A.B. 33
- *AB33*
ASSEMBLY BILL NO. 33–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE STATE CONTROLLER)
PREFILED NOVEMBER 15, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Creates the Nevada Office of the Inspector General.
(BDR 18-435)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 14)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
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 and the position
of Inspector General; setting forth the powers and duties
of the Inspector General and employees of the Office;
requiring a state agency, local government or nonprofit
organization to cooperate with and provide assistance to
the Inspector General in carrying out those duties;
prohibiting retaliation against certain persons who make a
lawful complaint concerning fraud, waste, abuse or
corruption within a state agency, local government or
nonprofit organization; 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 of
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 the State Controller, whose duties include, 1
without limitation, administering the State’s accounting system, processing and 2
recording the State’s financial transactions, conducting audits and recommending 3
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plans for the support of public credit, promoting frugality and economy, and better 4
management and understanding of the fiscal affairs of the State. (Nev. Const. Art. 5
5, § 19; chapter 227 of NRS) This bill creates the Nevada Office of the Inspector 6
General within the Office of the State Controller with the authority to audit, 7
investigate, inspect and review the performance of any state agency, local 8
government or nonprofit organization that receives public money. 9
Section 9 of this bill creates the Nevada Office of the Inspector General, 10
consisting of the Inspector General and any person employed by the Office. Section 11
9 also requires the Inspector General to be appointed for a term of 4 years by 12
unanimous agreement of the Lieutenant Governor, State Treasurer and State 13
Controller. Section 10 of this bill requires the Inspector General to administer the 14
provisions of law governing the Office. Section 11 of this bill: (1) requires the 15
Inspector General to appoint a deputy inspector general and a special counsel who 16
are in the unclassified service of the State; and (2) authorizes the Inspector General, 17
within the limits of available money, to employ such persons in the classified 18
service of the State as he or she deems necessary to provide an appropriate staff for 19
the Office and to enter into contracts with certain professionals for professional 20
services related to the functions of the Office. Sections 3-8 of this bill define terms 21
relating to the Nevada Office of the Inspector General. Section 2 of this bill sets 22
forth the applicability of those definitions to sections 2-19 of this bill. 23
Section 12 sets forth certain responsibilities and duties of the Inspector 24
General, including: (1) establishing and maintaining a full-time program of 25
auditing, investigation, inspection and performance review of each state agency, 26
local government and nonprofit organization; (2) submitting a report to the State 27
Controller and the Director of the Legislative Counsel Bureau, on at least a 28
quarterly basis or at the State Controller’s request, setting forth any findings, 29
conclusions or recommendations relating to an audit, investigation, inspection or 30
review conducted by the Inspector General; and (3) immediately reporting certain 31
problems that require immediate attention and any suggested corrective or remedial 32
actions. 33
Sections 13 and 31 of this bill transfer from the Division of Internal Audits of 34
the Office of Finance to the Inspector General the requirement to establish a 35
telephone number to receive information relating to abuse, fraud and waste with 36
respect to public money received and used by state agencies, local governments or 37
nonprofit organizations. Section 14: (1) requires a state agency, local government 38
or nonprofit organization, upon request by the Inspector General, to cooperate with 39
and provide assistance to the Inspector General in carrying out his or her duties; 40
and (2) makes any person who willfully prevents, impairs or prohibits the 41
performance of the duties of the Inspector General guilty of a category E felony. 42
Section 15 authorizes the Inspector General to issue subpoenas. 43
Sections 13, 16 and 22 of this bill provide for the confidentiality of: (1) any 44
record maintained by the Inspector General during an investigation; and (2) the 45
identity of any whistleblower. Otherwise, section 16 requires a report of the 46
Inspector General to be made available to the public annually. Section 17 of this 47
bill requires the Legislative Auditor to review at least once every 5 years a 48
representative sample of the audits, investigations, inspections and reviews 49
conducted by the Nevada Office of the Inspector General to ensure conformance 50
with certain professional standards. 51
Section 18 of this bill makes it a category E felony to retaliate against certain 52
persons who file a lawful complaint concerning fraud, waste, abuse or corruption 53
within a state agency, local government or nonprofit organization. 54
Under existing law, a person commits a gross misdemeanor if he or she uses 55
any threat, force or violence to prevent an executive or administrative officer from 56
performing his or her duties. (NRS 197.090) Section 19 of this bill makes it a 57
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category E felony for a person to use any threat, force or violence to prevent the 58
Inspector General or any employee of the Office from performing his or her duties. 59
Sections 20 and 21 of this bill provide that the increased penalty for assault or 60
battery of an officer applies to an assault or battery of the Inspector General or an 61
employee of the Office. 62
Section 23 of this bill makes the Inspector General and any person employed as 63
an investigator by the Office category II peace officers. 64
Under existing law, the head of each state agency must periodically review and 65
report to the Director of the Office of Finance whether the agency’s system of 66
internal accounting and administrative control is in compliance with the uniform 67
system of internal accounting and administrative control adopted by the Director 68
for state agencies. Existing law further requires the Director to submit a report on 69
the status of internal accounting and administrative controls in state agencies to 70
certain persons. (NRS 353A.020) Section 24 of this bill requires the Director to 71
provide this report to the Inspector General. Sections 25-29 of this bill require 72
certain state agencies and local governments to provide the Inspector General with 73
certain reports. 74
Section 28 of this bill: (1) requires the Lieutenant Governor, State Treasurer 75
and State Controller to appoint the Inspector General on or before December 1, 76
2025; and (2) provides that the State Controller is the acting Inspector General until 77
the appointment is made. 78
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 19, 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 8, 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 money, 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 money. 12
Sec. 4. “Nonprofit organization” means an organization that 13
is recognized as exempt pursuant to the provisions of 26 U.S.C. § 14
501(c)(3) and receives public money. 15
Sec. 5. “Office” means the Nevada Office of the Inspector 16
General created by section 9 of this act. 17
Sec. 6. “Public money” means any money deposited with a 18
depository by the State Treasurer and includes, without limitation, 19
any money which is received by a state agency or local 20
government from the Federal Government for distribution and use 21
by or in this State pursuant to federal law or federal regulation. 22
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Sec. 7. “State agency” means an agency, bureau, board, 1
commission, department, division, officer or employee of the 2
Executive Department of the State Government. 3
Sec. 8. “Waste” means the squandering of money or 4
resources, whether or not the activity is unlawful. 5
Sec. 9. 1. The Nevada Office of the Inspector General is 6
hereby created within the Office of the State Controller. The 7
Nevada Office of the Inspector General consists of the Inspector 8
General appointed pursuant to subsection 2 and any person 9
employed by the Office. 10
2. The Inspector General must be appointed by the 11
unanimous agreement of the Lieutenant Governor, State 12
Treasurer and State Controller for a term of 4 years from a list 13
submitted by the State Controller of not less than three but not 14
more than five candidates who each possess the abilities required 15
by subsection 4, as determined by the Attorney General. The 16
Inspector General may be reappointed, and the State Controller 17
shall include the incumbent Inspector General on the list of 18
candidates unless the State Controller determines that the 19
incumbent should not be recommended for reappointment for 20
cause, including, without limitation, inefficiency or neglect of 21
duty. A vacancy in the position must be filled in the same manner 22
as the original appointment. 23
3. The Inspector General may be removed from office only by 24
impeachment for misdemeanor or malfeasance in office. The 25
Inspector General shall be deemed to be a state officer for 26
purposes of NRS 283.140 to 283.290, inclusive. 27
4. The Inspector General must have the demonstrated ability 28
to administer a major public agency in the field of auditing, 29
investigations, inspections or performance review of programs of 30
governmental agencies, including, without limitation: 31
(a) Experience in accounting, auditing, financial analysis, 32
law, management analysis, public administration, investigation, 33
criminal justice administration or any other closely related field; 34
(b) Certification as a Certified Fraud Examiner by the 35
Association of Certified Fraud Examiners, or its successor 36
organization, and as a Certified Inspector General by the 37
Association of Inspectors General, or its successor organization, 38
not later than 18 months after appointment as the Inspector 39
General; and 40
(c) Continued status as a Certified Inspector General by the 41
Association of Inspectors General, or its successor organization, 42
while in office. 43
5. The Inspector General: 44
(a) Is in the unclassified service of the State. 45
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(b) Shall devote his or her entire time and attention to the 1
business of his or her office and shall not engage in any other 2
gainful employment or occupation. 3
(c) Is ineligible for elective public office under the government 4
and laws of this State, other than federal office, for 4 years after 5
the date he or she leaves office. 6
Sec. 10. The Inspector General shall administer this chapter 7
and all other provisions of law relating to the functions of the 8
Office. 9
Sec. 11. 1. The Inspector General: 10
(a) Shall appoint a deputy inspector general and a special 11
counsel. The deputy inspector general and special counsel are in 12
the unclassified service of the State. 13
(b) May, within the limits of available money, employ such 14
persons he or she deems necessary to provide an appropriate staff 15
for the Office, including, without limitation, auditors, 16
administrative staff and investigators. Any such persons employed 17
pursuant to this paragraph are in the classified service of the 18
State. 19
2. The Inspector General may enter into contracts for the 20
services of certified public accountants, qualified management 21
consultants or other professional experts necessary to 22
independently perform the functions of the Office, within the 23
limits of money available for that purpose. 24
Sec. 12. 1. The Inspector General shall: 25
(a) Establish and maintain a full-time program of auditing, 26
investigation, inspection and performance review of each state 27
agency, local government and nonprofit organization to provide 28
increased accountability and oversight of each state agency, local 29
government and nonprofit organization and to assist in improving 30
operations and deterring and identifying fraud, waste, abuse or 31
corruption; 32
(b) Upon request by the State Controller, but not less often 33
than quarterly, submit a report to the State Controller and to the 34
Director of the Legislative Counsel Bureau for transmittal to the 35
Legislature setting forth any findings and conclusions relating to 36
an audit, investigation, inspection or review specified in subsection 37
2 and any suggested corrective or remedial actions, including, 38
without limitation, increased oversight, carrying out or modifying 39
any controls for internal management, termination of employment 40
or referral to the Commission on Ethics or the Attorney General 41
when appropriate; and 42
(c) If the Inspector General determines during the course of 43
his or her duties that there is a problem that requires immediate 44
attention within a state agency, local government or nonprofit 45
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organization, immediately report the problem and any suggested 1
corrective or remedial actions to the head of a state agency, local 2
government or nonprofit organization, as applicable, and the State 3
Controller and the Director of the Legislative Counsel Bureau for 4
transmittal to the Legislature. 5
2. The Inspector General may: 6
(a) Engage in prevention activities, including, without 7
limitation, the review of rules, regulations, policies and procedures 8
of a state agency, local government or nonprofit organization and 9
transactions, training and education conducted by any state 10
agency, local government or nonprofit organization. 11
(b) Review the reliability and validity of the information 12
provided through the performance measures and standards of any 13
state agency, local government or nonprofit organization. 14
(c) Conduct a review of the performance measurement system 15
of any state agency, local government or nonprofit organization. 16
(d) Attend any meeting held by any state agency, local 17
government or nonprofit organization. 18
(e) Audit the economy, efficiency and effectiveness of the 19
operations and functions of any state agency, local government or 20
nonprofit organization. 21
(f) Audit, inspect, investigate and review the activities, records, 22
procurements, grants, agreements and other financial 23
arrangements undertaken by any state agency, local government 24
or nonprofit organization, but not including by a natural person 25
who is receiving: 26
(1) Compensation for employment; or 27
(2) An income subsidy with no restriction on his or her use 28
of the money or property. 29
(g) Recommend remedial actions to be taken by any state 30
agency, local government or nonprofit organization to overcome 31
or correct operating or maintenance deficiencies or inefficiencies 32
identified by the Office and monitor the implementation of the 33
remedial actions taken by the state agency, local government or 34
nonprofit organization, as applicable. 35
(h) Establish a program for receiving, reviewing and 36
investigating any complaint submitted to the Inspector General 37
concerning any fraud, waste, abuse or corruption within any state 38
agency, local government or nonprofit organization, including, 39
without limitation, deficiencies in the operation and maintenance 40
of facilities, and referral of those complaints to the appropriate 41
state agency, local government or nonprofit organization. 42
(i) Conduct civil, criminal and administrative investigations. 43
(j) Conduct joint investigations and projects with other 44
oversight or law enforcement agencies. 45
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(k) Provide information and evidence relating to criminal acts 1
to appropriate law enforcement officials. 2
(l) Refer matters for further civil, criminal and administrative 3
action to appropriate administrative and prosecutorial agencies. 4
(m) Identify any other governmental agency that is responsible 5
for auditing, investigating, inspecting or reviewing the operation 6
and management of a state agency, local government or nonprofit 7
organization, including, without limitation, the Inspector General 8
of the Department of Corrections, and coordinate with those 9
agencies to share information and avoid any duplication of 10
activities. 11
(n) Issue public reports. 12
(o) Adopt regulations to carry out the provisions of this 13
chapter. 14
(p) Perform any other task relating to his or her duties as he or 15
she determines necessary. 16
Sec. 13. 1. The Inspector General shall: 17
(a) Establish a telephone number at which a person may 18
confidentially report to the Office information relating to abuse, 19
fraud or waste with respect to public money received and used by a 20
state agency, local government or nonprofit organization; and 21
(b) Create a written notice that: 22
(1) Clearly identifies the telephone number established 23
pursuant to paragraph (a); and 24
(2) Contains a statement directing any person with any 25
information relating to abuse, fraud or waste with respect to 26
public money received and used by a state agency, local 27
government or nonprofit organization to report the information at 28
the telephone number established pursuant to paragraph (a). 29
2. The written notice created pursuant to paragraph (b) of 30
subsection 1 must be posted conspicuously: 31
(a) In each public building of each state agency; and 32
(b) On the Internet website maintained by the Office. 33
3. Upon receipt of information from a person calling the 34
telephone number established pursuant to paragraph (a) of 35
subsection 1, the Office must perform a review and prepare a 36
report of its findings. The report is a public record and: 37
(a) Must include, without limitation, an explanation of: 38
(1) The purpose of the review; and 39
(2) Any resolution or corrective action taken by the Office 40
that resulted from the review. 41
(b) Must not include the identity of the person who reported 42
the information. 43
4. Except as otherwise provided in subsections 3 and 5, any 44
information reported to the Office at the telephone number 45
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established pursuant to paragraph (a) of subsection 1, including, 1
without limitation, the identity of the person who reported the 2
information, is confidential. 3
5. The Office shall not disclose information that is 4
confidential pursuant to subsection 4 except: 5
(a) Pursuant to NRS 239.0115; 6
(b) For the purpose of carrying out any duty of the Office or 7
for the purpose of assisting the Director of the Office of Finance 8
or the Administrator of the Division of Internal Audits of the 9
Office of Finance in carrying out any duty of the Director or 10
Administrator; 11
(c) Upon the lawful order of a court of competent jurisdiction; 12
or 13
(d) To the Office of the Attorney General or the office of a 14
district attorney within this State for the purpose of investigating 15
the alleged abuse, fraud or waste reported to the Nevada Office of 16
the Inspector General. 17
Sec. 14. 1. Upon request by the Inspector General, each 18
state agency, local government or nonprofit organization and any 19
employee of a state agency, local government or nonprofit 20
organization shall cooperate with and provide assistance to the 21
Inspector General in carrying out the provisions of this chapter 22
and shall ensure that the premises, equipment, employees, books, 23
papers, contracts, correspondence and other records of the state 24
agency, local government or nonprofit organization are available 25
for use by the Inspector General in carrying out those provisions. 26
2. A person who willfully prevents, impairs or prohibits the 27
Inspector General from initiating, carrying out or completing any 28
audit, investigation, inspection or review is guilty of a category E 29
felony and shall be punished as provided in NRS 193.130. 30
Sec. 15. 1. In carrying out the provisions of this chapter, 31
the Inspector General may subpoena the attendance of witnesses 32
or the production of books, papers and docume nts, 33
notwithstanding any claim of privilege. 34
2. If any person refuses to obey a subpoena issued by the 35
Inspector General, the Inspector General may present a petition to 36
the district court of the county in which the person resides, setting 37
forth the facts, and thereupon the district court, in a proper case, 38
shall issue its subpoena to the person requiring his or her 39
attendance before the court to testify or to produce books, papers 40
and documents. 41
3. Any person failing or refusing to obey the subpoena of a 42
district court may be proceeded against in the same manner as for 43
a refusal to obey any other order of the district court. 44
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Sec. 16. 1. Except as otherwise provided in subsection 2, 1
the Inspector General shall make public an annual report of 2
audits, investigations, inspections and reviews conducted by the 3
Office after such audits, investigations, inspections or reviews are 4
concluded. 5
2. A report made public pursuant to subsection 1 must not 6
include: 7
(a) The personal identifying information of an original source 8
without his or her written consent; or 9
(b) Any information otherwise deemed privileged or 10
confidential by law. 11
3. As used in this section: 12
(a) “Original source” means a person who: 13
(1) Voluntarily discloses to the Inspector General the 14
information on which the allegations or transactions for an audit, 15
investigation, inspection or review are based before the public 16
disclosure of the information; or 17
(2) Has knowledge of information that is independent of 18
and materially adds to any allegations or transactions which are 19
publicly disclosed and who voluntarily provides such information 20
to a state agency, local government or nonprofit organization. 21
(b) “Personal identifying information” has the meaning 22
ascribed to it in NRS 205.4617. 23
Sec. 17. 1. Audits, investigations, inspections and reviews 24
conducted by the Office must conform to professional standards, 25
including, without limitation, standards promulgated by the 26
Association of Inspectors General or its successor organization. 27
2. The Legislative Auditor shall, on or before July 1, 2028, 28
and at least once every 5 years thereafter, prepare and make 29
public a report reviewing a representative sample of the audits, 30
investigations, inspections and reviews conducted by the Office for 31
that time period for conformance with the professional standards 32
described in subsection 1. 33
Sec. 18. A person who willfully discharges, demotes, 34
suspends, threatens, harasses or discriminates against an 35
employee, contractor or agent as a result of a lawful complaint of 36
the employee, contractor or agent concerning any fraud, waste, 37
abuse or corruption within any state agency, local government or 38
nonprofit organization is guilty of a category E felony and shall be 39
punished as provided in NRS 193.130. 40
Sec. 19. NRS 197.090 is hereby amended to read as follows: 41
197.090 1. Except under circumstances where a greater 42
penalty is provided in NRS 200.481, any person who, by means of 43
any threat, force or violence, attempts to deter or prevent any 44
executive or administrative officer from performing any duty 45
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imposed upon the officer by law, or who knowingly resists by force 1
or violence any executive or administrative officer in the 2
performance of the officer’s duty, is guilty of a gross misdemeanor. 3
2. Any person who, by means of any threat, force or violence, 4
attempts to deter or prevent the Inspector General or an employee 5
of the Nevada Office of the Inspector General from performing 6
any duty imposed upon the Inspector General or the Office by law, 7
or who knowingly resists by force or violence the Inspector 8
General or an employee of the Office in the performance of his or 9
her duty, is guilty of a category E felony and shall be punished as 10
provided in NRS 193.130. 11
3. As used in this section: 12
(a) “Inspector General” means the Inspector General 13
appointed pursuant to section 9 of this act. 14
(b) “Nevada Office of the Inspector General” or “Office” 15
means the Nevada Office of the Inspector General created by 16
section 9 of this act. 17
Sec. 20. NRS 200.471 is hereby amended to read as follows: 18
200.471 1. As used in this section: 19
(a) “Assault” means: 20
(1) Unlawfully attempting to use physical force against 21
another person; or 22
(2) Intentionally placing another person in reasonable 23
apprehension of immediate bodily harm. 24
(b) “Fire-fighting agency” has the meaning ascribed to it in 25
NRS 239B.020. 26
(c) “Health care facility” means a facility licensed pursuant to 27
chapter 449 of NRS, an office of a person listed in NRS 629.031, a 28
clinic or any other location, other than a residence, where health 29
care is provided. 30
(d) “Officer” means: 31
(1) A person who possesses some or all of the powers of a 32
peace officer; 33
(2) A person employed in a full-time salaried occupation of 34
fire fighting for the benefit or safety of the public; 35
(3) A member of a volunteer fire department; 36
(4) A jailer, guard or other correctional officer of a city or 37
county jail; 38
(5) The Inspector General appointed pursuant to section 9 39
of this act or an employee of the Nevada Office of the Inspector 40
General created by section 9 of this act; 41
(6) A prosecuting attorney of an agency or political 42
subdivision of the United States or of this State; 43
[(6)] (7) A justice of the Supreme Court, judge of the Court 44
of Appeals, district judge, justice of the peace, municipal judge, 45
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magistrate, court commissioner, master or referee, including a 1
person acting pro tempore in a capacity listed in this subparagraph; 2
[(7)] (8) An employee of this State or a political subdivision 3
of this State whose official duties require the employee to make 4
home visits; 5
[(8)] (9) A civilian employee or a volunteer of a law 6
enforcement agency whose official duties require the employee or 7
volunteer to: 8
(I) Interact with the public; 9
(II) Perform tasks related to law enforcement; and 10
(III) Wear identification, clothing or a uniform that 11
identifies the employee or volunteer as working or volunteering for 12
the law enforcement agency; 13
[(9)] (10) A civilian employee or a volunteer of a fire-14
fighting agency whose official duties require the employee or 15
volunteer to: 16
(I) Interact with the public; 17
(II) Perform tasks related to fire fighting or fire 18
prevention; and 19
(III) Wear identification, clothing or a uniform that 20
identifies the employee or volunteer as working or volunteering for 21
the fire-fighting agency; or 22
[(10)] (11) A civilian employee or volunteer of this State or 23
a political subdivision of this State whose official duties require the 24
employee or volunteer to: 25
(I) Interact with the public; 26
(II) Perform tasks related to code enforcement; and 27
(III) Wear identification, clothing or a uniform that 28
identifies the employee or volunteer as working or volunteering for 29
this State or a political subdivision of this State. 30
(e) “Provider of health care” means: 31
(1) A physician, a medical student, a perfusionist, an 32
anesthesiologist assistant or a physician assistant licensed pursuant 33
to chapter 630 of NRS, a practitioner of respiratory care, a 34
homeopathic physician, an advanced practitioner of homeopathy, a 35
homeopathic assistant, an osteopathic physician, a physician 36
assistant or anesthesiologist assistant licensed pursuant to chapter 37
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 38
therapist, a medical laboratory technician, an optometrist, a 39
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 40
of Oriental medicine, a nurse, a student nurse, a certified nursing 41
assistant, a nursing assistant trainee, a medication aide - certified, a 42
person who provides health care services in the home for 43
compensation, a dentist, a dental student, a dental hygienist, a dental 44
hygienist student, an expanded function dental assistant, an 45
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expanded function dental assistant student, a pharmacist, a 1
pharmacy student, an intern pharmacist, an attendant on an 2
ambulance or air ambulance, a psychologist, a social worker, a 3
marriage and family therapist, a marriage and family therapist 4
intern, a clinical professional counselor, a clinical professional 5
counselor intern, a behavior analyst, an assistant behavior analyst, a 6
registered behavior technician, a mental health technician, a licensed 7
dietitian, the holder of a license or a limited license issued under the 8
provisions of chapter 653 of NRS, a public safety officer at a health 9
care facility, an emergency medical technician, an advanced 10
emergency medical technician, a paramedic or a participant in a 11
program of training to provide emergency medical services; or 12
(2) An employee of or volunteer for a health care facility 13
who: 14
(I) Interacts with the public; 15
(II) Performs tasks related to providing health care; and 16
(III) Wears identification, clothing or a uniform that 17
identifies the person as an employee or volunteer of the health care 18
facility. 19
(f) “School employee” means a licensed or unlicensed person 20
employed by a board of trustees of a school district pursuant to NRS 21
391.100 or 391.281. 22
(g) “Sporting event” has the meaning ascribed to it in 23
NRS 41.630. 24
(h) “Sports official” has the meaning ascribed to it in 25
NRS 41.630. 26
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 27
(j) “Taxicab driver” means a person who operates a taxicab. 28
(k) “Transit operator” means a person who operates a bus or 29
other vehicle as part of a public mass transportation system. 30
(l) “Utility worker” means an employee of a public utility as 31
defined in NRS 704.020 whose official duties require the employee 32
to: 33
(1) Interact with the public; 34
(2) Perform tasks related to the operation of the public 35
utility; and 36
(3) Wear identification, clothing or a uniform that identifies 37
the employee as working for the public utility. 38
2. A person convicted of an assault shall be punished: 39
(a) If paragraph (c) or (d) does not apply to the circumstances of 40
the crime and the assault is not made with the use of a deadly 41
weapon or the present ability to use a deadly weapon, for a 42
misdemeanor. 43
(b) If the assault is made with the use of a deadly weapon or the 44
present ability to use a deadly weapon, for a category B felony by 45
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imprisonment in the state prison for a minimum term of not less 1
than 1 year and a maximum term of not more than 6 years, or by a 2
fine of not more than $5,000, or by both fine and imprisonment. 3
(c) If paragraph (d) does not apply to the circumstances of the 4
crime and if the assault: 5
(1) Is committed upon: 6
(I) An officer, a school employee, a taxicab driver, a 7
transit operator or a utility worker who is performing his or her 8
duty; 9
(II) A provider of health care while the provider of health 10
care is performing his or her duty or is on the premises where he or 11
she performs that duty; or 12
(III) A sports official based on the performance of his or 13
her duties at a sporting event; and 14
(2) The person charged knew or should have known that the 15
victim was an officer, a provider of health care, a school employee, 16
a taxicab driver, a transit operator, a utility worker or a sports 17
official, 18
for a gross misdemeanor, unless the assault is made with the use 19
of a deadly weapon or the present ability to use a deadly weapon, 20
then for a category B felony by imprisonment in the state prison for 21
a minimum term of not less than 1 year and a maximum term of not 22
more than 6 years, or by a fine of not more than $5,000, or by both 23
fine and imprisonment. 24
(d) If the assault: 25
(1) Is committed by a probationer, a prisoner who is in 26
lawful custody or confinement or a parolee upon: 27
(I) An officer, a school employee, a taxicab driver, a 28
transit operator or a utility worker who is performing his or her 29
duty; 30
(II) A provider of health care while the provider of health 31
care is performing his or her duty or is on the premises where he or 32
she performs that duty; or 33
(III) A sports official based on the performance of his or 34
her duties at a sporting event; and 35
(2) The probationer, prisoner or parolee charged knew or 36
should have known that the victim was an officer, a provider of 37
health care, a school employee, a taxicab driver, a transit operator, a 38
utility worker or a sports official, 39
for a category D felony as provided in NRS 193.130, unless the 40
assault is made with the use of a deadly weapon or the present 41
ability to use a deadly weapon, then for a category B felony by 42
imprisonment in the state prison for a minimum term of not less 43
than 1 year and a maximum term of not more than 6 years, or by a 44
fine of not more than $5,000, or by both fine and imprisonment. 45
– 14 –
- *AB33*
Sec. 21. NRS 200.481 is hereby amended to read as follows: 1
200.481 1. As used in this section: 2
(a) “Battery” means any willful and unlawful use of force or 3
violence upon the person of another. 4
(b) “Child” means a person less than 18 years of age. 5
(c) “Fire-fighting agency” has the meaning ascribed to it in 6
NRS 239B.020. 7
(d) “Officer” means: 8
(1) A person who possesses some or all of the powers of a 9
peace officer; 10
(2) A person employed in a full-time salaried occupation of 11
fire fighting for the benefit or safety of the public; 12
(3) A member of a volunteer fire department; 13
(4) A jailer, guard, matron or other correctional officer of a 14
city or county jail or detention facility; 15
(5) The Inspector General appointed pursuant to section 9 16
of this act or an employee of the Nevada Office of the Inspector 17
General created by section 9 of this act; 18
(6) A prosecuting attorney of an agency or political 19
subdivision of the United States or of this State; 20
[(6)] (7) A justice of the Supreme Court, judge of the Court 21
of Appeals, district judge, justice of the peace, municipal judge, 22
magistrate, court commissioner, master or referee, including, 23
without limitation, a person acting pro tempore in a capacity listed 24
in this subparagraph; 25
[(7)] (8) An employee of this State or a political subdivision 26
of this State whose official duties require the employee to make 27
home visits; 28
[(8)] (9) A civilian employee or a volunteer of a law 29
enforcement agency whose official duties require the employee or 30
volunteer to: 31
(I) Interact with the public; 32
(II) Perform tasks related to law enforcement; and 33
(III) Wear identification, clothing or a uniform that 34
identifies the employee or volunteer as working or volunteering for 35
the law enforcement agency; 36
[(9)] (10) A civilian employee or a volunteer of a fire-37
fighting agency whose official duties require the employee or 38
volunteer to: 39
(I) Interact with the public; 40
(II) Perform tasks related to fire fighting or fire 41
prevention; and 42
(III) Wear identification, clothing or a uniform that 43
identifies the employee or volunteer as working or volunteering for 44
the fire-fighting agency; or 45
– 15 –
- *AB33*
[(10)] (11) A civilian employee or volunteer of this State or 1
a political subdivision of this State whose official duties require the 2
employee or volunteer to: 3
(I) Interact with the public; 4
(II) Perform tasks related to code enforcement; and 5
(III) Wear identification, clothing or a uniform that 6
identifies the employee or volunteer as working or volunteering for 7
this State or a political subdivision of this State. 8
(e) “Provider of health care” has the meaning ascribed to it in 9
NRS 200.471. 10
(f) “School employee” means a licensed or unlicensed person 11
employed by a board of trustees of a school district pursuant to NRS 12
391.100 or 391.281. 13
(g) “Sporting event” has the meaning ascribed to it in 14
NRS 41.630. 15
(h) “Sports official” has the meaning ascribed to it in 16
NRS 41.630. 17
(i) “Strangulation” means intentionally applying sufficient 18
pressure to another person to make it difficult or impossible for the 19
person to breathe, including, without limitation, applying pressure to 20
the neck, throat or windpipe that may prevent or hinder breathing or 21
reduce the intake of air, or applying any pressure to the neck on 22
either side of the windpipe, but not the windpipe itself, to stop the 23
flow of blood to the brain via the carotid arteries. 24
(j) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 25
(k) “Taxicab driver” means a person who operates a taxicab. 26
(l) “Transit operator” means a person who operates a bus or 27
other vehicle as part of a public mass transportation system. 28
(m) “Utility worker” means an employee of a public utility as 29
defined in NRS 704.020 whose official duties require the employee 30
to: 31
(1) Interact with the public; 32
(2) Perform tasks related to the operation of the public 33
utility; and 34
(3) Wear identification, clothing or a uniform that identifies 35
the employee as working for the public utility. 36
2. Except as otherwise provided in NRS 200.485, a person 37
convicted of a battery, other than a battery committed by an adult 38
upon a child which constitutes child abuse, shall be punished: 39
(a) If the battery is not committed with a deadly weapon, and no 40
substantial bodily harm to the victim results, except under 41
circumstances where a greater penalty is provided in this section or 42
NRS 197.090, for a misdemeanor. 43
(b) If the battery is not committed with a deadly weapon, and 44
either substantial bodily harm to the victim results or the battery is 45
– 16 –
- *AB33*
committed by strangulation, for a category C felony as provided in 1
NRS 193.130. 2
(c) If: 3
(1) The battery is committed upon: 4
(I) An officer, school employee, taxicab driver, transit 5
operator or utility worker who was performing his or her duty; 6
(II) A provider of health care while the provider of health 7
care is performing his or her duty or is on the premises where he or 8
she performs that duty; or 9
(III) A sports official based on the performance of his or 10
her duties at a sporting event; 11
(2) The officer, provider of health care, school employee, 12
taxicab driver, transit operator, utility worker or sports official 13
suffers substantial bodily harm or the battery is committed by 14
strangulation; and 15
(3) The person charged knew or should have known that the 16
victim was an officer, provider of health care, school employee, 17
taxicab driver, transit operator, utility worker or sports official, 18
for a category B felony by imprisonment in the state prison for a 19
minimum term of not less than 2 years and a maximum term of not 20
more than 10 years, or by a fine of not more than $10,000, or by 21
both fine and imprisonment. 22
(d) If the battery: 23
(1) Is committed upon: 24
(I) An officer, school employee, taxicab driver, transit 25
operator or utility worker who is performing his or her duty; 26
(II) A provider of health care while the provider of health 27
care is performing his or her duty or is on the premises where he or 28
she performs that duty; or 29
(III) A sports official based on the performance of his or 30
her duties at a sporting event; and 31
(2) The person charged knew or should have known that the 32
victim was an officer, provider of health care, school employee, 33
taxicab driver, transit operator, utility worker or sports official, 34
for a gross misdemeanor, except under circumstances where a 35
greater penalty is provided in this section. 36
(e) If the battery is committed with the use of a deadly weapon, 37
and: 38
(1) No substantial bodily harm to the victim results, for a 39
category B felony by imprisonment in the state prison for a 40
minimum term of not less than 2 years and a maximum term of not 41
more than 10 years, and may be further punished by a fine of not 42
more than $10,000. 43
(2) Substantial bodily harm to the victim results or the 44
battery is committed by strangulation, for a category B felony by 45
– 17 –
- *AB33*
imprisonment in the state prison for a minimum term of not less 1
than 2 years and a maximum term of not more than 15 years, and 2
may be further punished by a fine of not more than $10,000. 3
(f) If the battery is committed by a probationer, a prisoner who 4
is in lawful custody or confinement or a parolee, without the use of 5
a deadly weapon, whether or not substantial bodily harm results and 6
whether or not the battery is committed by strangulation, for a 7
category B felony by imprisonment in the state prison for a 8
minimum term of not less than 1 year and a maximum term of not 9
more than 6 years. 10
(g) If the battery is committed by a probationer, a prisoner who 11
is in lawful custody or confinement or a parolee, with the use of a 12
deadly weapon, and: 13
(1) No substantial bodily harm to the victim results, for a 14
category B felony by imprisonment in the state prison for a 15
minimum term of not less than 2 years and a maximum term of not 16
more than 10 years. 17
(2) Substantial bodily harm to the victim results or the 18
battery is committed by strangulation, for a category B felony by 19
imprisonment in the state prison for a minimum term of not less 20
than 2 years and a maximum term of not more than 15 years. 21
Sec. 22. NRS 239.010 is hereby amended to read as follows: 22
239.010 1. Except as otherwise provided in this section and 23
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 24
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 25
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 26
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 27
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 28
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 29
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 30
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 31
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 32
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 33
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 34
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 35
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 36
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 37
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 38
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 39
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 40
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 41
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 42
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 43
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 44
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 45
– 18 –
- *AB33*
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 1
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 2
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 3
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 4
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 5
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 6
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 7
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 8
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 9
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 10
[353A.049,] 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 11
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 12
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 13
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 14
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 15
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 16
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 17
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 18
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 19
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 20
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 21
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 22
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 23
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 24
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 25
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 26
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 27
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 28
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 29
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 30
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 31
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 32
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 33
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 34
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 35
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 36
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 37
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 38
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 39
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 40
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 41
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 42
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 43
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 44
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 45
– 19 –
- *AB33*
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 1
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 2
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 3
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 4
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 5
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 6
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 7
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 8
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 9
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 10
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 11
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 12
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 13
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 14
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 15
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 16
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 17
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 18
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 19
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 20
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 21
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 22
711.600, and sections 13 and 16 of this act, sections 35, 38 and 41 23
of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 24
391, Statutes of Nevada 2013 and unless otherwise declared by law 25
to be confidential, all public books and public records of a 26
governmental entity must be open at all times during office hours to 27
inspection by any person, and may be fully copied or an abstract or 28
memorandum may be prepared from those public books and public 29
records. Any such copies, abstracts or memoranda may be used to 30
supply the general public with copies, abstracts or memoranda of the 31
records or may be used in any other way to the advantage of the 32
governmental entity or of the general public. This section does not 33
supersede or in any manner affect the federal laws governing 34
copyrights or enlarge, diminish or affect in any other manner the 35
rights of a person in any written book or record which is 36
copyrighted pursuant to federal law. 37
2. A governmental entity may not reject a book or record 38
which is copyrighted solely because it is copyrighted. 39
3. A governmental entity that has legal custody or control of a 40
public book or record shall not deny a request made pursuant to 41
subsection 1 to inspect or copy or receive a copy of a public book or 42
record on the basis that the requested public book or record contains 43
information that is confidential if the governmental entity can 44
redact, delete, conceal or separate, including, without limitation, 45
– 20 –
- *AB33*
electronically, the confidential information from the information 1
included in the public book or record that is not otherwise 2
confidential. 3
4. If requested, a governmental entity shall provide a copy of a 4
public record in an electronic format by means of an electronic 5
medium. Nothing in this subsection requires a governmental entity 6
to provide a copy of a public record in an electronic format or by 7
means of an electronic medium if: 8
(a) The public record: 9
(1) Was not created or prepared in an electronic format; and 10
(2) Is not available in an electronic format; or 11
(b) Providing the public record in an electronic format or by 12
means of an electronic medium would: 13
(1) Give access to proprietary software; or 14
(2) Require the production of information that is confidential 15
and that cannot be redacted, deleted, concealed or separated from 16
information that is not otherwise confidential. 17
5. An officer, employee or agent of a governmental entity who 18
has legal custody or control of a public record: 19
(a) Shall not refuse to provide a copy of that public record in the 20
medium that is requested because the officer, employee or agent has 21
already prepared or would prefer to provide the copy in a different 22
medium. 23
(b) Except as otherwise provided in NRS 239.030, shall, upon 24
request, prepare the copy of the public record and shall not require 25
the person who has requested the copy to prepare the copy himself 26
or herself. 27
Sec. 23. NRS 289.470 is hereby amended to read as follows: 28
289.470 “Category II peace officer” means: 29
1. The bailiffs of the district courts, justice courts and 30
municipal courts whose duties require them to carry weapons and 31
make arrests; 32
2. Subject to the provisions of NRS 258.070, constables and 33
their deputies; 34
3. Inspectors employed by the Nevada Transportation 35
Authority who exercise those powers of enforcement conferred by 36
chapters 706 and 712 of NRS; 37
4. Special investigators who are employed full-time by the 38
office of any district attorney or the Attorney General; 39
5. Investigators of arson for fire departments who are specially 40
designated by the appointing authority; 41
6. Investigators for the State Forester Firewarden who are 42
specially designated by the State Forester Firewarden and whose 43
primary duties are related to the investigation of arson; 44
– 21 –
- *AB33*
7. Agents of the Nevada Gaming Control Board who exercise 1
the powers of enforcement specified in NRS 289.360, 463.140 or 2
463.1405, except those agents whose duties relate primarily to 3
auditing, accounting, the collection of taxes or license fees, or the 4
investigation of applicants for licenses; 5
8. Investigators and administrators of the Division of 6
Compliance Enforcement of the Department of Motor Vehicles who 7
perform the duties specified in subsection 2 of NRS 481.048; 8
9. Officers and investigators of the Section for the Control of 9
Emissions From Vehicles and the Enforcement of Matters Related 10
to the Use of Special Fuel of the Department of Motor Vehicles who 11
perform the duties specified in subsection 3 of NRS 481.0481; 12
10. Legislative police officers of the State of Nevada; 13
11. Parole counselors of the Division of Child and Family 14
Services of the Department of Health and Human Services; 15
12. Criminal investigators who are employed by the Division 16
of Child and Family Services of the Department of Health and 17
Human Services; 18
13. Juvenile probation officers and deputy juvenile probation 19
officers employed by the various judicial districts in the State of 20
Nevada or by a department of juvenile justice services established 21
by ordinance pursuant to NRS 62G.210 whose official duties require 22
them to enforce court orders on juvenile offenders and make arrests; 23
14. Field investigators of the Taxicab Authority; 24
15. Security officers employed full-time by a city or county 25
whose official duties require them to carry weapons and make 26
arrests; 27
16. The chief of a department of alternative sentencing created 28
pursuant to NRS 211A.080 and the assistant alternative sentencing 29
officers employed by that department; 30
17. Agents of the Cannabis Compliance Board who exercise 31
the powers of enforcement specified in NRS 289.355; 32
18. Criminal investigators who are employed by the Secretary 33
of State; [and] 34
19. The Inspector General of the Department of Corrections 35
and any person employed by the Department as a criminal 36
investigator [.] ; and 37
20. The Inspector General appointed pursuant to section 9 of 38
this act and any person employed as an investigator by the Nevada 39
Office of the Inspector General created by section 9 of this act. 40
Sec. 24. NRS 353A.025 is hereby amended to read as follows: 41
353A.025 1. The head of each agency shall periodically 42
review the agency’s system of internal accounting and 43
administrative control to determine whether it is in compliance with 44
– 22 –
- *AB33*
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 appointed pursuant to section 9 of this 26
act; and 27
(d) Legislative Auditor. 28
5. The report submitted by the Director pursuant to subsection 29
4 must include, without limitation: 30
(a) The identification of each agency that has not complied with 31
the requirements of subsections 1 and 2; 32
(b) The identification of each agency that does not have an 33
effective method for reviewing its system of internal accounting and 34
administrative control; and 35
(c) The identification of each agency that has weaknesses in its 36
system of internal accounting and administrative control, and the 37
extent and types of such weaknesses. 38
Sec. 25. NRS 385A.400 is hereby amended to read as follows: 39
385A.400 1. The State Board shall, on or before January 15 40
of each year, prepare for the immediately preceding school year a 41
single annual report of accountability that includes, without 42
limitation the information prescribed by NRS 385A.400 to 43
385A.520, inclusive. 44
– 23 –
- *AB33*
2. A separate reporting for a group of pupils must not be made 1
pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of 2
pupils in that group is insufficient to yield statistically reliable 3
information or the results would reveal personally identifiable 4
information about an individual pupil. The Department shall use the 5
mechanism approved by the United States Department of Education 6
for the statewide system of accountability for public schools for 7
determining the minimum number of pupils that must be in a group 8
for that group to yield statistically reliable information. 9
3. The annual report of accountability must: 10
(a) Be prepared in a concise manner; and 11
(b) Be presented in an understandable and uniform format and, 12
to the extent practicable, provided in a language that parents can 13
understand. 14
4. On or before January 15 of each year, the State Board shall 15
provide for public dissemination of the annual report of 16
accountability by posting a copy of the report on the Internet 17
website maintained by the Department. 18
5. Upon the request of the Governor, the Attorney General, the 19
Committee, the Inspector General appointed pursuant to section 9 20
of this act, the Bureau, the Board of Regents of the University of 21
Nevada, the board of trustees of a school district, the State Public 22
Charter School Authority, a college or university within the Nevada 23
System of Higher Education, the governing body of a charter school 24
or a member of the general public, the State Board shall provide a 25
portion or portions of the annual report of accountability. 26
Sec. 26. NRS 387.013 is hereby amended to read as follows: 27
387.013 The State Controller shall, each year, prepare a 28
complete financial report of the State Permanent School Fund. A 29
copy of this report must be submitted to the State Treasurer , [and 30
to] the Fiscal Analysis Division of the Legislative Counsel Bureau 31
[.] and the Inspector General appointed pursuant to section 9 of 32
this act. 33
Sec. 27. NRS 387.303 is hereby amended to read as follows: 34
387.303 1. Not later than November 1 of each year, the board 35
of trustees of each school district shall submit to the Superintendent 36
of Public Instruction , [and] the Department of Taxation and the 37
Inspector General appointed pursuant to section 9 of this act a 38
report which includes the following information: 39
(a) For each fund within the school district, including, without 40
limitation, the school district’s general fund and any special revenue 41
fund which receives state money, the total number and salaries of 42
licensed and nonlicensed persons whose salaries are paid from the 43
fund and who are employed by the school district in full-time 44
positions or in part-time positions added together to represent 45
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full-time positions. Information must be provided for the current 1
school year based upon the school district’s final budget, including 2
any amendments and augmentations thereto, and for the preceding 3
school year. An employee must be categorized as filling an 4
instructional, administrative, instructional support or other position. 5
(b) The school district’s actual expenditures in the fiscal year 6
immediately preceding the report. 7
(c) The school district’s proposed expenditures for the current 8
fiscal year. 9
(d) The schedule of salaries for licensed employees in the 10
current school year and a statement of whether the negotiations 11
regarding salaries for the current school year have been completed. 12
If the negotiations have not been completed at the time the schedule 13
of salaries is submitted, the board of trustees shall submit a 14
supplemental report to the Superintendent of Public Instruction upon 15
completion of negotiations or the determination of an arbitrator 16
concerning the negotiations that includes the schedule of salaries 17
agreed to or required by the arbitrator. 18
(e) The number of employees who received an increase in salary 19
pursuant to NRS 391.161, 391.162 or 391.163 for the current and 20
preceding fiscal years. If the board of trustees is required to pay an 21
increase in salary retroactively pursuant to NRS 391.161, the board 22
of trustees shall submit a supplemental report to the Superintendent 23
of Public Instruction not later than February 15 of the year in which 24
the retroactive payment was made that includes the number of 25
teachers to whom an increase in salary was paid retroactively. 26
(f) The number of employees eligible for health insurance within 27
the school district for the current and preceding fiscal years and the 28
amount paid for health insurance for each such employee during 29
those years. 30
(g) The rates for fringe benefits, excluding health insurance, 31
paid by the school district for its licensed employees in the 32
preceding and current fiscal years. 33
(h) The amount paid for extra duties, supervision of 34
extracurricular activities and supplemental pay and the number of 35
employees receiving that pay in the preceding and current fiscal 36
years. 37
2. On or before November 25 of each year, the Superintendent 38
of Public Instruction shall submit to the Office of Finance and the 39
Fiscal Analysis Division of the Legislative Counsel Bureau, in a 40
format approved by the Director of the Office of Finance, a 41
compilation of the reports made by each school district pursuant to 42
subsection 1. 43
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3. In preparing the agency biennial budget request for the State 1
Education Fund for submission to the Office of Finance, the 2
Superintendent of Public Instruction: 3
(a) Shall compile the information from the most recent 4
compilation of reports submitted pursuant to subsection 2; and 5
(b) May consider the cost of enhancements to existing programs 6
or the projected cost of proposed new educational programs, 7
regardless of whether those enhancements or new programs are 8
included in the adjusted base per pupil funding for inclusion in the 9
biennial budget request to the Office of Finance. 10
4. The Superintendent of Public Instruction shall, in the 11
compilation required by subsection 2, reconcile the revenues of the 12
school districts with the apportionment received by those districts 13
from the State Education Fund for the preceding year. 14
5. The request prepared pursuant to subsection 3 must: 15
(a) Be presented by the Superintendent of Public Instruction to 16
such standing committees of the Legislature as requested by the 17
standing committees for the purposes of developing educational 18
programs and providing appropriations for those programs; and 19
(b) Provide for a direct comparison of appropriations to the 20
proposed budget of the Governor submitted pursuant to subsection 4 21
of NRS 353.230. 22
Sec. 28. 1. On or before December 1, 2025, the Lieutenant 23
Governor, State Treasurer and State Controller shall appoint an 24
Inspector General pursuant to section 9 of this act. 25
2. The State Controller is the acting Inspector General until the 26
Lieutenant Governor, State Treasurer and State Controller appoint 27
the initial Inspector General pursuant to section 9 of this act. 28
Sec. 29. The provisions of subsection 1 of NRS 218D.380 do 29
not apply to any provision of this act which adds or revises a 30
requirement to submit a report to the Legislature. 31
Sec. 30. The provisions of NRS 354.599 do not apply to any 32
additional expenses of a local government that are related to the 33
provisions of this act. 34
Sec. 31. NRS 353A.049 is hereby repealed. 35
Sec. 32. 1. This section becomes effective upon passage and 36
approval. 37
2. Sections 1 to 31, inclusive, of this act become effective: 38
(a) Upon passage and approval for the purpose of adopting any 39
regulations and performing any other preparatory administrative 40
tasks that are necessary to carry out the provisions of this act; and 41
(b) On October 1, 2025, for all other purposes. 42
– 26 –
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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
(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;
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(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