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.
