Text of NV SB 267 (2021)

S.B. 267 - *SB267* SENATE BILL NO. 267–SENATOR SPEARMAN MARCH 17, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions relating to the collection and reporting of information concerning diversity and equality in the workplace. (BDR 7-461) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to workplace diversity; requiring the Department of Taxation to develop a survey to collect data and information concerning diversity and equality in the workplace; requiring corporations in this State that employ 500 or more people to use the survey to submit annual reports to the Department; requiring such a corporation that has an Internet website to make its reports available on the website; requiring the Department to make the survey, the annual reports submitted to the Department and aggregate data relating to such reports available on its Internet website; requiring the Department to submit an annual report to the Governor and the Director of the Legislative Counsel Bureau and make the report available on its Internet website; authorizing the Department to adopt regulations; requiring the Nevada Commission on Minority Affairs and the Nevada Commission for Women to assist the Department in developing the survey; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Secretary of State to design and conduct an annual 1 survey of businesses in this State to collect data and information pertaining to 2 issues of gender equality in the workplace, however, the provisions relating to the 3 survey are currently only effective through December 31, 2022. (NRS 75A.400- 4 75A.430; section 7 of chapter 434, Statutes of Nevada 2017, at page 2896) This bill 5 establishes provisions concerning an annual survey of corporations in this State that 6 – 2 – - *SB267* employ 500 or more people with regard to issues of diversity and equality in the 7 workplace. 8 Section 6 of this bill requires the Department of Taxation to develop, in 9 consultation with the Nevada Commission for Women and the Nevada Commission 10 on Minority Affairs, a survey to be used to collect data and information relating to 11 issues of diversity and equality in the workplace from corporations in this State. 12 Section 6 sets forth the information to be provided in the survey and requires the 13 survey to be signed by an officer of the corporation or his or her designee under 14 penalty of perjury. 15 Section 7 of this bill requires corporations to use the survey developed by the 16 Department to submit an annual report to the Department. Section 7 also requires a 17 corporation that has an Internet website to make the annual reports available on the 18 website, with any personally identifiable information redacted. 19 Section 8 of this bill requires the Department to make available on its Internet 20 website: (1) the survey developed by the Department; (2) the annual reports 21 submitted by corporations; and (3) aggregate data relating to the annual reports. 22 Section 8 requires that any personally identifiable information contained in a report 23 must be redacted before the report or aggregate data relating to the report is posted 24 on the website of the Department. Section 9 of this bill requires the Department to 25 compile annually the information contained in the reports submitted to the 26 Department into one report and submit the report to the Governor and the Director 27 of the Legislative Counsel Bureau. Section 13 of this bill makes a conforming 28 change to exclude the information redacted from reports in sections 8 and 9 from 29 the provisions relating to public records. Section 10 of this bill authorizes the 30 Department to adopt regulations to carry out the provisions of sections 2-9 of this 31 bill. 32 Sections 11 and 12 of this bill, respectively, require the Nevada Commission 33 on Minority Affairs and the Nevada Commission for Women to assist the 34 Department in developing the survey required pursuant to section 6. 35 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Title 7 of NRS is hereby amended by adding 1 thereto a new chapter to consist of the provisions set forth as 2 sections 2 to 10, inclusive, of this act. 3 Sec. 2. As used in sections 2 to 10, inclusive, of this act, 4 unless the context otherwise requires, the words and terms defined 5 in sections 3, 4 and 5 of this act have the meanings ascribed to 6 them in those sections. 7 Sec. 3. “Corporation” means a corporation that maintains a 8 place of business in this State and that employs 500 or more 9 people. 10 Sec. 4. “Department” means the Department of Taxation. 11 Sec. 5. “Female” or “woman” means a person who self- 12 identifies her gender as a woman, without regard to the person’s 13 designated sex at birth. 14 Sec. 6. 1. The Department shall develop a survey for the 15 purpose of collecting data and information from corporations in 16 – 3 – - *SB267* this State concerning diversity and equality in the workplace, 1 including, without limitation, data and information specifically 2 relating to females and persons from underrepresented 3 communities. The survey must request a corporation to provide, 4 without limitation, the following information: 5 (a) The name of the corporation. 6 (b) The number of employees of the corporation who are: 7 (1) Located in this State. 8 (2) Women located in this State. 9 (3) Women of color located in this State. 10 (c) If the corporation is publicly traded, the number of people 11 in the corporation who are: 12 (1) On the board of directors. 13 (2) Women. 14 (3) Women of color. 15 (d) The number of: 16 (1) People who are employed in a management position. 17 (2) Women who are employed in a management position. 18 (3) Women of color who are employed in a management 19 position. 20 (e) The number of: 21 (1) People who are employed in an executive position. 22 (2) Women who are employed in an executive position. 23 (3) Women of color who are employed in an executive 24 position. 25 (f) Whether the corporation has employee development 26 initiatives in place for administrative or skilled staff who are 27 interested in advancing their career path, including, without 28 limitation, tuition reimbursement, professional development, 29 payment for conferences, business interest groups or a public 30 commitment to gender inclusion. 31 (g) Whether the corporation has undertaken a pay equity 32 analysis and, if so, whether the results indicated that there were 33 any discernable differences in pay. 34 (h) With regard to the 20 highest-paid people in the 35 corporation as determined by salary, bonuses and other incentives 36 such as stock options, the number of those people who are: 37 (1) Women. 38 (2) Women of color. 39 (i) With regard to the hiring practices of the corporation, 40 whether the corporation: 41 (1) Participates in diversity job fairs. 42 (2) Has a diverse hiring committee. 43 (3) Assesses the skill sets of candidates without regard to 44 gender. 45 – 4 – - *SB267* (4) Uses gender-neutral job descriptions. 1 (j) With regard to the issue of anti-harassment, including, 2 without limitation, sexual harassment, whether the corporation: 3 (1) Has an anti-harassment policy in place. 4 (2) Offers formal anti-harassment training. 5 (k) With regard to cultural training, whether the corporation 6 provides training relating to diversity and inclusion and, if so, 7 whether such training includes specific training regarding: 8 (1) Implicit bias. 9 (2) Unconscious bias. 10 (3) Microaggressions. 11 (4) Fostering an inclusive environment. 12 (5) Improving engagement. 13 (l) With regard to female-friendly workplace policies and 14 benefits: 15 (1) Whether the corporation offers: 16 (I) Employer-paid family leave and, if so, the number of 17 weeks offered. 18 (II) Variable work schedules for caregivers. 19 (III) Options to work from home. 20 (IV) On-site child care, off-site child care or employer- 21 paid child care subsidies. 22 (2) Whether there are any policies and benefits the 23 corporation is currently pursuing but has not yet implemented 24 and, if so, a list of such policies and benefits. 25 (m) With regard to health care, whether the corporation’s 26 policies cover: 27 (1) Birth control. 28 (2) Maternity. 29 (3) In vitro fertilization. 30 (n) Any additional information that the corporation wishes to 31 provide. 32 2. The survey must include a statement signed by an officer 33 of the corporation or his or her designee, under penalty of perjury, 34 that the information provided in the survey is true, correct and 35 complete to the best of his or her knowledge and belief, that the 36 person acknowledges it is a category C felony under NRS 239.330 37 to knowingly offer any false or forged instrument for filing and 38 that the person is authorized to complete the survey on behalf of 39 the corporation. 40 3. The Department shall work in consultation with the 41 Nevada Commission on Minority Affairs created by NRS 232.852 42 and the Nevada Commission for Women created by NRS 233I.020 43 when developing the survey pursuant to this section. 44 4. As used in this section: 45 – 5 – - *SB267* (a) “Executive position” means a position in which a person is 1 employed as a vice president, senior vice president or executive 2 vice president or in a role that is superior to such positions. 3 (b) “Management position” means a position in which a 4 person is employed as a manager or in a role that is superior to a 5 manager. 6 (c) “Pay equity analysis” means a formal study regarding 7 equity in salaries. 8 (d) “Person from an underrepresented community” means a 9 person who self-identifies as Black, African-American, Hispanic, 10 Latino, Asian, Pacific Islander, Native American, Native 11 Hawaiian or Alaska Native, or who self-identifies as gay, lesbian, 12 bisexual or transgender. 13 Sec. 7. 1. On or before January 1, 2022, and on or before 14 January 1 of each year thereafter, every corporation shall submit 15 a report to the Department using the survey developed by the 16 Department pursuant to section 6 of this act. 17 2. If a corporation has an Internet website, the corporation 18 shall make available on its website the reports submitted to the 19 Department pursuant to this section, but any personally 20 identifiable information contained in a report must be redacted 21 before the report is posted on the website. 22 Sec. 8. 1. The Department shall make available on its 23 Internet website: 24 (a) The survey developed pursuant to section 6 of this act that 25 corporations must use to submit the annual report required 26 pursuant to section 7 of this act; 27 (b) The reports submitted to the Department pursuant to 28 section 7 of this act in such a manner that the reports may be 29 searched electronically by the name of the corporation that 30 submitted the report; and 31 (c) Aggregate data relating to the reports submitted to the 32 Department pursuant to section 7 of this act. 33 2. Any personally identifiable information contained in a 34 report that is submitted to the Department pursuant to section 7 of 35 this act must be redacted before the report or aggregate data 36 relating to the report is posted on the website of the Department 37 pursuant to this section. 38 Sec. 9. 1. The Department shall compile annually the 39 information contained in the reports submitted to the Department 40 pursuant to section 7 of this act during the immediately preceding 41 year into one report and: 42 (a) Submit the report to the Governor and to the Director of 43 the Legislative Counsel Bureau for transmittal to the Legislature, 44 – 6 – - *SB267* or if the Legislature is not in session, to the Legislative 1 Commission; and 2 (b) Make the report available on the Internet website of the 3 Department. 4 2. The Department shall not include any personally 5 identifiable information in a report submitted to the Governor and 6 the Director of the Legislative Counsel Bureau pursuant to this 7 section. 8 Sec. 10. The Department may adopt such regulations as is 9 determined to be necessary or advisable to carry out the provisions 10 of sections 2 to 9, inclusive of this act. 11 Sec. 11. NRS 232.860 is hereby amended to read as follows: 12 232.860 The Commission shall, within the limits of available 13 money: 14 1. Study matters affecting the social and economic welfare and 15 well-being of minorities residing in the State of Nevada; 16 2. Collect and disseminate information on activities, programs 17 and essential services available to minorities in the State of Nevada; 18 3. Study the: 19 (a) Availability of employment for minorities in this State, and 20 the manner in which minorities are employed; 21 (b) Manner in which minorities can be encouraged to start and 22 manage their own businesses successfully; and 23 (c) Availability of affordable housing, as defined in NRS 24 278.0105, for minorities; 25 4. In cooperation with the Nevada Equal Rights Commission, 26 act as a liaison to inform persons regarding: 27 (a) The laws of this State that prohibit discriminatory practices; 28 and 29 (b) The procedures pursuant to which aggrieved persons may 30 file complaints or otherwise take action to remedy such 31 discriminatory practices; 32 5. Assist the Department of Taxation in developing the survey 33 required pursuant to section 6 of this act; 34 6. To the extent practicable, strive to create networks within 35 the business community between businesses that are owned by 36 minorities and businesses that are not owned by minorities; 37 [6.] 7. Advise the Governor on matters relating to minorities 38 and of concern to minorities; and 39 [7.] 8. Recommend proposed legislation to the Governor. 40 Sec. 12. NRS 233I.060 is hereby amended to read as follows: 41 233I.060 1. The Commission shall study the changing and 42 developing roles of women in society, including, without limitation, 43 the recognition of socioeconomic factors that influence the status of 44 women, and recommend proposed legislation. 45 – 7 – - *SB267* 2. The Commission shall assist the Secretary of State in 1 developing the survey of businesses in this State described in 2 NRS 75A.410. 3 3. The Commission shall assist the Department of Taxation 4 in developing the survey required pursuant to section 6 of this act. 5 4. The Commission may: 6 (a) Collect and disseminate information on activities, programs 7 and essential services available to women in Nevada. 8 (b) Advise executive and legislative bodies on the effect of 9 proposed legislation on women. 10 (c) Inform the news media, educators, governmental officers, 11 professional, business and labor leaders and other persons in 12 positions of authority or influence about issues pertaining to women. 13 (d) Provide referrals and serve as a resource for information on 14 issues pertaining to women. 15 (e) Identify and recommend qualified women for positions in all 16 levels of government. 17 (f) Promote and facilitate collaboration among commissions and 18 organizations for women at the local, state and national levels. 19 (g) Recognize and promote the contributions that women in this 20 State make at the local, state and national levels. 21 (h) Enter into any contract or other agreement appropriate to 22 carry out the provisions of this chapter, subject to the prior approval 23 of the Director of the Department of Administration. 24 (i) Prepare an annual work program outlining the objectives and 25 tasks of the Commission for the year. 26 Sec. 13. NRS 239.010 is hereby amended to read as follows: 27 239.010 1. Except as otherwise provided in this section and 28 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 29 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 30 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 31 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 32 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 33 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 34 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 35 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 36 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 37 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 38 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 39 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 40 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 41 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 42 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 43 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 44 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 45 – 8 – - *SB267* 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 1 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 2 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 3 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 4 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 5 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 6 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 7 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 8 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 9 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 10 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 11 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 12 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 13 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 14 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 15 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 16 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 17 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 18 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 19 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 20 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 21 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 22 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 23 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 24 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 25 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 26 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 27 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 28 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 29 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 30 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 31 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 32 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 33 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 34 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 35 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 36 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 37 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 38 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 39 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 40 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 41 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 42 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 43 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 44 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 45 – 9 – - *SB267* 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 1 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 2 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 3 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 4 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 5 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 6 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 7 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 8 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 9 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 10 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 11 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 12 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 13 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 14 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 15 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 16 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 17 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and 18 sections 8 and 9 of this act, sections 35, 38 and 41 of chapter 478, 19 Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of 20 Nevada 2013 and unless otherwise declared by law to be 21 confidential, all public books and public records of a governmental 22 entity must be open at all times during office hours to inspection by 23 any person, and may be fully copied or an abstract or memorandum 24 may be prepared from those public books and public records. Any 25 such copies, abstracts or memoranda may be used to supply the 26 general public with copies, abstracts or memoranda of the records or 27 may be used in any other way to the advantage of the governmental 28 entity or of the general public. This section does not supersede or in 29 any manner affect the federal laws governing copyrights or enlarge, 30 diminish or affect in any other manner the rights of a person in any 31 written book or record which is copyrighted pursuant to federal law. 32 2. A governmental entity may not reject a book or record 33 which is copyrighted solely because it is copyrighted. 34 3. A governmental entity that has legal custody or control of a 35 public book or record shall not deny a request made pursuant to 36 subsection 1 to inspect or copy or receive a copy of a public book or 37 record on the basis that the requested public book or record contains 38 information that is confidential if the governmental entity can 39 redact, delete, conceal or separate, including, without limitation, 40 electronically, the confidential information from the information 41 included in the public book or record that is not otherwise 42 confidential. 43 4. If requested, a governmental entity shall provide a copy of a 44 public record in an electronic format by means of an electronic 45 – 10 – - *SB267* medium. Nothing in this subsection requires a governmental entity 1 to provide a copy of a public record in an electronic format or by 2 means of an electronic medium if: 3 (a) The public record: 4 (1) Was not created or prepared in an electronic format; and 5 (2) Is not available in an electronic format; or 6 (b) Providing the public record in an electronic format or by 7 means of an electronic medium would: 8 (1) Give access to proprietary software; or 9 (2) Require the production of information that is confidential 10 and that cannot be redacted, deleted, concealed or separated from 11 information that is not otherwise confidential. 12 5. An officer, employee or agent of a governmental entity who 13 has legal custody or control of a public record: 14 (a) Shall not refuse to provide a copy of that public record in the 15 medium that is requested because the officer, employee or agent has 16 already prepared or would prefer to provide the copy in a different 17 medium. 18 (b) Except as otherwise provided in NRS 239.030, shall, upon 19 request, prepare the copy of the public record and shall not require 20 the person who has requested the copy to prepare the copy himself 21 or herself. 22 Sec. 14. The provisions of subsection 1 of NRS 218D.380 do 23 not apply to any provision of this act which adds or revises a 24 requirement to submit a report to the Legislature. 25 Sec. 15. The Department of Taxation shall develop and make 26 available on its Internet website the survey required by section 6 of 27 this act before October 1, 2021. 28 Sec. 16. 1. This section becomes effective upon passage and 29 approval. 30 2. Sections 1 to 15, inclusive, of this act become effective: 31 (a) Upon passage and approval for the purpose of adopting 32 regulations, developing the survey required by section 6 of this act 33 and performing any other preparatory administrative tasks that are 34 necessary to carry out the provisions of this act; and 35 (b) On July 1, 2021, for all other purposes. 36 H

- 81st Session (2021) Senate Bill No. 267–Senator Spearman CHAPTER.......... AN ACT relating to workplace diversity; authorizing the University of Nevada, Las Vegas, to conduct a study concerning diversity and equality in the workplace and to conduct a survey to collect data and information concerning diversity and equality in the workplace from certain business entities and state and local governmental agencies in this State; revising the prospective expiration of an existing survey of businesses conducted by the Secretary of State; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Secretary of State to design and conduct an annual survey of businesses in this State to collect data and information pertaining to issues of gender equality in the workplace; however, the provisions relating to the survey are currently only effective through December 31, 2022. (NRS 75A.400- 75A.430; section 7 of chapter 434, Statutes of Nevada 2017, at page 2896) This bill: (1) authorizes the University of Nevada, Las Vegas, to conduct a study concerning diversity and equality in the workplace and to conduct a survey to collect data and information from certain business entities and state and local governmental agencies in this State; and (2) revises the prospective expiration of the existing provisions of law relating to the annual survey of businesses conducted by the Secretary of State by making those provisions expire by limitation on December 31, 2021, instead of on December 31, 2022. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. As used in this act: 1. “Business entity” means a corporation, partnership, limited- liability company, business association, joint venture, limited- liability partnership, business trust, professional association, joint stock company or holding company that is required to pay an annual commerce tax pursuant to chapter 363C of NRS. 2. “Entity” means a business entity, local governmental agency or state governmental agency. 3. “Local governmental agency” has the meaning ascribed to it in NRS 242.061. 4. “State governmental agency” has the meaning ascribed to the term “state agency” in NRS 237.350 and includes, without limitation, the Nevada System of Higher Education and all institutions operated by the System. – 2 – - 81st Session (2021) 5. “UNLV” means the University of Nevada, Las Vegas. Sec. 2. 1. UNLV may elect to conduct a study concerning diversity and equality in the workplace. If UNLV elects to conduct the study: (a) UNLV must conduct a survey for the purpose of collecting data and information concerning diversity and equality in the workplace, including, without limitation, data and information specifically relating to women and women of color, from business entities that do business in this State, state governmental agencies and local governmental agencies; and (b) A business entity, state governmental agency or local governmental agency may elect to complete the survey and submit it to UNLV. 2. If UNLV elects to conduct the study, the survey conducted by UNLV must request the entity completing the survey to provide, without limitation, the following information, as applicable to the entity: (a) The name of the entity. (b) The number of employees of the entity who are: (1) Located in this State. (2) Women located in this State. (3) Women of color located in this State. (c) The number of people in the entity who are: (1) If the entity is a corporation: (I) On the board of directors. (II) Women who are on the board of directors. (III) Women of color who are on the board of directors. (IV) Employed in an executive position. (V) Women who are employed in an executive position. (VI) Women of color who are employed in an executive position. (2) Women. (3) Women of color. (d) The number of: (1) People who are employed in a management position. (2) Women who are employed in a management position. (3) Women of color who are employed in a management position. (e) Whether the entity has employee development initiatives in place for administrative or skilled staff who are interested in advancing their career paths, including, without limitation, tuition reimbursement, professional development, payment for conferences, – 3 – - 81st Session (2021) business interest groups or a public commitment to gender inclusion. (f) Whether the entity has undertaken a pay equity analysis and, if so, whether the results indicated that there were any discernable differences in pay. (g) With regard to the 20 highest-paid people in the entity as determined by salary, bonuses and any other incentives, such as stock options, the number of those people who are: (1) Women. (2) Women of color. (h) With regard to the hiring practices of the entity, whether the entity: (1) Participates in diversity job fairs. (2) Has a diverse hiring committee. (3) Assesses the skill sets of candidates without regard to gender. (4) Uses gender-neutral job descriptions. (i) With regard to the issue of anti-harassment, including, without limitation, sexual harassment, whether the entity: (1) Has an anti-harassment policy in place. (2) Offers formal anti-harassment training. (j) With regard to cultural training, whether the entity provides training relating to diversity and inclusion and, if so, whether such training includes specific training regarding: (1) Implicit bias. (2) Unconscious bias. (3) Microaggressions. (4) Fostering an inclusive environment. (5) Improving engagement. (k) With regard to workplace policies and benefits: (1) Whether the entity offers: (I) Employer-paid family leave and, if so, the number of weeks offered. (II) Variable work schedules for caregivers. (III) Options to work from home. (IV) On-site child care, off-site child care or employer- paid child care subsidies. (2) Whether there are any policies or benefits the entity is currently pursuing but has not yet implemented and, if so, a list of such policies or benefits. (l) With regard to health care, whether the entity’s policies cover: (1) Birth control. – 4 – - 81st Session (2021) (2) Maternity. (3) In vitro fertilization. (m) The number and types of positions within the entity that are currently vacant. (n) The rate of attrition within the entity.  A completed survey must be signed by a person who is authorized to complete the survey on behalf of the entity. 3. As used in this section: (a) “Executive position” means a position in which a person is employed as a vice president, senior vice president or executive vice president or in a role that is superior to such positions. (b) “Management position” means a position in which a person is employed as a manager or in a role that is superior to a manager. (c) “Pay equity analysis” means a formal study regarding equity in salaries. (d) “Woman” means a person who self-identifies as a woman, without regard to the person’s designated sex at birth. (e) “Woman of color” means a woman who self-identifies as Black, African-American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian or Alaska Native. Sec. 3. If UNLV elects to conduct the study pursuant to section 2 of this act: 1. To assist UNLV in facilitating outreach to business entities that do business in this State and encouraging participation in the survey, the Department of Taxation shall provide to UNLV information about the identity of business entities in this State and the contact information for such business entities. The Department shall not, pursuant to this subsection, provide to UNLV or to any other person any information relating to a business entity other than the name of the business entity and its contact information. Any information provided by the Department pursuant to this subsection is not a public record for the purposes of chapter 239 of NRS. UNLV shall keep confidential any information provided by the Department pursuant to this subsection and shall not release any information provided by the Department pursuant to this subsection to any other person. 2. The provisions of NRS 360.255 do not apply to any records or files of the Department or other information or data that is obtained, maintained or disclosed by the Department pursuant to this section. Sec. 4. If UNLV elects to conduct the study pursuant to section 2 of this act: 1. UNLV must: – 5 – - 81st Session (2021) (a) Submit annual reports relating to the results of the survey to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission; and (b) Make such periodic reports available on its Internet website. 2. UNLV shall not include any personally identifiable information in a report submitted to the Governor and the Director of the Legislative Counsel Bureau pursuant to this section. Sec. 5. Section 7 of chapter 434, Statutes of Nevada 2017, at page 2896, is hereby amended to read as follows: Sec. 7. This act becomes effective on July 1, 2017, and expires by limitation on December 31, [2022.] 2021. Sec. 6. 1. This section and section 5 of this act become effective upon passage and approval. 2. Sections 1 to 4, inclusive, of this act become effective: (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On January 1, 2022, for all other purposes. 3. Sections 1 to 4, inclusive, of this act expire by limitation on January 1, 2026. 20 ~~~~~ 21