)
      
      Mattera

Bill Amendments

Original

A (Active)

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

                                 
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.

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

 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.

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

                                 
BILL NUMBER: S636A

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 a copy of that form with the 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 301 of the
limited liability company law to require limited liability companies
which are required to file an Employer Information report EEO-1 with the
federal Equal Employment Opportunity Commission (EEOC) to file a copy of
that form with the 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 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 (ESG)
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) to file a copy of that form with the
Secretary of State. The EEO-1 form is required for all private sector
employers with 100 or more employees and federal contractors with 50 or
more 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 environ-
ment where we-hold our companies accountable, provide consumers and
employees with the data to make good decisions, and provide investors
with the information to deploy capital in a manner in keeping with their
values.

 
LEGISLATIVE HISTORY:

A.8449/ 5.8435 of 2022, veto no. 40.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD03247-03-3
 S. 636--A                           2
 
 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
 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  LIMITED LIABILITY COMPANIES SHALL FILE A COPY OF SUCH
 EMPLOYER INFORMATION REPORT EEO-1 WITH THE SECRETARY OF STATE. FOR  EACH
 LIMITED  LIABILITY  COMPANY  THAT SUBMITS DATA PURSUANT TO THIS SUBDIVI-
 SION, 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.

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