STATE OF NEW YORK
________________________________________________________________________
8435
IN SENATE
March 1, 2022
___________
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:
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, informa-
5 tion that is substantially similar to the employment data reported under
6 section D of such corporation's most recently filed EEO-1 in a format
7 approved by the secretary of state. For each corporation that submits
8 data pursuant to this paragraph, the secretary of state shall publish
9 the data on the gender, race, and ethnicity of each corporation's
10 employees on the secretary of state's official website. The secretary of
11 state shall publish such information within ninety days of receipt of a
12 properly filed statement or as soon thereafter as practicable.
13 § 2. Paragraph 1 of subdivision (e) of section 301 of the limited
14 liability company law, as amended by section 5 of part S of chapter 59
15 of the laws of 2015, is amended to read as follows:
16 (1) Except as otherwise provided in this subdivision, every limited
17 liability company to which this chapter applies, shall biennially in the
18 calendar month during which its articles of organization or application
19 for authority were filed, or effective date thereof if stated, file on
20 forms prescribed by the secretary of state, a statement setting forth
21 the post office address within or without this state to which the secre-
22 tary of state shall mail a copy of any process accepted against it
23 served upon him or her. Such address shall supersede any previous
24 address on file with the department of state for this purpose. Addi-
25 tionally, for those limited liability companies required to file an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13078-01-1
S. 8435 2
1 employer information report EEO-1 with the equal employment opportunity
2 commission, such companies to which this chapter applies shall include
3 on the statement required by this subdivision information that is
4 substantially similar to the employment data reported under section D of
5 such company's most recently filed EEO-1 in a format approved by the
6 secretary of state. For each limited liability company that submits data
7 pursuant to this subdivision, the secretary of state shall publish the
8 data on the gender, race, and ethnicity of each company's employees on
9 the secretary of state's official website. The secretary of state shall
10 publish such information within ninety days of receipt of a properly
11 filed statement or as soon thereafter as practicable.
12 § 3. This act shall take effect two years after it shall have become a
13 law.
