MINUTES OF THE MEETING OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS. Seventy-Ninth Session April 3, 2017

Transcription

1 MINUTES OF THE MEETING OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Seventy-Ninth Session The Committee on Government Affairs was called to order by Chairman Edgar Flores at 8:05 a.m. on Monday,, in Room 4100 of the Legislative Building, 401 South Carson Street, Carson City, Nevada. The meeting was videoconferenced to Room 4406 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada. Copies of the minutes, including the Agenda (Exhibit A), the Attendance Roster (Exhibit B), and other substantive exhibits, are available and on file in the Research Library of the Legislative Counsel Bureau and on the Nevada Legislature's website at COMMITTEE MEMBERS PRESENT: Assemblyman Edgar Flores, Chairman Assemblywoman Dina Neal, Vice Chairwoman Assemblywoman Shannon Bilbray-Axelrod Assemblyman Chris Brooks Assemblyman Richard Carrillo Assemblyman Skip Daly Assemblyman John Ellison Assemblywoman Amber Joiner Assemblyman Al Kramer Assemblyman Jim Marchant Assemblyman Richard McArthur Assemblyman William McCurdy II Assemblywoman Daniele Monroe-Moreno Assemblywoman Melissa Woodbury COMMITTEE MEMBERS ABSENT: None GUEST LEGISLATORS PRESENT: Assemblyman Ira Hansen, Assembly District No. 32 Assemblywoman Brittney Miller, Assembly District No. 5 Assemblywoman Robin L. Titus, Assembly District No. 38 Minutes ID: 637 *CM637*

2 Page 2 STAFF MEMBERS PRESENT: Jered McDonald, Committee Policy Analyst Jim Penrose, Committee Counsel Carol Myers, Committee Secretary Cheryl Williams, Committee Assistant OTHERS PRESENT: Will Adler, representing Pyramid Lake Paiute Tribe Marla McDade Williams, representing Reno-Sparks Indian Colony Elisa Cafferata, Chair, Nevada Commission for Women Jan Jones Blackhurst, Executive Vice President, Public Policy and Corporate Responsibility, Caesars Entertainment Corporation Priscilla Maloney, Government Affairs Retiree Chapter, American Federation of State, County and Municipal Employees, Local 4041 AFL-CIO Tessyn Opferman, representing Nevada Women's Lobby Molly Rose Lewis, Field Organizer, NARAL Pro-Choice America Jean Laird, Board Member, League of Women Voters of Nevada Lynn Chapman, State Vice President, Nevada Eagle Forum Lea Tauchen, Senior Director of Government Affairs, Grocery and General Merchandise, Retail Association of Nevada Tray Abney, Director of Government Relations, The Chamber, Reno-Sparks-Northern Nevada Dana R. Bennett, President, Nevada Mining Association Bob Getto, Public Administrator, Churchill County Donald L. Cavallo, Public Administrator, Washoe County Jeff Page, County Manager, Lyon County Susan Merriwether, Clerk-Recorder, Carson City Claudette Springmeyer, Public Administrator, Douglas County Mary C. Walker, representing Douglas County [Roll was called. Committee rules and protocol were explained.] We are going to take the agenda out of order. We will start with Assembly Bill 415, next Assembly Bill 423, and lastly Assembly Bill 310. I will open the hearing on A.B Assembly Bill 415: Provides for the acceptance of a tribal identification card in certain circumstances. (BDR ) Assemblyman Ira Hansen, Assembly District No. 32: I am Ira Hansen, Assemblyman for Assembly District 32, which includes 38,000 square miles of Nevada and eight different Indian colonies or reservations. Last session, I was the Chairman of the Assembly Committee on Judiciary, and Assembly Bill 415 originated as a Judiciary Committee bill.

3 Page 3 Assembly Bill 415 allows for the official federally recognized Indian tribes in Nevada to issue their own identification (ID) cards. This is already allowed under federal law. Nevada does not have it in its statutes. The official tribes of Nevada that I know of are the Washoe, Paiute, Shoshone, Goshute, and Bannock indigenous peoples. An individual must be an official member of a federally recognized tribe to get that tribe's ID card. The tribe issues the tribal ID card, and it is similar to the look of a driver's license. Under current Nevada law, the tribal ID cards do not have to be recognized as a legal form of identification. Since they are recognized federally, this bill is bringing the Nevada Revised Statutes (NRS) up to federal code. That is the entire gist of A.B Will Adler, representing Pyramid Lake Paiute Tribe: This bill will be for a specific level of identification that can meet the current requirements of a Real ID. It is not for any tribal ID to be a state ID. Section 1, subsection 3, lists the requirements the ID card must contain. Identification cards of this standard are already produced by tribes like the Pyramid Lake Paiute Tribe. These tribal ID cards have a Transportation Security Administration, U.S. Department of Homeland Security, waiver allowing them to be used to board an airplane. That standard for federal quality already exists. The state of Nevada has never acknowledged its Native American tribal ID cards, at any level, as a Nevada state ID. This bill will close the loophole and allow for the tribal ID cards of a particular standard to become an automatic Nevada state ID card. The tribal ID card can be used at the Department of Motor Vehicles (DMV) and other places where an ID card is necessary to provide proof of age or identity. This unifies federal and state law and acknowledges the quality of ID cards produced by the federally recognized Native American tribes in Nevada. Assemblywoman Bilbray-Axelrod: I have two concerns. How will people know these tribal ID cards are valid state IDs? For example, someone goes in to purchase cigarettes. Bars use the ID book that contains all valid IDs issued by state and federal agencies. Are the tribal ID cards easily forged? Will Adler: Native American tribal ID cards are not included in the big book of IDs because they are not acknowledged as a Nevada state ID. The tribal ID card has the tribal nation seal, a photograph of the individual, and it will be appropriately acknowledgeable. Today, the tribal ID card is accepted by most people, but it is not in any education program concerning Nevada state ID cards. There are only two other states that have a statute including these tribal ID cards. Montana had a problem with gas station attendants not understanding what the tribal ID card was. Montana issued public service announcements and newspaper advertisements to make people aware of the tribal ID cards. There was a growth period for awareness, but it did not take too long.

4 Page 4 Assemblyman Hansen: I would like to add that the reality today is that anything can be forged. The tribal ID card is officially recognized by the federal government. People may be a little skeptical or suspicious at first, and it may take a while to catch on, but that is true of anything new. In areas such as Winnemucca, Battle Mountain, or other areas with a large Indian population, the acceptance will take less time. The tribal ID cards will be accepted just as a driver's license or any other form of officially sanctioned identification. I would like to remind the members this is something already acceptable at the federal level, and A.B. 415 is creating parity between federal and state law. Assemblyman Brooks: You mentioned it meets the requirements of a Real ID. Will it be considered a Real ID when those laws phase in? Will Adler: I can only speak to the Pyramid Lake Paiute Tribe's ID card. The tribe has applied for Real ID status and was told their ID card would be a Real ID when the program goes live. Their tribal ID card already meets the Real ID standards. When I brought this bill forward prior, Chairman Hansen and current Chair Yeager of the Judiciary Committee both agreed that this was a good bill. Tribes issue their own ID cards so it will not cost Nevada much and they already meet the federally recognized standard. Assemblyman Brooks: Will it have the same symbol as the Real ID? Will Adler: Real IDs allow for each state or issuing organization to choose its own symbol. Nevada's Real ID symbol is a star in the right corner of the driver's license. The tribes will have paperwork from the federal government to prove its tribal ID card is a Real ID. Assemblyman Carrillo: I will piggyback on Assemblyman Brooks' question. Real IDs are required to have a physical address listed. Will the tribal cards have this same requirement, or will post office box numbers be allowed? Will Adler: Real IDs require that the address listed be an actual physical address. The Pyramid Lake Paiute tribal ID card lists a physical address. When members apply for a tribal ID card, they must list their genealogy stating they are a member of the tribe because of their heritage. If the heritage is in question, the individual is required to get a blood test that will determine their blood quantum. This is one of the hardest ID cards to get in Nevada. It would be hard to forge because they are only issued by the tribe for its tribal members.

5 Page 5 Assemblyman Hansen: Section 1, subsection 3, paragraph (e) is very specific in stating, "The address of the principal residence of the holder of the card." I do not think a post office box would qualify. Assemblyman Ellison: Can the tribal ID card be picked up at the DMV? Or, do they get it through a federal agency? If so, how does that process work? Do they send in a picture? Will Adler: Tribal governments are a sovereign nation and granted the responsibility to issue tribal IDs to their own members by the federal government. The tribal ID cards are issued on the reservation or colony by the tribe's government. They do not go to the DMV, and the State of Nevada does not print them. They are printed by the tribal government. Assembly Bill 415 allows for acceptance of tribal ID cards that meet a certain quality standard to be acknowledged as a Nevada state ID. Assemblywoman Monroe-Moreno: Is it known if all the reservations and colonies have the tribal ID cards? Is there a possibility that some Native American governments do not know about the ID cards? How will we get the word out that they can start issuing their own tribal ID cards as an accepted Nevada state ID? Will Adler: Currently, all official federally recognized Native American reservations and colonies can issue their own tribal ID cards. But there are only certain IDs of a certain quality that will be recognized as a valid Nevada state ID. For example, the tribal ID card must contain a photograph of the holder. Most tribes, including the Pyramid Lake Paiute Tribe, are already issuing IDs to that standard. Assemblywoman Monroe-Moreno: For those that are not up to the standard, is there a mechanism in place to assist them to get to the standard of a Real ID? Will Adler: A mechanism for that is not included in A.B It may be next session if we find there is a lag time in meeting the Real ID standards. Currently, tribes issue their own tribal ID cards, and they operate internally within the reservation or colony, but they are not recognized as a Nevada state ID. Tribal ID cards that meet the standard will be recognized. Identification cards that do not will have to be brought up to that standard.

6 Page 6 Assemblyman Hansen: I think they are probably up to those standards. The number of Native Americans in Nevada is actually a relatively small group, and they are very interconnected. The idea that one tribe is not aware of it is unlikely. I have not talked with every tribal representative in my district, but the different reservations and colonies all know each other extremely well, and in many cases they are family. Assembly Bill 415 is incorporating the federal law and the federal ID programs into the NRS. Assemblywoman Neal: I would like to get into the bill and talk more about the problems that have occurred for the legislative record. Section 2 discusses revolving solicitation of credit or making a firm offer of credit to a person and the proof of identity that is accepted. In section 2, subsection 2, paragraph (b) the language "or tribal identification card" is inserted after passport and driver's license. How has the offer of credit been working in Nevada without a tribal ID card? Federal law typically covers the approval of credit. Why is there no translation from federal law to state law since most of that is regulated at the federal level? Will Adler: For A.B. 415, we pulled the NRS chapters concerning proof of identity and in places where IDs such as a driver's license were listed, we added the language "tribal identification card." We also added an overarching statement that whenever a driver's license is accepted, so shall a tribal ID card. The bill allows for me, as a member of a Native American federally recognized tribe, to use my tribal ID card as a form of identification in Nevada. It is to add tribal ID cards as appropriate identification to the NRS. Assemblywoman Neal: I am interested in hearing what the particular problem or public policy issue is that occurred. Is there an example that you can put on the record? I am looking for an example of how credit for a tribal member was not approved because they failed to have a state-approved ID card. Section 9, subsection 2, paragraph (a) mentions black smokeless gunpowder. Why is it necessary to insert the tribal ID card for the fireworks provision? Will Adler: There are several examples of the need to use a tribal ID. First and foremost is banking. Members may receive social security checks, government checks, or payroll checks. Many older tribal members may only have a tribal ID card as a form of identification. They have been to the bank before and not been allowed to cash their own check even though the name on the check is the same as their tribal ID card. The check was not cashed because the tribal ID was not recognized as a Nevada state ID.

7 Page 7 Banks are regulated by federal law, but they are governed by the State of Nevada concerning identifications. The same is true for DMV and other state offices. Members have presented their tribal ID card to those offices, and the process has been stopped because the state agency does not recognize the tribal ID card as an official Nevada state ID. The DMV is the hardest hurdle for tribal members because two forms of ID must be shown to get an initial driver's license. Many times older members of the tribe do not have a birth certificate or a social security card. Allowing their tribal ID card as a valid state ID removes one of the requirements and makes the process a lot easier for them. Assemblywoman Neal: That answers my question. The other issue concerns section 4, subsection 2, paragraph (c) and the petition of guardianship. What has been a common occurrence when someone is trying to get guardianship over a relative? Will the tribal ID card assist with guardianship if they do not have the requisite identification cards listed? Will Adler: Yes, I do believe so. Some tribes are very distant from the DMV, and they may not have another form of ID. I cannot speak to this very well, and our member who has specific details was unable to make it today. That was asked for specifically because there are many guardianship cases to deal with on reservations. Is there anyone in Carson City or Las Vegas wishing to speak in support of A.B. 415? Marla McDade Williams, representing Reno-Sparks Indian Colony: We want to go on record as in support of this measure. We support the tribal ID card as a recognized Nevada state ID. Assemblywoman Neal: Can you offer some examples of situations that have occurred around the tribal ID card not being a valid Nevada state ID? Marla McDade: I cannot answer specifically. My own tribal ID does not have a photograph on it, so I needed another ID that was a valid Nevada state ID. There are people who do not have driver's licenses, and when they are in a situation where it is equivalent, it makes sense for them to use it. I know the Reno-Sparks Indian Colony does not have an ID that would meet the conditions required here. They would have to change their systems, but they are in support of the bill because not everyone gets a driver's license. Is there anyone in Carson City or Las Vegas wishing to speak in opposition to A.B. 415? [There was no one.] Is there anyone in Carson City or Las Vegas wishing to speak in the neutral position? [There was no one.] Are there any closing remarks from the bill sponsor?

8 Page 8 Assemblyman Hansen: We would like to say this is a very simple bill and it will do a lot of good, especially for the small population of Native Americans in the rural parts of the state. We would urge its passage. I will close the hearing on A.B. 415 and open the hearing on Assembly Bill 423. Assembly Bill 423: Requires the Nevada Commission for Women to collect and report information related to gender equality in the workplace. (BDR ) Assemblywoman Brittney Miller, Assembly District No. 5: I would like to present Assembly Bill 423 and then turn the presentation over to the Chair of the Nevada Commission for Women, Elisa Cafferata. Currently, the Nevada Commission for Women has two main objectives required by existing law. The first is to study the roles of women in society, and the second is to collect and disseminate information on activities, services, and programs available to women in Nevada. Assembly Bill 423 would task the Nevada Commission for Women with the additional role of designing and conducting an annual survey of employers with 100 or more employees in Nevada. The data collected would be information relating to gender equality in the workplace. Section 2 of A.B. 423 requires that the data collected be used to maintain a gender equality index. The index will score or rate each employer on issues of gender equality in the workplace. The index must be available on the Department of Administration's website. Additionally, the Nevada Commission for Women is required to submit an annual report to the Governor and the Director of the Legislative Counsel Bureau. Additionally, section 3 of A.B. 423 provides for when an employer does not respond to the Nevada Commission for Women's survey. The Commission may rate the employer on issues of gender equality based on other sufficient information about the employer. Compiling a gender equality index, sometimes referred to as a gender inequality index, for Nevada is an important addition to the role of the Nevada Commission for Women. According to the U.S. Department of Labor, of the 123 million women in the United States over the age of 16, 72 million, or 58.6 percent, are in the labor workforce. That means they are currently working or looking for work. Women are projected to account for 51 percent of the increase in the total labor workforce between the years of 2008 and Among women employed in the workforce, 40.6 percent are in management, professional, or related occupations, and 32 percent of the women work in sales and office occupations.

9 Page 9 Currently, the Nevada Commission for Women is charged with studying the changing and developing roles of women in society, including a wide array of socioeconomic factors that influence the roles of women in Nevada. Women often face unique issues in the workplace or when trying to enter the workforce, such as expanded child care options, equal pay for equal work, flexible work hours, and paid family leave. These are several important policies that can help women successfully enter and stay in the workforce. The creation of the gender equality index through the Nevada Commission for Women will strengthen Nevada's workforce development efforts, our state, and our hardworking families. When women do better, families do better. I would like to turn the presentation over to the Chair of the Nevada Commission for Women, Elisa Cafferata. Elisa Cafferata, Chair, Nevada Commission for Women: I believe we have Jan Jones Blackhurst on the phone. She had the idea for this project and can explain why she would like to see this in place. Jan Jones Blackhurst, Executive Vice President, Public Policy and Corporate Responsibility, Caesars Entertainment Corporation: I have worked very closely with Senator Patricia Farley, Senator Becky Harris and Chair Elisa Cafferata of the Nevada Commission for Women to come up with a concept to have Nevada companies voluntarily answer a policy questionnaire pertaining to women within their organizations. This is very similar to the Washington, D.C., Human Rights Campaign's (HRC) Corporate Equality Index. Companies state their positions on family leave, flextime, child care, women's health care coverage, and other issues. We found that measurement and transparency really allowed companies that are very forward-thinking to use the report as a recruiting tool. For other companies, they may choose to look at the information and measure how they are doing in comparison. For the last 25 years, women in the workplace have been working to achieve equal pay for equal work. I know there are a lot of forward-thinking companies in Nevada including my own company, Caesars Entertainment Corporation that have taken those measurements very seriously. There is data that we have been studying, both at the Women's Research Institute of Nevada at the University of Nevada, Las Vegas, and Caesars Entertainment Corporation, that shows revenue, return on sales, and return on income are higher with a higher representation of women in the workforce. I think it is a tremendous opportunity for Nevada to lead on this issue. I am willing to work with the Committee in both the Assembly and the Senate, and the Nevada Commission for Women to move this bill forward. Elisa Cafferata: I am here today wearing my hat as Chair of the Nevada Commission for Women. I believe Ms. Jones Blackhurst is at the airport for a flight out of the country. If there are any questions from the Committee, it may be best to take those and then begin the presentation.

10 Page 10 Members, we can take advantage of the fact that Ms. Jones Blackhurst is on the phone now. Assemblywoman Neal: Ms. Jones Blackhurst, I am curious, you mentioned there are some businesses in Nevada that are doing this and taking it very seriously. How many businesses are there? Jan Jones Blackhurst: My reference is not that businesses are filling out a questionnaire but that they are taking a strong gender equality platform stance. Caesars Entertainment Chief Executive Officer, Mark P. Frissora, is very supportive of not only women in the workplace but also putting in place a gender index of this type. Other Nevada companies such as Switch have a huge representation of women across all levels of their companies. The MGM Grand has been a leader in diversity and gender equality. My point was that many of the big, large banks, especially when it comes to family leave, have already taken progressive steps on these issues and have adopted voluntary measurement and transparency policies. I think this could be very beneficial to the women of this state. Elisa Cafferata: I would like to briefly go through what the Human Rights Campaign (HRC) report looks like that Ms. Jones Blackhurst referred to. We have mentioned it as a model and provided some example questions that might be covered in our own gender equality index. I presented to this Committee on the Nevada Commission for Women, so you are familiar with our organization. The Nevada Commission for Women's mission is to advance women toward full equality in all areas [page 2, (Exhibit C)]. The goal of the gender equality index report is to recognize companies that are already doing the work to advance toward equality [page 3, (Exhibit C)]. The index could be used as a tool to recruit top talent. Companies can demonstrate how they fully engage their workforce. The list might encourage more companies to step up and put policies in place to help advance everyone in the company according to their talents. It is modeled after the HRC Corporate Equality Index, which is produced annually [page 4, (Exhibit C)]. They have been publishing it for 10 to 15 years. The HRC methodology focuses on very large companies. They are looking at publicly traded companies and the top 200 law firms in the country. Private-sector and for-profit employers with 500 or more employees can request to participate [page 5, (Exhibit C)]. They have specific sources they use for their report, but these sources do not work for a state-level report. The sources they use [page 6, (Exhibit C)] are the Internal Revenue Service (IRS), Department of the Treasury, Form 990 tax filings, case law, and any available public documents like the U.S. Securities and Exchange Commission trading information.

11 Page 11 They focus more on policies and less on numbers of employees in certain categories such as lesbian, gay, bisexual, and transgender orientation [page 7, (Exhibit C)]. The questionnaire might consist of questions such as, Do you have a nondiscrimination policy? Do you have training programs? Do you offer partner benefits regardless of gender? Their scoring system gives points for different categories such as equal employment policies for employees and vendors [page 8, (Exhibit C)]. The report is used largely from a promotional aspect. They publish annually a list of "Best Places to Work," listing all the companies receiving a 100 percent score on their Corporate Equality Index [page 9, (Exhibit C)]. The list is categorized by industry type, and examples of categories are advertising and aerospace. Every industry is in its own category. Advertising companies are not being compared with aerospace companies. Bloomberg L.P. has created a Financial Services Gender-Equality Index, which they use as an add-on for investment value. I want to share with you the reason why they do that. There is evidence demonstrating that gender equality policies and practices can affect a company's financial performance, productivity, and ability to retain top talent. Not only is it good for companies, women, and families, it actually makes for a great investment. An index can be used as an investment tool [page 10, (Exhibit C)]. This slide [page 11, (Exhibit C)] lists the specifics of Nevada's gender equality index. Assemblywoman Miller has gone through the specifics of the bill. Another question we are asked is what possible survey questions might we include [page 12, (Exhibit C)]. Here is a list of example questions. How many are women versus men on the board of directors? How many minority women are on the board of directors? Does the company track representation of women in leadership and set goals for increases in representation? Additional questions [page 13, (Exhibit C)] are, Does the company have a harassment training program? Are there policies regarding equal pay? Are there policies on child care, elder care, and other family care? Those are some examples, and the final survey questions are yet to be determined. Assemblyman Daly: I understand the survey is voluntary and there can be an advantage to responding. Section 3 states, "If an employer does not respond to a survey conducted pursuant to section 2 of this act, the Commission may rate the employer on issues of gender equality in the workplace if the Commission is otherwise able to obtain sufficient information about the employer on such issues." What is the other information the Nevada Commission for Women might use? I know there is public information available on companies such as executives and board members, but I am curious about the other type of information available.

12 Page 12 Elisa Cafferata: The HRC report sources presented [page 6, (Exhibit C)] include the IRS Form 990 tax returns. That information might not be available for companies with 100 employees or more. We have been approached by several groups that want to work with us, and that is a major concern that The Chamber, Reno-Sparks-Northern Nevada has identified. We envision the other sources to be something similar to public records, maybe data from the Office of the Secretary of State. We are not envisioning the report to use online review sources. The "other sources" language is possibly something we could tighten up with an amendment to A.B Assemblyman Daly: My second question concerns section 6, which allows for an exemption from the requirement to submit a report to the Legislature. Nevada Revised Statutes (NRS) 218D.380 added that exemption because agencies were drowning in reports. The requirement to review after five years does not kill the report; it determines if the report is still needed and if useful information is being provided. The way I read A.B. 423, the report is going to be published on the Internet, and that will be the source for people versus the information in a report. I hope you reconsider the efforts of the Legislature and how they determine the usefulness of a report after five years rather than exempt the Nevada Commission for Women. I would ask you to consider removing that exemption, and then if the report has merit, the Nevada Commission for Women will be in good shape after five years. Assemblywoman Miller: Yes, we will definitely take that into consideration. That is a well-received recommendation. I want to follow up on what Chair Caffareta was saying about the "other sources" of additional information because there was concern that Yelp.com might be used to review companies. A lot of vital information can be found by digging through a company website. Many companies share their policies, procedures, benefits, et cetera. Those are the types of things that would be in line with our research for the report. When the Nevada Commission for Women meets, they will discuss those sources and the types of survey questions to be asked because the information will be made public. They will develop a process for gathering information about the gender equality index. Assemblywoman Bilbray-Axelrod: I think this report is timely and important because one of the larger issues of gender inequality is the pay gap. It does not appear that will be specifically addressed. Will salary information be collected and reported? How will that be done? If not, why will it not be collected? Elisa Cafferata: The specific questions will be decided by the Nevada Commission for Women. Initially, the goal will be questions that are easily answered by companies with 100 or more employees. Some companies have human resources departments or staff who already do this type of reporting. But these are still small businesses, and we are not envisioning a report requiring grids of all pay levels and pay scales. We had a conversation with the Department

13 Page 13 of Administration and the Department of Employment, Training and Rehabilitation in preparation for this morning's bill hearing. Nevada does not have corporate tax or personal income tax, so that information is not available and it could be quite costly to get. It is a good conversation to have, but given the effective date of the bill, I do not know that the Nevada Commission for Women would report on pay gap directly. I do agree it is a critical piece. We hear in a lot of the bills presented that the pay gap is a myth and we really do not know because we cannot gather that information in Nevada. I do not think initially it will get reported, but we will certainly move towards that. There is a possibility of looking at pay grades, positions, or something as a way to get started, but I think it is a longer conversation. Assemblyman Ellison: The Legislature gets a lot of reports back from businesses. This could have a boomerang effect if it keeps going. Thank God, the bill states employers with 100 or more employees but eventually, it may be everyone will have to do this, which is kind of scary. I am glad Assemblyman Daly brought up a number of reports currently required by the Legislature, the reference to section 3, and what happens if an employer does not respond to the survey. An employer will require a full-time person to produce the reports required by this year's session. Please respond to that. Will employers get a black mark, slap on the face, or a fine if they do not respond? Assemblywoman Miller: We do understand the concern about a company receiving a black mark for not responding to the survey. It is envisioned as an electronic survey with simple questions, so people are more likely to respond. We recognize that researching companies that do not respond will be taxing on the Nevada Commission for Women, which is why they will develop a policy and procedures on when companies of 100 or more do not respond. The Nevada Commission for Women may decide to look at certain businesses based on the nature of the industry or curiosity of what is happening in that industry. We are not trying to blackball any types of businesses; rather, we are trying to celebrate those who are putting forth a direct effort to enable and support women in the workforce. Assemblyman Kramer: I cannot find where the bill states if this is private or public sector. Will governments be responding as well? Elisa Cafferata: I believe you are correct. I do not think it specifies public sector or private sector. That is something we could clarify to make it more clear. Generally, public sector employees' salaries are public information, and they are in a little different boat than private sector employees. If you have a specific strong feeling one way or the other, we would be happy to hear it.

14 Page 14 I will follow up on that. I understand that a lot of the employee data in the public world is already out there, but not the ranking system. In other words, if at the government level we are still not satisfying what we think is fair and equitable, I still think that ranking system will be strong. The data is out there, and we know who is already transparent and ensuring men and women are paid the same for the same type of work. I believe a check mark next to them might be effective. Assemblywoman Miller: We will definitely take that into consideration, Chairman. Generally, when researching the public sector, their benefits, policies, and procedures are available, making it more accessible for the Nevada Commission for Women to research. Assemblywoman Monroe-Moreno: Thank you so much for bringing this bill forward. I think for any applicant researching a job, this would be another tool in the toolbox. A woman could use the index to find a job that satisfies her needs and those of her family. I understand the concern of a company that does not choose to participate in the survey. Would that company be listed as "did not participate," leaving applicants to perform additional research on their own? Assemblywoman Miller: That is something the Nevada Commission for Women will work on. It has been brought to our attention as a concern. The goal is not to blackball companies. We understand that the statements "refused to respond" or "did not respond" might be interpreted negatively. We are putting together a conceptual amendment that will address that, where responding to the survey would be more of a gold-seal standard or a blue-ribbon status. An applicant can review the company or industry that meets their needs and allows them to be successful in the workplace as well as managing their family. We do not want to hinder or blackball any employer. Assemblywoman Neal: My question is in section 3, but your previous statement answered my concern on blackballing employers. As I was reading section 3, it seemed there would be the potential to boycott or to place a negative stain upon a business. I was curious about that provision because in real life, this particular provision has real consequences on who walks through the door of a business. Although we want to promote equality, we want to promote responsibility, and I like Ms. Jones Blackhurst's comment on having balance. We do not want to hurt a business to the point of not being able to function. I realize we are discussing employers with 100 employees or more, but that was my concern.

15 Page 15 Assemblywoman Miller: We believe a sort of peer pressure will develop around being published in the report. If businesses are receiving a gold-star standard or blue-ribbon status, then other businesses will be motivated or encouraged to have the seal. They will be comparing themselves with the policies and services of the businesses on the list. We are in no way advocating anything that would lead to a boycott of other businesses by customers or applicants. Assemblywoman Neal: Is there another proactive approach in addition to A.B. 423 for a business that might need guidance or help in trying to walk this pathway? Maybe they do not have the resources such as time to commit to this. The bill does not allow a conversation to happen; it only allows the existence or nonexistence of X. What is done in those circumstances? Elisa Cafferata: I know in the case of the HRC, after which we are modeling, they offer resources to companies on model policies and training. That is something the Nevada Commission for Women has discussed. We can identify possible model policies, but we would not be in the position to offer training. We could certainly provide a resource list of available trainings. We had a roundtable discussion with the U.S. Department of Labor on paid leave policies as an opportunity to present what other states and communities are doing. I think we could continue to do that, either build that into the bill or certainly it is part of the intention of the work we would be doing. It is not only about the one element of having a gold-star standard or blue-ribbon status, but also about providing resources for companies to move forward in this area. Assemblywoman Neal: I think providing other resources, not just the HRC, and allowing companies to take baby steps will generate more interest from companies. Sometimes in a business practice, we are thinking more moderately in what we would like to roll out and implement. I would just consider that as a range of options in your world of gender equality. I do not want a business to get worried, scared, or feel like it has to meet this gold-star standard immediately. You have this power as a commission to rank them for failure to meet 100 percent. I do not know how businesses would be able to meet that in such a short period of time because the effective date of the bill is July 1, Is there anyone in Carson City or Las Vegas wishing to speak in support of A.B. 423? Priscilla Maloney, Government Affairs Retiree Chapter, American Federation of State, County, and Municipal Employees, Local 4041 AFL-CIO: We are in full support of this bill. In the interest of full disclosure, I want to mention that the Nevada Commission for Women graciously reached out to me and asked for my input on women's issues and retirement security. On October 11, 2016, I submitted written testimony

16 Page 16 and was also present to discuss that topic. As you may have heard this session in different contexts, when we are talking about income equality in this country, the situation really hits home with the plight of older retired women. They may have taken ten years, fifteen years, or however long to be a caregiver to an elder parent, or they may have stayed at home with children. All of these things create gaps that are not recognized; for example, by social security. Social security can often be the main retirement vehicle for income during an older woman's retirement years. I was listening to the comments about the concerns, and there is a similar bill of an index to be published by the Office of Economic Development, Office of the Governor, on the Internet. It has been an honor to participate in the Nevada Commission for Women's meetings. I have been asked a couple of times to speak at the U.S. Department of Labor roundtable that Ms. Cafferata graciously invited me to. These issues can really matter over a woman's life of trying to make sure that retirement security preparations are adequate. I see this as a tool in the toolbox for a kind of analysis when someone is planning her financial future. We are in support of this bill. Tessyn Opferman, representing Nevada Women's Lobby: We are in support of this bill because we are working toward gender equality in the workplace. We especially like this bill because it does not punish the business nor is it especially burdensome to the business. In fact, it only asks for a response to a voluntary survey. We are in support, and we think it will incentivize businesses to work toward better gender equality practices in the workplace and reward those businesses that already have those practices in place. We ask for your support. Molly Rose Lewis, Field Organizer, NARAL Pro-Choice America: We are a nonprofit organization dedicated to fighting for reproductive freedom. We are in support of this bill and ditto what others in support have said. Jean Laird, Board Member, League of Women Voters of Nevada: I would like to say we are in support of this bill because we think gender equality in the workplace is a good thing. This bill is part of the process of getting there. I am hoping they get the support they need because they do not have any funding to accomplish this. I hope someday the Nevada Commission for Women, and other commissions, get some much-needed operating funds. Is there anyone in Carson City or Las Vegas wishing to speak in opposition to A.B. 423? Lynn Chapman, State Vice President, Nevada Eagle Forum: I want to start off by saying, is there a men's equality index? I do not think so. The government has a way of having something start off as voluntary, and it somehow ends up being mandatory. We have to be very careful about this.

17 Page 17 I do have a question that I would like you to think about. What about disputes? Where does a business go when it has a problem with the information on a government's website? Where do they go to have the situation resolved? I was interested in where they would get the information on an employer who did not fill out the survey. I thought, what about family-owned businesses; they would not have a board, directors, and blah, blah, blah, even though they may have 100 employees. The gender gap was brought up and why was that not included, et cetera. I would like to have one little quote put on the record, it is an article, and it is titled, An Analysis of Reasons for the Disparity in Wages Between Men and Women. It was prepared under contract for the U.S. Department of Labor in It states, "... this study leads to the unambiguous conclusion that the differences in the compensation of men and women are the result of a multitude of factors and that the raw wage gap should not be used as the basis to justify corrective action. Indeed, there may be nothing to correct. The differences in raw wages may be almost entirely the result of the individual choices being made by both male and female workers." Steve Tobak of MoneyWatch interviewed Marty Nemko. He is an acclaimed career expert and best-selling author, and he gave a lot of different types of reasons that explain the wage gap and why it is a myth. Some of the information is that men are likely to have higher-paying fields and occupations by choice. Only 9 percent of the female professionals were employed in the relatively high-paying computer and engineering fields compared with 38 percent of male professionals. Also, women are far more prevalent in the relatively low-paying education and health care occupations. Men are more likely to work in uncomfortable, isolated, and undesirable locations. Even with the same career categories, men are more likely to pursue higher-stress and higher-paid areas of specialization. For example, in the medical profession, men are more likely to choose brain surgery, and women usually end up with specializations like pediatrics or dentistry. The survey did contain a statistic on unmarried women who have never had a child: actually, they earn more than unmarried men. That was from the U.S. Census Bureau. We do have some gender gap problems that are not real problems. Businesses are in business to make money and pay their employees and to go about their business. They do not always have time to do things like surveys, et cetera. I will let the business people talk about that end of it. I would like for this Committee to think about this and oppose this bill. Lea Tauchen, Senior Director of Government Affairs, Grocery and General Merchandise, Retail Association of Nevada: We are speaking in opposition to A.B. 423 as written. While we certainly want to encourage businesses in Nevada to enact gender equality practices, and we do understand the intention of the proponents, we are concerned with the language in the provisions of this bill.

18 Page 18 Section 4 defines an employer as having 100 or more employees. We would consider this a rather small sampling and believe that it may be difficult to make an accurate assessment or find meaningful correlations. As you saw from the presentation, the HRC index uses very large Fortune 200 companies that have the resources to track this information. Section 2, subsection 2, paragraph (a) mandates that the Department of Administration make the index ratings of businesses available online. We understand from the presentation that the goal is to recognize employers who are doing the right thing, but we are worried about the potential shaming of businesses that may not score well. We are concerned with how publicizing a company's score may affect its future profitability, productivity, or ability to retain top talent. Finally, in section 3, if a business chooses not to respond to the survey, the Department of Administration may rate it by obtaining information from other sources. We are concerned as to the validity or factual nature of the sources that may be referenced, as there are no limitations specifically stated in the bill. I think it has been mentioned already, but online sites such as Glassdoor.com, RateMyEmployer.ca, Yelp.com, or any other social media site where disgruntled employees may air their grievances is cause for alarm. However, I do want to add, having heard the presentation and the idea that there may be a conceptual amendment coming, we would like to reserve our ability and opportunity to reconsider our position if this does move toward a voluntary gold-star standard program. Tray Abney, Director of Government Relations, The Chamber, Reno-Sparks-Northern Nevada: I will ditto what Ms. Tauchen has said. If we move toward a gold standard of companies setting an example for other companies in this state, I think that is the right thing to do. As the bill is written, we have the same concerns that the Retail Association of Nevada has. Is there anyone in Carson City or Las Vegas wishing to speak in the neutral position on A.B. 423? Dana R. Bennett, President, Nevada Mining Association: The Nevada Mining Association is a trade organization consisting of over 420 companies working throughout this state to locate, develop, and produce over 20 metals and minerals. Nevada's mining industry is an innovative, high-tech industry that provides the elements that are essential for all of the devices that we use every single day. Nevada's industry is a modern industry and a diverse industry, which is why I am here today. Few industrial workforces have changed as dramatically as mining has in my lifetime. In 1964, less than 6 percent of the total mining workforce throughout this country was female. In Nevada, it was less than 1 percent. Seventeen states had laws that specifically prohibited women from working in or around mines. Nevada did not have that law, but we had laws on the books that restricted the number of hours a woman could work

19 Page 19 during the day and the number of hours a woman could work in a week. In that same year, it was suggested that this association's office manager be promoted to the job that I now hold. She refused, insisting that no woman would ever lead the Nevada Mining Association. Fast forward five decades and you will find Nevada women not only working in this job but in jobs throughout the industry. Women are working in underground mines; we are driving 400-ton haul trucks; we are responsible for environmental permitting; we are running mine sites; we are senior corporate managers; we are on boards of directors; and we own mining-related businesses. Responsible mining companies are deliberately building diverse workforces because it is the right thing to do and because it is good business. Recent studies indicate that women are less damaging to the equipment they operate and that companies with women on their boards are more profitable. I am pleased to point out that you will find mining represented on the HRC index that was mentioned earlier of companies that have scored 100 percent. Good business can also be good for employees. A recent study in Australia found that 93 percent of the women working in mining would recommend mining as a good career for other women. In Nevada, this industry pays an average salary that is twice the state's overall average. A Nevada miner is more likely to have health insurance than other Nevada workers. And Nevada mining is Nevada's original science, technology, engineering, and math industry. It is one of the safest places to work in this state. Nevada mining is proud of its progress toward a diverse workforce, but we recognized that there is more work to do, and we are doing that work. I chose 1964 as my starting point for a reason. In that year, Governor Grant Sawyer established the very first Commission of the Status of Women, which worked to eliminate many of the barriers that I mentioned earlier for women in business. The current Nevada Commission for Women can certainly build on that foundation. I am particularly encouraged by the idea that was mentioned by the sponsor of a gold-seal standard or a blue-ribbon status as a way to commend businesses that prioritize gender equality and workforce diversity. If this voluntary program establishes a baseline, companies can apply to achieve this gold star, this blue ribbon, this seal of approval. So rather than have a program that might be perceived as punitive, the Nevada Commission for Women could develop a program that could be perceived as desirable and offer a competitive advantage for businesses that strive purposely towards gender equality. Regardless of what happens with this bill, Nevada mining will continue to make progress in the development of a fully diverse workforce. Assemblyman Ellison: Thank you for your statement, and I agree with you. Nevada mining has done a great job. I have two nieces working in the mines, and they would not trade it for the world. I have some concerns and issues within this bill for the smaller businesses that cannot afford to go in and do these different filings every year.