Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(81st) A SB267 R1 820 Amendment No.
267–Senator820 SpearmanSenate CHAPTER..........Amendment to Senate Bill No.
267 First Reprint (BDR 19-461) Proposed by:
Senate Committee on Finance Amends:
Summary:
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will REMOVE the unfunded mandate from S.B.
267 R1.
ASSEMBLY ACTION Initial and Da|e SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
BAW - Date:
5/29/2021 S.B.
No.
267—Establishes provisions relating to the collection and reporting of information concerning diversity and equality in the workplace.
(BDR 19-461) Page 1 of 7 *A_SB267_R1_820* Senate Amendment No.
820 to Senate Bill No.
267 First Reprint Page 3 SENATE BILL NO .
267–SENATOR S PEARMAN M ARCH 17,2021 _______________ Referred to Committee on Judiciary SUMMARY—[Establishes provisions relating to the collection and reporting of information] Authorizes the University of Nevada, Las Vegas, to conduct a study concerning diversity and equality in the workplace.
(BDR [19-461)] S-461) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
[CONTAINS UNFUNDED MANDATE (§§ 6, 7) (NOT REQUESTED BY AFFECTED LOCAL G OVERNMENT )] ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[requiring the Department of Taxation to develop in consultation with the Legislative Commission] 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[corporations business entities and state and local governmental agencies in this State;
revisingauthorizing thecorporations prospectivein expirationthis ofState anto existinguse the survey ofto businessessubmit conductedannual byreports to the SecretaryDepartment of State;Taxation and to make such reports available on their Internet websites;
requiring local governmental agencies to use the survey to submit annual reports to the Department of Taxation;
requiring state governmental agencies to use the survey to submit annual reports to the Division of Human Resource Management of the Department of Administration;
requiring the Department of Taxation to make the survey, the annual reports submitted to the Department of Taxation and aggregate data relating to such reports available on its Internet website;
requiring the Division to make the annual reports submitted to the Division and aggregate data relating to such reports available on its Internet website;
requiring the Department of Taxation and the Division to each submit an annual report to the Governor and the Director of the Legislative Counsel Bureau and make such reports available on their Internet websites;
authorizing the Department of Taxation and the Division to adopt regulations;] certain business entities and state and local governmental agencies in this State;
revising the prospective expiration of an existing survey of Senate Amendment No.
820 to Senate Bill No.
267 First Reprint Page 4 businesses conducted by the Secretary of State;
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 surveyissues areof currentlygender onlyequality effectivein throughthe Decemberworkplace; 31, 2022.
(NRShowever, 75A.400-the provisions relating to the 75A.430;survey are currently only effective through December 31, 2022.
section(NRS 775A.400-75A.430; of chapter 434, Statutes of Nevada 2017, at page 2896) This bill:
(1)section authorizes7 the University of Nevada,chapter Las434, Vegas,Statutes toof conductNevada a2017, studyat concerningpage diversity2896) andThis equalitybill in[establishes theprovisions workplaceconcerning andan toannual conduct a survey toof collectcorporations data and information from certain business entities and state and local thegovernmental existingagencies provisionsin ofthis lawState relatingwith regard to theissues annual survey of businessesdiversity conductedand byequality in the Secretaryworkplace. of State by making those provisions expire by limitation on December 31, 2021, instead of on December 31, 2022.
EXPLANATIONSection –6 Matterof this bill requires the Department of Taxation to develop, in boldedconsultation italicswith isthe new;Legislative Commission, a survey to be used to collect data and information relating to issues of diversity and equality in the workplace from corporations and state and local governmental agencies in this State.
matterSection between6 bracketssets [omittedforth material]the isinformation materialto be provided in the survey and requires the survey to be omitted.signed by an officer of the corporation or his or her local governmental agency or his or her designee, as applicable, who is authorized to complete the survey on behalf of the corporation or state or local governmental agency.
THESection PEOPLE7 OFof THEthis STATEbill: OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section(1) 1.authorizes corporations to use the survey developed by the Department to submit an annual report to the Department and, if the corporation has an Internet website, to make the annual reports available on the website, with any personally identifiable information redacted;
and (2) requires local governmental agencies to use the survey developed by the Department to submit an annual report to the Department.
Section 8 of this bill requires the Department to make available on its Internet website:
(1) the survey developed by the Department;
(2) the annual reports submitted by corporations and local governmental agencies;
and (3) aggregate data relating to the annual reports.
Section 8 requires that any personally identifiable information contained in a report must be redacted before the report or aggregate data relating to the report is posted on the website of the Department.
Section 9 of this bill requires the Department to compile annually the information the Governor and the Director of the Legislative Counsel Bureau.
Section 10 of this billrt to authorizes the Department to adopt regulations to carry out the provisions of sections 6-9 of this bill.
Section 10.2 of this bill requires state governmental agencies to use the survey developed by the Department to submit an annual report to the Division of Human Resource Management of the Department of Administration.
Section 10.4 requires the Division to make available on its Internet website:
(1) the annual reports submitted by state governmental agencies;
and (2) aggregate data relating to the annual reports.
Section 10.4 requires that any personally identifiable information contained in a report must be redacted before the report or aggregate data relating to the report is posted on the website of the Division.
Section 10.6 of this bill requires the Division to compile annually the information contained in the reports submitted to the Division into one report and submit the report to the Governor and the adopt regulations to carry out the provisions of sections 10.2-10.6 of this bill.the Division to Section 13 of this bill makes a conforming change to exclude the information redacted from reports in sections 8, 9, 10.4 and 10.6 from the provisions of existing law relating to public records.] :
(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.
Senate Amendment No.
820 to Senate Bill No.
267 First Reprint Page 5 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Delete existing sections 1 through 16 of this bill and replace with the following new sections 1 through 6:
4 Section 1.
“Business entity” means a corporation, partnership, limited-limited-liability liability company, business association, joint venture, limited-limited-liability 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.
-5. 81st Session (2021) – 2 – Sec.
“UNLV” means the University of Nevada, Las Vegas.
Sec.
and (b) A business entity, state governmental agency or local governmental agency may elect to complete the survey and submit it to UNLV.UNLV.overnmental 2.
2.
(a) The name of the entity.
(d) (1)The Peoplenumber whoof: are employed in a management position.
(1) People who are employed in a management position.
(e)Senate WhetherAmendment theNo. 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, - 81st Session (2021) – 3 – inclusion.nterest groups or a public commitment to gender (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.
820 to Senate Bill No.
267 First Reprint Page 6 (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, 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.
without(i) limitation,With sexualregard harassment,to whether the entity:ing,issue (1)of Hasanti-harassment, anincluding, anti-harassmentwithout policylimitation, insexual place.harassment, whether the entity:
(1) Has an anti-harassment policy in place.
(II) Variable work schedules for caregivers.
caregivers.(IV) On-site child care, off-site child care or employer-paid child care subsidies.
(IV) On-site child care, off-site child care or employer- paid child care subsidies.
-(2) 81stMaternity. Session (2021) – 4 – (3) In vitro fertilization.
(3) In vitro fertilization.
(a)Senate “ExecutiveAmendment position”No. 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.
820 to Senate Bill No.
267 First Reprint Page 7 (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.
(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.
UNLV shall keep confidential any information provided by the information provided by the Department pursuant to this subsection to any other person.
- 81st Session (2021) – 5 – (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 2.)(b) MUNLVMake shallsuch notperiodic includereports anyavailable personallyon identifiabletits Internet website.
information2. in a report submitted to the Governor and the Director of the Legislative Counsel Bureau pursuant to this section.
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.
~~~~~ 21 - 81st Session (2021)