A.B. 154
- *AB154*
ASSEMBLY BILL NO. 154–ASSEMBLYMEMBER MILLER
PREFILED JANUARY 30, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Creates the Nevada Office of the Inspector General.
(BDR 18-334)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
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 governmental administration; creating the
Nevada Office of the Inspector General; setting forth the
powers and duties of the Inspector General and employees
of the Office; requiring a state agency or local
government to cooperate with and provide assistance to
the Inspector General in carrying out those duties;
creating the Nevada Office of the Inspector General’s
Fund; prohibiting retaliation against certain persons who
make a lawful complaint concerning fraud, waste, abuse
or corruption in a state agency or local government;
prohibiting certain acts to deter or prevent the Inspector
General or an employee of the Office from performing his
or her duty; imposing increased penalties for certain acts
of assault or battery on the Inspector General or an
employee of the Office; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Office of Finance in the Office of the Governor, 1
consisting of the Director of the Office, the Division of Internal Audits and the 2
Budget Division. (NRS 223.400) This bill creates the Nevada Office of the 3
Inspector General as an independent agency. Sections 2-6 of this bill define terms 4
related to the Nevada Office of the Inspector General. Section 7 of this bill creates 5
the Nevada Office of the Inspector General, consisting of the Inspector General and 6
any person employed in the Office. Section 7 also requires the Governor to appoint 7
the Inspector General for a term of 4 years from a list of candidates submitted by 8
the Legislative Commission. Section 8 of this bill requires the Inspector General to 9
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administer provisions of law governing the Office. Section 9 of this bill: (1) 10
requires the Inspector General to appoint a deputy inspector general and a special 11
counsel who are in the unclassified service of the State; and (2) authorizes the 12
Inspector General, within the limits of available money, to employ such persons in 13
the classified service of the State as he or she deems necessary to provide an 14
appropriate staff for the Office and to enter into contracts with certain professionals 15
for professional services related to the functions of the Office. 16
Section 10 of this bill requires the Inspector General to submit a report to the 17
Governor and the Director of the Legislative Counsel Bureau, on at least a quarterly 18
basis or at the Governor’s request, setting forth any findings, conclusions or 19
recommendations relating to an audit, investigation, inspection or review conducted 20
by the Inspector General. Sections 11 and 27 of this bill transfer from the Division 21
of Internal Audits to the Inspector General the requirement to establish a telephone 22
number to receive information relating to abuse, fraud and waste with respect to the 23
use of public money by state agencies. Section 12 of this bill: (1) requires a state 24
agency or local government, upon request by the Inspector General, to cooperate 25
with and provide assistance to the Inspector General in carrying out his or her 26
duties; and (2) makes any person who willfully prevents, impairs or prohibits the 27
performance of the duties of the Inspector General guilty of a category E felony. 28
Section 13 of this bill authorizes the Inspector General to issue subpoenas. Sections 29
11, 14 and 21 of this bill provide for the confidentiality of: (1) any record 30
maintained by the Inspector General during an investigation; and (2) the identity of 31
any whistleblower. Otherwise, section 14 requires a report of the Inspector General 32
to be made available to the public annually. Section 15 of this bill requires the 33
Legislative Auditor to review a representative sample of audits, investigations and 34
reviews conducted by the Office for conformance with professional standards at 35
least once every 3 years. Section 16 of this bill creates the Nevada Office of the 36
Inspector General’s Fund as a special revenue fund without reversion to the State 37
General Fund. 38
Section 17 of this bill makes it a category E felony to retaliate against certain 39
persons who file a lawful complaint concerning fraud, waste, abuse or corruption 40
within a state agency or local government. 41
Existing law provides that a person commits a gross misdemeanor if he or she 42
uses any threat, force or violence to prevent an executive or administrative officer 43
from performing his or her duties. (NRS 197.090) Section 18 of this bill makes it a 44
category E felony for a person to use any threat, force or violence to prevent the 45
Inspector General or any employee of the Office from performing his or her duties. 46
Sections 19 and 20 of this bill provide that the increased penalty for assault or 47
battery of an officer applies to an assault or battery of the Inspector General or an 48
employee of the Office. (NRS 200.471, 200.481) 49
Section 22 of this bill makes the Inspector General and investigators employed 50
by the Office category II peace officers. 51
Existing law requires the head of each state agency to periodically review and 52
report to the Director of the Office of Finance whether the agency’s system of 53
internal accounting and administrative control is in compliance with the uniform 54
system of internal accounting and administrative control adopted by the Director 55
for state agencies. Existing law further requires the Director to submit a report on 56
the status of internal accounting and administrative controls in state agencies to 57
certain persons. (NRS 353A.025) Section 24 of this bill requires the Director to 58
provide this report to the Inspector General. Section 23 of this bill defines the term 59
“Inspector General” for provisions of the Nevada Revised Statutes relating to 60
internal accounting. 61
Section 25 of this bill requires the Governor to appoint the Inspector General 62
on or before December 1, 2025. 63
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 18 of NRS is hereby amended by adding 1
thereto a new chapter to consist of the provisions set forth as 2
sections 2 to 17, inclusive, of this act. 3
Sec. 2. As used in this chapter, unless the context otherwise 4
requires, the words and terms defined in sections 3 to 6, inclusive, 5
of this act have the meanings ascribed to them in those sections. 6
Sec. 3. “Local government” means any political subdivision 7
of this State that receives any public funding, including, without 8
limitation, any county, city, town, board, airport authority, 9
regional transportation commission, fire protection district, 10
irrigation district, school district or other special district that 11
performs a governmental function and receives any public 12
funding. 13
Sec. 4. “Office” means the Nevada Office of the Inspector 14
General created by section 7 of this act. 15
Sec. 5. “State agency” means an agency, bureau, board, 16
commission, department, division, officer or employee of the 17
Executive Department of State Government. 18
Sec. 6. “Waste” means the squandering of money or 19
resources, whether or not the activity is unlawful. 20
Sec. 7. 1. The Nevada Office of the Inspector General is 21
hereby created. The Nevada Office of the Inspector General 22
consists of the Inspector General and any person employed by the 23
Office. 24
2. The Governor shall appoint the Inspector General for a 25
term of 4 years, and until a successor is appointed and qualified, 26
from a list of three candidates submitted by the Legislative 27
Commission. The Inspector General may be reappointed, and the 28
Legislative Commission shall include the incumbent Inspector 29
General on its list of candidates unless the Commission 30
determines that the incumbent should not be recommended for 31
reappointment for cause, including, without limitation, 32
inefficiency, neglect of duty or malfeasance in office. A vacancy in 33
the position of Inspector General must be filled in the same 34
manner as the original appointment. 35
3. The Inspector General may be removed from office only by 36
impeachment for misdemeanor or malfeasance in office. The 37
Inspector General shall be deemed to be a state officer for the 38
purposes of NRS 283.140 to 283.290, inclusive. 39
4. The Inspector General must have the demonstrated ability 40
to administer a major public agency in the field of auditing, 41
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investigations, inspections or performance reviews of programs of 1
governmental agencies, including, without limitation: 2
(a) Experience in accounting, auditing, financial analysis, 3
law, management analysis, public administration, investigation, 4
criminal justice administration or any other closely related field; 5
(b) Certification as a Certified Fraud Examiner by the 6
Association of Certified Fraud Examiners, or its successor 7
organization, and as a Certified Inspector General by the 8
Association of Inspectors General, or its successor organization, 9
not later than 18 months after appointment as the Inspector 10
General; and 11
(c) Continued status as a Certified Inspector General by the 12
Association of Inspectors General, or its successor organization, 13
while in office. 14
5. The Inspector General: 15
(a) Is in the unclassified service of the State. 16
(b) Shall devote his or her entire time and attention to the 17
business of his or her office and shall not engage in any other 18
gainful employment or occupation. 19
(c) Is ineligible for elective public office under the government 20
and laws of this State, other than federal office, for 4 years after 21
the date he or she leaves office. 22
Sec. 8. The Inspector General shall administer this chapter 23
and all other provisions of law relating to the functions of the 24
Office. 25
Sec. 9. 1. The Inspector General: 26
(a) Shall appoint a deputy inspector general and a special 27
counsel. The deputy inspector general and special counsel are in 28
the unclassified service of the State. 29
(b) May, within the limits of available money, employ such 30
other persons as he or she deems necessary to provide an 31
appropriate staff for the Office, including, without limitation, 32
auditors, administrative staff, investigators and sworn peace 33
officers. The Inspector General may employ category II peace 34
officers. Any such persons employed pursuant to this paragraph 35
are in the classified service of the State. 36
2. The Inspector General may enter into contracts for the 37
services of certified public accountants, qualified management 38
consultants or other professional experts necessary to 39
independently perform the functions of the Office, within the 40
limits of money available for that purpose. 41
Sec. 10. 1. The Inspector General shall: 42
(a) Establish and maintain a full-time program of auditing, 43
investigation, inspection and performance review of each state 44
agency and local government to provide increased accountability 45
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and oversight of each state agency and local government and to 1
assist in improving operations and deterring and identifying fraud, 2
waste, abuse or corruption; and 3
(b) Upon request by the Governor, but not less often than 4
quarterly, submit a report to the Governor and to the Director of 5
the Legislative Counsel Bureau for transmittal to the Legislature 6
setting forth any findings and conclusions relating to an audit, 7
investigation, inspection or review specified in subsection 2 and 8
any suggested corrective or remedial actions, including, without 9
limitation, increased oversight, carrying out or modifying any 10
controls for internal management, termination of employment or 11
referral to the Commission on Ethics or the Attorney General 12
when appropriate. 13
2. The Inspector General may: 14
(a) Engage in prevention activities, including, without 15
limitation, the review of legislation, rules, regulations, policies and 16
procedures of a state agency or local government and 17
transactions, training and education conducted by any state 18
agency or local government. 19
(b) Review the reliability and validity of the information 20
provided through the performance measures and standards of any 21
state agency or local government. 22
(c) Conduct a review of the performance measurement system 23
of any state agency or local government. 24
(d) Attend any meeting held by any state agency or local 25
government. 26
(e) Audit the economy, efficiency and effectiveness of the 27
operations and functions of any state agency or local government. 28
(f) Audit, inspect, investigate and review the activities, records, 29
procurements, grants, agreements and other financial 30
arrangements undertaken by any state agency, local government, 31
contractor, grantee or other recipient of money, property or 32
services to be spent or used on behalf of the State or a political 33
subdivision, but not including a natural person who is receiving: 34
(1) Compensation for employment; or 35
(2) An income subsidy with no restriction on his or her use 36
of the money or property. 37
(g) Recommend remedial actions to be taken by any state 38
agency or local government to overcome or correct operating or 39
maintenance deficiencies or inefficiencies identified by the Office. 40
(h) Establish a program for receiving, reviewing and 41
investigating any complaint submitted to the Inspector General 42
concerning any fraud, waste, abuse or corruption within any state 43
agency or local government, including, without limitation, 44
deficiencies in the operation and maintenance of facilities, and 45
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referral of those complaints to the appropriate state agency or 1
local government. 2
(i) Conduct civil, criminal and administrative investigations. 3
(j) Conduct joint investigations and projects with other 4
oversight or law enforcement agencies. 5
(k) Provide information and evidence relating to alleged 6
criminal acts to the appropriate law enforcement officials. 7
(l) Refer matters for further civil, criminal and administrative 8
action to the appropriate administrative and prosecutorial 9
agencies. 10
(m) Identify any other state agency or local government that is 11
responsible for auditing, investigating, inspecting or reviewing the 12
operation and management of a state agency or local government, 13
including, without limitation, the Inspector General of the 14
Department of Corrections, and coordinate with those state 15
agencies and local governments to share information and avoid 16
any duplication of activities. 17
(n) Issue public reports. 18
(o) Adopt regulations to carry out the provisions of this 19
chapter. 20
(p) Perform any other task relating to his or her duties as he or 21
she determines is necessary. 22
Sec. 11. 1. The Inspector General shall: 23
(a) Establish a telephone number at which a person may 24
confidentially report to the Office information relating to abuse, 25
fraud or waste with respect to public money received and used by a 26
state agency or contractor; and 27
(b) Create a written notice that: 28
(1) Clearly identifies the telephone number established 29
pursuant to paragraph (a); and 30
(2) Contains a statement directing any person with any 31
information relating to abuse, fraud or waste with respect to 32
public money received and used by a state agency or contractor to 33
report the information at the telephone number established 34
pursuant to paragraph (a). 35
2. The written notice created pursuant to paragraph (b) of 36
subsection 1 must be posted conspicuously: 37
(a) In each public building of each state agency; and 38
(b) On the Internet website maintained by the Office. 39
3. Upon receipt of information from a person calling the 40
telephone number established pursuant to paragraph (a) of 41
subsection 1, the Office must perform a review and prepare a 42
report of its findings. The report is a public record and: 43
(a) Must include, without limitation, an explanation of: 44
(1) The purpose of the review; and 45
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(2) Any resolution or corrective action taken by the Office 1
that resulted from the review. 2
(b) Must not include the identity of the person who reported 3
the information. 4
4. Except as otherwise provided in subsections 3 and 5, any 5
information reported to the Office at the telephone number 6
established pursuant to paragraph (a) of subsection 1, including, 7
without limitation, the identity of the person who reported the 8
information, is confidential. 9
5. The Office shall not disclose information that is 10
confidential pursuant to subsection 4 except: 11
(a) Pursuant to NRS 239.0115; 12
(b) For the purpose of carrying out any duty of the Office or 13
for the purpose of assisting the Director of the Office of Finance 14
or Administrator of the Division of Internal Audits of the Office of 15
Finance in carrying out any duty of the Director or Administrator; 16
(c) Upon the lawful order of a court of competent jurisdiction; 17
or 18
(d) To the Office of the Attorney General or the office of a 19
district attorney within this State for the purpose of investigating 20
the alleged abuse, fraud or waste reported to the Nevada Office of 21
the Inspector General. 22
6. As used in this section: 23
(a) “Contractor” means any person, business, organization or 24
nonprofit corporation that contracts with a state agency or local 25
government to receive public money. The term includes, without 26
limitation, a subcontractor or a third party who receives any 27
portion of the public money from the contractor to carry out any 28
obligation pursuant to a contract between the contractor and the 29
state agency or local government. 30
(b) “Public money” means any money deposited with a 31
depository by the State Treasurer and includes, without limitation, 32
money which is received by a state agency or local government 33
from the Federal Government for distribution and use in this State 34
pursuant to federal law or federal regulation. 35
Sec. 12. 1. Upon request by the Inspector General, each 36
state agency and local government and any employee of a state 37
agency or local government shall cooperate with and provide 38
assistance to the Inspector General in carrying out the provisions 39
of this chapter and shall ensure that the premises, equipment, 40
employees, books, papers, contracts, correspondence and other 41
records of the state agency or local government are available for 42
use by the Inspector General in carrying out those provisions. 43
2. A person who willfully prevents, impairs or prohibits the 44
Inspector General from initiating, carrying out or completing any 45
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audit, investigation, inspection or review is guilty of a category E 1
felony and shall be punished as provided in NRS 193.130. 2
Sec. 13. 1. In carrying out the provisions of this chapter, 3
the Inspector General may subpoena the attendance of witnesses 4
or the production of books, papers and documents, 5
notwithstanding any claim of privilege. 6
2. If any person refuses to obey a subpoena issued by the 7
Inspector General, the Inspector General may present a petition to 8
the district court of the county in which the person resides, setting 9
forth the facts, and thereupon the court, in a proper case, shall 10
issue its subpoena to the person requiring his or her attendance 11
before the court to testify or to produce books, papers and 12
documents. 13
3. Any person failing or refusing to obey the subpoena of a 14
district court may be proceeded against in the same manner as for 15
a refusal to obey any other order of the court. 16
Sec. 14. 1. Except as otherwise provided in subsection 2, 17
the Inspector General shall make public an annual report of 18
audits, investigations, inspections and reviews conducted by the 19
Office after such audits, investigations, inspections or reviews are 20
concluded. 21
2. A report made public pursuant to subsection 1 must not 22
include: 23
(a) The personal identifying information of an original source 24
without his or her written consent; or 25
(b) Any information deemed privileged or confidential by law. 26
3. As used in this section: 27
(a) “Original source” means a person who: 28
(1) Voluntarily discloses the information on which the 29
allegations or transactions for an audit, investigation, inspection 30
or review are based before the public disclosure of the 31
information; or 32
(2) Has knowledge of information that is independent of 33
and materially adds to any allegations or transactions which are 34
publicly disclosed and who voluntarily provides such information. 35
(b) “Personal identifying information” has the meaning 36
ascribed to it in NRS 205.4617. 37
Sec. 15. 1. Audits, investigations, inspections and reviews 38
conducted by the Office must conform to professional standards, 39
including, without limitation, standards promulgated by the 40
Association of Inspectors General or its successor organization. 41
2. The Legislative Auditor shall, on or before July 1, 2028, 42
and at least once every 3 years thereafter, prepare and make 43
public a report reviewing a representative sample of the audits, 44
investigations, inspections and reviews conducted by the Office for 45
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that time period for conformance with the professional standards 1
described in subsection 1. 2
Sec. 16. 1. The Nevada Office of the Inspector General’s 3
Fund is hereby created in the State Treasury as a special revenue 4
fund to be administered by the Office. All money received by the 5
Office must be deposited in the Fund. The money in the Fund 6
does not revert to the State General Fund at the end of any fiscal 7
year, and the balance in the Fund must be carried forward to the 8
next fiscal year. 9
2. The interest and income earned on the money in the Fund, 10
after deducting any applicable charges, must be credited to the 11
Fund. All claims against the Fund must be paid as other claims 12
against the State are paid. 13
3. The money in the Fund may be used only to pay the costs 14
of carrying out programs or laws administered by the Office. 15
Sec. 17. A person who willfully discharges, demotes, 16
suspends, threatens, harasses or discriminates against an 17
employee, contractor or agent as a result of a lawful complaint of 18
the employee, contractor or agent concerning any fraud, waste, 19
abuse or corruption within any state agency or local government is 20
guilty of a category E felony and shall be punished as provided in 21
NRS 193.130. 22
Sec. 18. NRS 197.090 is hereby amended to read as follows: 23
197.090 1. Except under circumstances where a greater 24
penalty is provided in subsection 2 or NRS 200.481, any person 25
who, by means of any threat, force or violence, attempts to deter or 26
prevent any executive or administrative officer from performing any 27
duty imposed upon the officer by law, or who knowingly resists by 28
force or violence any executive or administrative officer in the 29
performance of the officer’s duty, is guilty of a gross misdemeanor. 30
2. Any person who, by means of any threat, force or violence, 31
attempts to deter or prevent the Inspector General or an employee 32
of the Nevada Office of the Inspector General from performing 33
any duty imposed by law upon the Inspector General or the Office, 34
or who knowingly resists by force or violence the Inspector 35
General or an employee of the Office in the performance of his or 36
her duty, is guilty of a category E felony and shall be punished as 37
provided in NRS 193.130. 38
3. As used in this section: 39
(a) “Inspector General” means the Inspector General 40
appointed pursuant to section 7 of this act. 41
(b) “Nevada Office of the Inspector General” or “Office” 42
means the Nevada Office of the Inspector General created by 43
section 7 of this act. 44
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Sec. 19. NRS 200.471 is hereby amended to read as follows: 1
200.471 1. As used in this section: 2
(a) “Assault” means: 3
(1) Unlawfully attempting to use physical force against 4
another person; or 5
(2) Intentionally placing another person in reasonable 6
apprehension of immediate bodily harm. 7
(b) “Fire-fighting agency” has the meaning ascribed to it in 8
NRS 239B.020. 9
(c) “Health care facility” means a facility licensed pursuant to 10
chapter 449 of NRS, an office of a person listed in NRS 629.031, a 11
clinic or any other location, other than a residence, where health 12
care is provided. 13
(d) “Officer” means: 14
(1) A person who possesses some or all of the powers of a 15
peace officer; 16
(2) A person employed in a full-time salaried occupation of 17
fire fighting for the benefit or safety of the public; 18
(3) A member of a volunteer fire department; 19
(4) A jailer, guard or other correctional officer of a city or 20
county jail; 21
(5) The Inspector General appointed pursuant to section 7 22
of this act or any employee of the Nevada Office of the Inspector 23
General created by section 7 of this act; 24
(6) A prosecuting attorney of an agency or political 25
subdivision of the United States or of this State; 26
[(6)] (7) A justice of the Supreme Court, judge of the Court 27
of Appeals, district judge, justice of the peace, municipal judge, 28
magistrate, court commissioner, master or referee, including a 29
person acting pro tempore in a capacity listed in this subparagraph; 30
[(7)] (8) An employee of this State or a political subdivision 31
of this State whose official duties require the employee to make 32
home visits; 33
[(8)] (9) A civilian employee or a volunteer of a law 34
enforcement agency whose official duties require the employee or 35
volunteer to: 36
(I) Interact with the public; 37
(II) Perform tasks related to law enforcement; and 38
(III) Wear identification, clothing or a uniform that 39
identifies the employee or volunteer as working or volunteering for 40
the law enforcement agency; 41
[(9)] (10) A civilian employee or a volunteer of a fire-42
fighting agency whose official duties require the employee or 43
volunteer to: 44
(I) Interact with the public; 45
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(II) Perform tasks related to fire fighting or fire 1
prevention; and 2
(III) Wear identification, clothing or a uniform that 3
identifies the employee or volunteer as working or volunteering for 4
the fire-fighting agency; or 5
[(10)] (11) A civilian employee or volunteer of this State or 6
a political subdivision of this State whose official duties require the 7
employee or volunteer to: 8
(I) Interact with the public; 9
(II) Perform tasks related to code enforcement; and 10
(III) Wear identification, clothing or a uniform that 11
identifies the employee or volunteer as working or volunteering for 12
this State or a political subdivision of this State. 13
(e) “Provider of health care” means: 14
(1) A physician, a medical student, a perfusionist, an 15
anesthesiologist assistant or a physician assistant licensed pursuant 16
to chapter 630 of NRS, a practitioner of respiratory care, a 17
homeopathic physician, an advanced practitioner of homeopathy, a 18
homeopathic assistant, an osteopathic physician, a physician 19
assistant or anesthesiologist assistant licensed pursuant to chapter 20
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 21
therapist, a medical laboratory technician, an optometrist, a 22
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 23
of Oriental medicine, a nurse, a student nurse, a certified nursing 24
assistant, a nursing assistant trainee, a medication aide - certified, a 25
person who provides health care services in the home for 26
compensation, a dentist, a dental student, a dental hygienist, a dental 27
hygienist student, an expanded function dental assistant, an 28
expanded function dental assistant student, a pharmacist, a 29
pharmacy student, an intern pharmacist, an attendant on an 30
ambulance or air ambulance, a psychologist, a social worker, a 31
marriage and family therapist, a marriage and family therapist 32
intern, a clinical professional counselor, a clinical professional 33
counselor intern, a behavior analyst, an assistant behavior analyst, a 34
registered behavior technician, a mental health technician, a licensed 35
dietitian, the holder of a license or a limited license issued under the 36
provisions of chapter 653 of NRS, a public safety officer at a health 37
care facility, an emergency medical technician, an advanced 38
emergency medical technician, a paramedic or a participant in a 39
program of training to provide emergency medical services; or 40
(2) An employee of or volunteer for a health care facility 41
who: 42
(I) Interacts with the public; 43
(II) Performs tasks related to providing health care; and 44
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(III) Wears identification, clothing or a uniform that 1
identifies the person as an employee or volunteer of the health care 2
facility. 3
(f) “School employee” means a licensed or unlicensed person 4
employed by a board of trustees of a school district pursuant to NRS 5
391.100 or 391.281. 6
(g) “Sporting event” has the meaning ascribed to it in 7
NRS 41.630. 8
(h) “Sports official” has the meaning ascribed to it in 9
NRS 41.630. 10
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 11
(j) “Taxicab driver” means a person who operates a taxicab. 12
(k) “Transit operator” means a person who operates a bus or 13
other vehicle as part of a public mass transportation system. 14
(l) “Utility worker” means an employee of a public utility as 15
defined in NRS 704.020 whose official duties require the employee 16
to: 17
(1) Interact with the public; 18
(2) Perform tasks related to the operation of the public 19
utility; and 20
(3) Wear identification, clothing or a uniform that identifies 21
the employee as working for the public utility. 22
2. A person convicted of an assault shall be punished: 23
(a) If paragraph (c) or (d) does not apply to the circumstances of 24
the crime and the assault is not made with the use of a deadly 25
weapon or the present ability to use a deadly weapon, for a 26
misdemeanor. 27
(b) If the assault is made with the use of a deadly weapon or the 28
present ability to use a deadly weapon, for a category B felony by 29
imprisonment in the state prison for a minimum term of not less 30
than 1 year and a maximum term of not more than 6 years, or by a 31
fine of not more than $5,000, or by both fine and imprisonment. 32
(c) If paragraph (d) does not apply to the circumstances of the 33
crime and if the assault: 34
(1) Is committed upon: 35
(I) An officer, a school employee, a taxicab driver, a 36
transit operator or a utility worker who is performing his or her 37
duty; 38
(II) A provider of health care while the provider of health 39
care is performing his or her duty or is on the premises where he or 40
she performs that duty; or 41
(III) A sports official based on the performance of his or 42
her duties at a sporting event; and 43
(2) The person charged knew or should have known that the 44
victim was an officer, a provider of health care, a school employee, 45
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a taxicab driver, a transit operator, a utility worker or a sports 1
official, 2
for a gross misdemeanor, unless the assault is made with the use 3
of a deadly weapon or the present ability to use a deadly weapon, 4
then for a category B felony by imprisonment in the state prison for 5
a minimum term of not less than 1 year and a maximum term of not 6
more than 6 years, or by a fine of not more than $5,000, or by both 7
fine and imprisonment. 8
(d) If the assault: 9
(1) Is committed by a probationer, a prisoner who is in 10
lawful custody or confinement or a parolee upon: 11
(I) An officer, a school employee, a taxicab driver, a 12
transit operator or a utility worker who is performing his or her 13
duty; 14
(II) A provider of health care while the provider of health 15
care is performing his or her duty or is on the premises where he or 16
she performs that duty; or 17
(III) A sports official based on the performance of his or 18
her duties at a sporting event; and 19
(2) The probationer, prisoner or parolee charged knew or 20
should have known that the victim was an officer, a provider of 21
health care, a school employee, a taxicab driver, a transit operator, a 22
utility worker or a sports official, 23
for a category D felony as provided in NRS 193.130, unless the 24
assault is made with the use of a deadly weapon or the present 25
ability to use a deadly weapon, then for a category B felony by 26
imprisonment in the state prison for a minimum term of not less 27
than 1 year and a maximum term of not more than 6 years, or by a 28
fine of not more than $5,000, or by both fine and imprisonment. 29
Sec. 20. NRS 200.481 is hereby amended to read as follows: 30
200.481 1. As used in this section: 31
(a) “Battery” means any willful and unlawful use of force or 32
violence upon the person of another. 33
(b) “Child” means a person less than 18 years of age. 34
(c) “Fire-fighting agency” has the meaning ascribed to it in 35
NRS 239B.020. 36
(d) “Officer” means: 37
(1) A person who possesses some or all of the powers of a 38
peace officer; 39
(2) A person employed in a full-time salaried occupation of 40
fire fighting for the benefit or safety of the public; 41
(3) A member of a volunteer fire department; 42
(4) A jailer, guard, matron or other correctional officer of a 43
city or county jail or detention facility; 44
– 14 –
- *AB154*
(5) The Inspector General appointed pursuant to section 7 1
of this act or an employee of the Nevada Office of the Inspector 2
General created by section 7 of this act; 3
(6) A prosecuting attorney of an agency or political 4
subdivision of the United States or of this State; 5
[(6)] (7) A justice of the Supreme Court, judge of the Court 6
of Appeals, district judge, justice of the peace, municipal judge, 7
magistrate, court commissioner, master or referee, including, 8
without limitation, a person acting pro tempore in a capacity listed 9
in this subparagraph; 10
[(7)] (8) An employee of this State or a political subdivision 11
of this State whose official duties require the employee to make 12
home visits; 13
[(8)] (9) A civilian employee or a volunteer of a law 14
enforcement agency whose official duties require the employee or 15
volunteer to: 16
(I) Interact with the public; 17
(II) Perform tasks related to law enforcement; and 18
(III) Wear identification, clothing or a uniform that 19
identifies the employee or volunteer as working or volunteering for 20
the law enforcement agency; 21
[(9)] (10) A civilian employee or a volunteer of a fire-22
fighting agency whose official duties require the employee or 23
volunteer to: 24
(I) Interact with the public; 25
(II) Perform tasks related to fire fighting or fire 26
prevention; and 27
(III) Wear identification, clothing or a uniform that 28
identifies the employee or volunteer as working or volunteering for 29
the fire-fighting agency; or 30
[(10)] (11) A civilian employee or volunteer of this State or 31
a political subdivision of this State whose official duties require the 32
employee or volunteer to: 33
(I) Interact with the public; 34
(II) Perform tasks related to code enforcement; and 35
(III) Wear identification, clothing or a uniform that 36
identifies the employee or volunteer as working or volunteering for 37
this State or a political subdivision of this State. 38
(e) “Provider of health care” has the meaning ascribed to it in 39
NRS 200.471. 40
(f) “School employee” means a licensed or unlicensed person 41
employed by a board of trustees of a school district pursuant to NRS 42
391.100 or 391.281. 43
(g) “Sporting event” has the meaning ascribed to it in 44
NRS 41.630. 45
– 15 –
- *AB154*
(h) “Sports official” has the meaning ascribed to it in 1
NRS 41.630. 2
(i) “Strangulation” means intentionally applying sufficient 3
pressure to another person to make it difficult or impossible for the 4
person to breathe, including, without limitation, applying pressure to 5
the neck, throat or windpipe that may prevent or hinder breathing or 6
reduce the intake of air, or applying any pressure to the neck on 7
either side of the windpipe, but not the windpipe itself, to stop the 8
flow of blood to the brain via the carotid arteries. 9
(j) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 10
(k) “Taxicab driver” means a person who operates a taxicab. 11
(l) “Transit operator” means a person who operates a bus or 12
other vehicle as part of a public mass transportation system. 13
(m) “Utility worker” means an employee of a public utility as 14
defined in NRS 704.020 whose official duties require the employee 15
to: 16
(1) Interact with the public; 17
(2) Perform tasks related to the operation of the public 18
utility; and 19
(3) Wear identification, clothing or a uniform that identifies 20
the employee as working for the public utility. 21
2. Except as otherwise provided in NRS 200.485, a person 22
convicted of a battery, other than a battery committed by an adult 23
upon a child which constitutes child abuse, shall be punished: 24
(a) If the battery is not committed with a deadly weapon, and no 25
substantial bodily harm to the victim results, except under 26
circumstances where a greater penalty is provided in this section or 27
NRS 197.090, for a misdemeanor. 28
(b) If the battery is not committed with a deadly weapon, and 29
either substantial bodily harm to the victim results or the battery is 30
committed by strangulation, for a category C felony as provided in 31
NRS 193.130. 32
(c) If: 33
(1) The battery is committed upon: 34
(I) An officer, school employee, taxicab driver, transit 35
operator or utility worker who was performing his or her duty; 36
(II) A provider of health care while the provider of health 37
care is performing his or her duty or is on the premises where he or 38
she performs that duty; or 39
(III) A sports official based on the performance of his or 40
her duties at a sporting event; 41
(2) The officer, provider of health care, school employee, 42
taxicab driver, transit operator, utility worker or sports official 43
suffers substantial bodily harm or the battery is committed by 44
strangulation; and 45
– 16 –
- *AB154*
(3) The person charged knew or should have known that the 1
victim was an officer, provider of health care, school employee, 2
taxicab driver, transit operator, utility worker or sports official, 3
for a category B felony by imprisonment in the state prison for a 4
minimum term of not less than 2 years and a maximum term of not 5
more than 10 years, or by a fine of not more than $10,000, or by 6
both fine and imprisonment. 7
(d) If the battery: 8
(1) Is committed upon: 9
(I) An officer, school employee, taxicab driver, transit 10
operator or utility worker who is performing his or her duty; 11
(II) A provider of health care while the provider of health 12
care is performing his or her duty or is on the premises where he or 13
she performs that duty; or 14
(III) A sports official based on the performance of his or 15
her duties at a sporting event; and 16
(2) The person charged knew or should have known that the 17
victim was an officer, provider of health care, school employee, 18
taxicab driver, transit operator, utility worker or sports official, 19
for a gross misdemeanor, except under circumstances where a 20
greater penalty is provided in this section. 21
(e) If the battery is committed with the use of a deadly weapon, 22
and: 23
(1) No substantial bodily harm to the victim results, for a 24
category B felony by imprisonment in the state prison for a 25
minimum term of not less than 2 years and a maximum term of not 26
more than 10 years, and may be further punished by a fine of not 27
more than $10,000. 28
(2) Substantial bodily harm to the victim results or the 29
battery is committed by strangulation, for a category B felony by 30
imprisonment in the state prison for a minimum term of not less 31
than 2 years and a maximum term of not more than 15 years, and 32
may be further punished by a fine of not more than $10,000. 33
(f) If the battery is committed by a probationer, a prisoner who 34
is in lawful custody or confinement or a parolee, without the use of 35
a deadly weapon, whether or not substantial bodily harm results and 36
whether or not the battery is committed by strangulation, for a 37
category B felony by imprisonment in the state prison for a 38
minimum term of not less than 1 year and a maximum term of not 39
more than 6 years. 40
(g) If the battery is committed by a probationer, a prisoner who 41
is in lawful custody or confinement or a parolee, with the use of a 42
deadly weapon, and: 43
(1) No substantial bodily harm to the victim results, for a 44
category B felony by imprisonment in the state prison for a 45
– 17 –
- *AB154*
minimum term of not less than 2 years and a maximum term of not 1
more than 10 years. 2
(2) Substantial bodily harm to the victim results or the 3
battery is committed by strangulation, for a category B felony by 4
imprisonment in the state prison for a minimum term of not less 5
than 2 years and a maximum term of not more than 15 years. 6
Sec. 21. NRS 239.010 is hereby amended to read as follows: 7
239.010 1. Except as otherwise provided in this section and 8
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 9
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 10
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 11
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 12
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 13
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 14
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 15
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 16
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 17
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 18
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 19
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 20
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 21
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 22
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 23
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 24
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 25
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 26
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 27
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 28
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 29
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 30
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 31
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 32
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 33
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 34
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 35
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 36
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 37
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 38
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 39
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 40
[353A.049,] 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 41
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 42
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 43
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 44
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 45
– 18 –
- *AB154*
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 1
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 2
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 3
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 4
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 5
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 6
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 7
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 8
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 9
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 10
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 11
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 12
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 13
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 14
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 15
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 16
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 17
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 18
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 19
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 20
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 21
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 22
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 23
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 24
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 25
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 26
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 27
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 28
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 29
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 30
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 31
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 32
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 33
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 34
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 35
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 36
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 37
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 38
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 39
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 40
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 41
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 42
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 43
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 44
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 45
– 19 –
- *AB154*
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 1
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 2
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 3
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 4
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 5
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 6
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 7
711.600, and sections 11 and 14 of this act, sections 35, 38 and 41 8
of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 9
391, Statutes of Nevada 2013 and unless otherwise declared by law 10
to be confidential, all public books and public records of a 11
governmental entity must be open at all times during office hours to 12
inspection by any person, and may be fully copied or an abstract or 13
memorandum may be prepared from those public books and public 14
records. Any such copies, abstracts or memoranda may be used to 15
supply the general public with copies, abstracts or memoranda of the 16
records or may be used in any other way to the advantage of the 17
governmental entity or of the general public. This section does not 18
supersede or in any manner affect the federal laws governing 19
copyrights or enlarge, diminish or affect in any other manner the 20
rights of a person in any written book or record which is 21
copyrighted pursuant to federal law. 22
2. A governmental entity may not reject a book or record 23
which is copyrighted solely because it is copyrighted. 24
3. A governmental entity that has legal custody or control of a 25
public book or record shall not deny a request made pursuant to 26
subsection 1 to inspect or copy or receive a copy of a public book or 27
record on the basis that the requested public book or record contains 28
information that is confidential if the governmental entity can 29
redact, delete, conceal or separate, including, without limitation, 30
electronically, the confidential information from the information 31
included in the public book or record that is not otherwise 32
confidential. 33
4. If requested, a governmental entity shall provide a copy of a 34
public record in an electronic format by means of an electronic 35
medium. Nothing in this subsection requires a governmental entity 36
to provide a copy of a public record in an electronic format or by 37
means of an electronic medium if: 38
(a) The public record: 39
(1) Was not created or prepared in an electronic format; and 40
(2) Is not available in an electronic format; or 41
(b) Providing the public record in an electronic format or by 42
means of an electronic medium would: 43
(1) Give access to proprietary software; or 44
– 20 –
- *AB154*
(2) Require the production of information that is confidential 1
and that cannot be redacted, deleted, concealed or separated from 2
information that is not otherwise confidential. 3
5. An officer, employee or agent of a governmental entity who 4
has legal custody or control of a public record: 5
(a) Shall not refuse to provide a copy of that public record in the 6
medium that is requested because the officer, employee or agent has 7
already prepared or would prefer to provide the copy in a different 8
medium. 9
(b) Except as otherwise provided in NRS 239.030, shall, upon 10
request, prepare the copy of the public record and shall not require 11
the person who has requested the copy to prepare the copy himself 12
or herself. 13
Sec. 22. NRS 289.470 is hereby amended to read as follows: 14
289.470 “Category II peace officer” means: 15
1. The bailiffs of the district courts, justice courts and 16
municipal courts whose duties require them to carry weapons and 17
make arrests; 18
2. Subject to the provisions of NRS 258.070, constables and 19
their deputies; 20
3. Inspectors employed by the Nevada Transportation 21
Authority who exercise those powers of enforcement conferred by 22
chapters 706 and 712 of NRS; 23
4. Special investigators who are employed full-time by the 24
office of any district attorney or the Attorney General; 25
5. Investigators of arson for fire departments who are specially 26
designated by the appointing authority; 27
6. Investigators for the State Forester Firewarden who are 28
specially designated by the State Forester Firewarden and whose 29
primary duties are related to the investigation of arson; 30
7. Agents of the Nevada Gaming Control Board who exercise 31
the powers of enforcement specified in NRS 289.360, 463.140 or 32
463.1405, except those agents whose duties relate primarily to 33
auditing, accounting, the collection of taxes or license fees, or the 34
investigation of applicants for licenses; 35
8. Investigators and administrators of the Division of 36
Compliance Enforcement of the Department of Motor Vehicles who 37
perform the duties specified in subsection 2 of NRS 481.048; 38
9. Officers and investigators of the Section for the Control of 39
Emissions From Vehicles and the Enforcement of Matters Related 40
to the Use of Special Fuel of the Department of Motor Vehicles who 41
perform the duties specified in subsection 3 of NRS 481.0481; 42
10. Legislative police officers of the State of Nevada; 43
11. Parole counselors of the Division of Child and Family 44
Services of the Department of Health and Human Services; 45
– 21 –
- *AB154*
12. Criminal investigators who are employed by the Division 1
of Child and Family Services of the Department of Health and 2
Human Services; 3
13. Juvenile probation officers and deputy juvenile probation 4
officers employed by the various judicial districts in the State of 5
Nevada or by a department of juvenile justice services established 6
by ordinance pursuant to NRS 62G.210 whose official duties require 7
them to enforce court orders on juvenile offenders and make arrests; 8
14. Field investigators of the Taxicab Authority; 9
15. Security officers employed full-time by a city or county 10
whose official duties require them to carry weapons and make 11
arrests; 12
16. The chief of a department of alternative sentencing created 13
pursuant to NRS 211A.080 and the assistant alternative sentencing 14
officers employed by that department; 15
17. Agents of the Cannabis Compliance Board who exercise 16
the powers of enforcement specified in NRS 289.355; 17
18. Criminal investigators who are employed by the Secretary 18
of State; [and] 19
19. The Inspector General of the Department of Corrections 20
and any person employed by the Department as a criminal 21
investigator [.] ; and 22
20. The Inspector General appointed pursuant to section 7 of 23
this act and any person employed as an investigator by the Nevada 24
Office of the Inspector General created by section 7 of this act. 25
Sec. 23. NRS 353A.010 is hereby amended to read as follows: 26
353A.010 As used in this chapter, unless the context otherwise 27
requires: 28
1. “Agency” means every agency, department, division, board, 29
commission or similar body, or elected officer, of the Executive 30
Branch of the State. 31
2. “Committee” means the Executive Branch Audit Committee 32
created pursuant to NRS 353A.038. 33
3. “Director” means the Director of the Office of Finance. 34
4. “Inspector General” means the Inspector General 35
appointed by the Governor pursuant to section 7 of this act. 36
5. “Internal accounting and administrative control” means a 37
method through which agencies can safeguard assets, check the 38
accuracy and reliability of their accounting information, promote 39
efficient operations and encourage adherence to prescribed 40
managerial policies. 41
Sec. 24. NRS 353A.025 is hereby amended to read as follows: 42
353A.025 1. The head of each agency shall periodically 43
review the agency’s system of internal accounting and 44
administrative control to determine whether it is in compliance with 45
– 22 –
- *AB154*
the uniform system of internal accounting and administrative control 1
for agencies adopted pursuant to subsection 1 of NRS 353A.020. 2
2. On or before July 1 of each even-numbered year, the head of 3
each agency shall report to the Director whether the agency’s 4
system of internal accounting and administrative control is in 5
compliance with the uniform system adopted pursuant to subsection 6
1 of NRS 353A.020. The reports must be made available for 7
inspection by the members of the Legislature. 8
3. For the purposes of this section, “agency” does not include: 9
(a) A board created by the provisions of NRS 590.485 and 10
chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 11
654 and 656 of NRS. 12
(b) The Nevada System of Higher Education. 13
(c) The Public Employees’ Retirement System. 14
(d) The Housing Division of the Department of Business and 15
Industry. 16
(e) The Colorado River Commission of Nevada. 17
4. The Director shall, on or before the first Monday in 18
February of each odd-numbered year, submit a report on the status 19
of internal accounting and administrative controls in agencies to the: 20
(a) Director of the Legislative Counsel Bureau for transmittal to 21
the: 22
(1) Senate Standing Committee on Finance; and 23
(2) Assembly Standing Committee on Ways and Means; 24
(b) Governor; [and] 25
(c) Inspector General; and 26
(d) Legislative Auditor. 27
5. The report submitted by the Director pursuant to subsection 28
4 must include, without limitation: 29
(a) The identification of each agency that has not complied with 30
the requirements of subsections 1 and 2; 31
(b) The identification of each agency that does not have an 32
effective method for reviewing its system of internal accounting and 33
administrative control; and 34
(c) The identification of each agency that has weaknesses in its 35
system of internal accounting and administrative control, and the 36
extent and types of such weaknesses. 37
Sec. 25. 1. On or before December 1, 2025, the Governor 38
shall appoint an Inspector General pursuant to section 7 of this act. 39
2. The Administrator of the Division of Internal Audits of the 40
Office of Finance is the acting Inspector General until the Governor 41
appoints the initial Inspector General pursuant to section 7 of this 42
act. 43
– 23 –
- *AB154*
Sec. 26. The provisions of subsection 1 of NRS 218D.380 do 1
not apply to any provision of this act which adds or revises a 2
requirement to submit a report to the Legislature. 3
Sec. 27. NRS 353A.049 is hereby repealed. 4
Sec. 28. 1. This section becomes effective upon passage and 5
approval. 6
2. Sections 1 to 27, inclusive, of this act become effective: 7
(a) Upon passage and approval for the purpose of adopting any 8
regulations and performing any other preparatory administrative 9
tasks that are necessary to carry out the provisions of this act; and 10
(b) On October 1, 2025, for all other purposes. 11
TEXT OF REPEALED SECTION
353A.049 Reports of abuse, fraud or waste regarding
public money received and used by agency or contractor:
Establishment of telephone number by Director; notice; action
by Division; confidentiality; disclosure.
1. The Director shall:
(a) Establish a telephone number at which a person may
confidentially report to the Division information relating to abuse,
fraud or waste with respect to public money received and used by an
agency or contractor; and
(b) Create a written notice that:
(1) Clearly identifies the telephone number established
pursuant to paragraph (a); and
(2) Contains a statement directing any person with any
information relating to abuse, fraud or waste with respect to public
money received and used by an agency or contractor to report the
information at the telephone number established pursuant to
paragraph (a).
2. The written notice created pursuant to paragraph (b) of
subsection 1 must be posted conspicuously:
(a) In each public building of an agency; and
(b) On the Internet website maintained by the Office of Finance.
3. Upon receipt of information from a person calling the
telephone number established pursuant to paragraph (a) of
subsection 1, the Division shall perform a review and prepare a
report of its findings. The report is a public record and:
(a) Must include, without limitation, an explanation of:
(1) The purpose of the review; and
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(2) Any resolution or corrective action taken by the Division
that resulted from the review.
(b) Must not include the identity of the person who reported the
information.
4. Except as otherwise provided in subsections 3 and 5, any
information reported to the Division at the telephone number
established pursuant to paragraph (a) of subsection 1, including,
without limitation, the identity of the person who reported the
information, is confidential.
5. The Division shall not disclose information that is
confidential pursuant to subsection 4 except:
(a) Pursuant to NRS 239.0115;
(b) For the purpose of carrying out any duty of the Division
prescribed by NRS 353A.031 to 353A.100, inclusive, or for the
purpose of assisting the Director or Administrator in carrying out
any duty of the Director or Administrator prescribed by this chapter;
(c) Upon the lawful order of a court of competent jurisdiction;
or
(d) To the Office of the Attorney General or the office of a
district attorney within this State for the purpose of investigating the
alleged abuse, fraud or waste reported to the Division.
6. As used in this section:
(a) “Contractor” means any person, business, organization or
nonprofit corporation that contracts with an agency to receive public
money. The term includes a subcontractor or a third party who
receives any portion of the public money from the contractor to
carry out any obligation pursuant to a contract between the
contractor and the agency.
(b) “Public money” means any money deposited with a
depository by the State Treasurer and includes money which is
received by an agency from the Federal Government for distribution
and use in this State pursuant to a federal law or federal regulation.
H