Bill Text: NY S00636 | 2023-2024 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2023-12-22 - VETOED MEMO.127 [S00636 Detail]

Download: New_York-2023-S00636-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         636--A
            Cal. No. 174

                               2023-2024 Regular Sessions

                    IN SENATE

                                     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:

     1    Section 1. Paragraph 1 of section 408 of the business corporation  law
     2  is amended by adding a new subparagraph (e) to read as follows:
     3    (e)  For  those  corporations required to file an employer information
     4  report EEO-1 with the  equal  employment  opportunity  commission,  such
     5  corporations shall file a copy of such employer information report EEO-1
     6  with  the  secretary  of  state.  For each corporation that submits data
     7  pursuant to this paragraph, the secretary of  state  shall  publish  the
     8  data  on the gender, race, and ethnicity of each corporation's employees
     9  on the secretary of state's official website.  The  secretary  of  state
    10  shall  publish such information within ninety days of receipt of a prop-
    11  erly filed statement or as soon thereafter as practicable.
    12    § 2. Paragraph 1 of subdivision (e) of  section  301  of  the  limited
    13  liability  company  law, as amended by section 5 of part S of chapter 59
    14  of the laws of 2015, is amended to read as follows:
    15    (1) Except as otherwise provided in this  subdivision,  every  limited
    16  liability company to which this chapter applies, shall biennially in the
    17  calendar  month during which its articles of organization or application
    18  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

     1  forms  prescribed  by  the secretary of state, a statement setting forth
     2  the post office address within or without this state to which the secre-
     3  tary of state shall mail a copy  of  any  process  accepted  against  it
     4  served  upon  him  or  her.  Such  address  shall supersede any previous
     5  address on file with the department of state  for  this  purpose.  Addi-
     6  tionally,  for  those  limited  liability  companies required to file an
     7  employer information report EEO-1 with the equal employment  opportunity
     8  commission,  such  limited liability companies shall file a copy of such
     9  employer information report EEO-1 with the secretary of state. For  each
    10  limited  liability  company  that submits data pursuant to this subdivi-
    11  sion, the secretary of state shall publish the data on the gender, race,
    12  and ethnicity of each company's employees on the  secretary  of  state's
    13  official  website. The secretary of state shall publish such information
    14  within ninety days of receipt of a properly filed statement or  as  soon
    15  thereafter as practicable.
    16    § 3. This act shall take effect two years after it shall have become a
    17  law.
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