S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8449
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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
 served  upon  him  or  her.  Such  address  shall supersede any previous
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13078-01-1
              

 A. 8449                             2
 
 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.