AB 404 — Creates the Nevada Office of the Inspector General. (BDR 18-740)
Last action — (No further action taken.)
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
789 added · 679 removed789 line(s) added, 679 removed.
(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
404–ASSEMBLYMEN M ILLER , MCCURDY II, B ENITEZENITEZ-THOMPSON -THOMPSON ;
BROOKSROOKS , DWARDS AND FUMOF UMO M ARCH 20, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Creates the Nevada Office of the Inspector General.
Section 11 of this bill transfers from the Division of Internal - *AB404**AB404_R1* – 2 – Audits to the Inspector General the requirement to establish a telephone number to receive information relating to abuse, fraud and waste with respect to the use of public money.
(1) requires a state agency or local government, upon request by the Inspector General, to cooperate with and provide assistance to who willfully resists, prevents, impedes or interferes in the performance of then duties of the Nevada Office of the Inspector General guilty of a category CE felony.
and (2) the identity of General must be made available to the public.public annually.
Section 16 of this billbillor makes it atora category CE felony to retaliate against certain persons who file a whistleblower.lawful complaint concerning fraud, waste, abuse or corruption within a state agency or local government.
Existing law provides that a person commits a gross misdemeanor if he or she uses threats or force to prevent an executive or administrative officer from a person to use threats or force to prevent the Inspector General or an employee offor the Nevada Office of the Inspector General from performing his or her duties.
SectionSections 1717.5 ofand this bill makes it a category E felony for a person to use threats or force to prevent the Inspector General or an employee of theSection 18 of this bill includesinclude the Inspector General and employees of the Nevada Office of the Inspector General in the definition of “officer” for the purpose of the increased penalty for assault or battery of an officer.
As used in this chapter, unless the context requires otherwise, the words and terms defined in sections 3,3 4to and5.5, 5inclusive, of this act have the meanings ascribed to them in those sections.
“Local government” means any political subdivision of this State that receives fundingany frompublic thefunding, State, including, without limitation, any county, city, town, board, airport authority, regional transportation commission, fire protection district, irrigation district, school district or other special district that performs a governmental function and receives fundingany frompublic thefunding. State.
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5.5.
“Waste” means the squandering of money or resources, whether or not the activity is unlawful.
The Nevada Office of the Inspector General - *AB404* – 3 – consists of the Inspector General and any person employed in the Office.
and (b) Certification as a Certified Fraud Examiner by the Association of Certified Fraud Examiners, or its successor organization, and as a Certified Inspector General by the Association of Inspectors General, or its successor organization, not later than 18 months after appointment as the Inspector General.General;
and (c) Continued status as a Certified Inspector General by the Association of Inspectors General, or its successor organization, while in office.
Sec.(c) Is ineligible for elective public office under the government and laws of this State, other than federal office, for 4 years after the date he or she leaves office.
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(b) May, within the limits of available money, employ such persons he or she deems necessary to provide an appropriate staff - *AB404* – 4 – for the Office, including, without limitation, auditors, administrative staff, investigators and sworn peace officers.
and (b) Upon request by the Governor, but not less often than quarterly, submit a report to the Governor and to the Director of the Legislative Counsel Bureau for distribution to the Legislature setting forth any findings and conclusions relating to an audit, investigation, inspection or review specified in subsection 12 and any suggested corrective or remedial actions, including, without limitation, increased oversight, carrying out or modifying any controls for internal management, termination of employment or referral to the Commission on Ethics or the Attorney General when appropriate.
- *AB404_R1* – 5 – (c) Conduct a review of the performance measurement system of any state agency or local government.
(f) Audit, inspect, investigate and review the activities, records, procurements, grants, agreements and other financial arrangements undertaken by any state agency, local government, contractor, grantee or other recipient of money, property or - *AB404* – 5 – services to be spent or used on behalf of the State or a political subdivision, but not including a natural person who is receiving:
- *AB404_R1* – 6 – (a) Establish a telephone number at which a person may confidentially report to the Office information relating to abuse, fraud or waste with respect to public money received and used by an agency or contractor;
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 - *AB404* – 6 – report the information at the telephone number established pursuant to paragraph (a).
- *AB404_R1* – 7 – (a) “Contractor” means any person, business, organization or nonprofit corporation that contracts with a state agency or local government to receive public money.
(b) “Public money” means any money deposited with a depository by the State Treasurer and includes money which is received by a state agency or local government from the Federal - *AB404* – 7 – Government for distribution and use in this State pursuant to a federal law or federal regulation.
A person who willfully prevents, impairs or prohibits the Inspector General from initiating, carrying out or completing any audit, investigation, inspection or review is guilty of a category CE felony and shall be punished as provided in NRS 193.130.
Except as otherwise provided in subsection 2, the Inspector General shall make public allan reportsannual report of audits, investigations, inspections and reviews conducted by the Office and open to inspection after thesuch audit,audits, investigation,investigations, inspectioninspections or reviewreviews isare concluded.
- *AB404_R1* – 8 – (a) The personal identifying information of an original source without his or her written consent;
or - *AB404* – 8 – (2) Who has knowledge of information that is independent of and materially adds to any allegations or transactions which are publicly disclosed and who voluntarily provides such information to the State or a local government.
A person who willfully discharges, demotes, suspends, threatens, harasses or discriminates against an employee, contractor or agent as a result of a lawful complaint of the employee, contractor or agent concerning any fraud, waste, abuse or corruption within any state agency or local government is guilty of a category CE felony and shall be punished as provided in NRS 193.130.
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- *AB404* – 9 – 2.
17.5.
NRS 200.471 is hereby amended to read as follows:
200.471 1.
As used in this section:
(a) “Assault” means:
(1) Unlawfully attempting to use physical force against another person;
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or (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) “Officer” means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) The Inspector General appointed pursuant to section 6 of this act or an employee of the Nevada Office of the Inspector General created by section 6 of this act.
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;
or - *AB404_R1* – 10 – [(6)] (7) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.
(c) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, an emergency medical technician, an advanced emergency medical technician and a paramedic.
(d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(e) “Sporting event” has the meaning ascribed to it in NRS 41.630.
(f) “Sports official” has the meaning ascribed to it in NRS 41.630.
(g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(h) “Taxicab driver” means a person who operates a taxicab.
(i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.
2.
A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of - *AB404_R1* – 11 – health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec.
(5) The Inspector General appointed pursuant to section 6 of this act or an employee of the Nevada Office of the Inspector General created by section 6 of this act.act;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, - *AB404_R1* – 12 – magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;
- *AB404* – 10 – (g) “Sports official” has the meaning ascribed to it in NRS 41.630.
and (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, - *AB404_R1* – 13 – ¬ for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
- *AB404* – 11 – (e) If the battery is committed with the use of a deadly weapon, and:
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, - *AB404_R1* – 14 – 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, - *AB404* – 12 – 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, [353A.049,] 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, - *AB404_R1* – 15 – 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, - *AB404* – 13 – 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 10 and 13 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
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- *AB404* – 14 – Sec.
- *AB404_R1* – 17 – 12.
- *AB404* – 15 – 16.
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- *AB404* – 16 – (a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS.
The Administrator of the Division of Internal Audits of the Office of Finance is the acting Inspector General until the Governor - *AB404_R1* – 19 – appoints the initial Inspector General pursuant to section 6 of this act.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirementreqSec. to submit a report to the Legislature.
Sec.
NRStoNRS 353A.049 is hereby repealed.repealed.ure.
- *AB404* – 17 – TEXT OF REPEALED SECTION 353A.0491.3AThe DutiesDirector ofshall:irector. Director.
(b)(a) OnIn theeach Internetpublic websitebuilding maintained by the Office of Finance.an agency;
and (b) On the Internet website maintained by the Office of Finance.
and (2)that Anyresulted resolutionfrom orthe correctivereview.rrective action taken by the Division that(b) resultedMust fromnot include the review.identity of the person who reported the information.
(b)- Must*AB404_R1* not– include20 the– identity4. 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.
Except as otherwise provided in subsections 3 and 5, any information reported to the Division at the telephone number without limitation, the identity of the person who reported theg, information, is confidential.
(b) For the purpose of carrying out any duty of the Division prescribed by NRS 353A.031 to 353A.100, inclusive, or for thetheon - *AB404* – 18 – purpose of assisting the Director or Administrator in carrying out any duty of the Director or Administrator prescribed by this chapter;
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.
(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 contractorcarry andout theany agency.ursuantobligation pursuant to a contract between the (b)contractor “Public money” means any money deposited with a depository by the State Treasurer and includes money which is received by an agency from the Federalagency. Government for distribution and use in this State pursuant to a federal law or federal regulation.
H(b) -“Public *AB404*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 - *AB404_R1*
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Action History
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(No further action taken.)
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From printer. To engrossment. Engrossed. First reprint . To committee.
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Read second time. Amended. (Amend. No. 492.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Placed on Second Reading File.
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From committee: Amend, and do pass as amended.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Government Affairs. To printer.
Sponsors
- Brittney M. Miller · Primary
- Chris Brooks · Cosponsor
- William McCurdy II · Primary
- Chris Edwards · Cosponsor
- Teresa Benitez-Thompson · Primary
- Ozzie Fumo · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 3 co-sponsors · 61 not signed on
Sponsors (3)
Co-sponsors (3)
Not signed on (61)
61 members have not signed on to this bill.
Show all 61 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 404?
- AB 404 is sponsored by Miller, Brittney M. (Democratic), Chris Brooks, William McCurdy II, Chris Edwards, Teresa Benitez-Thompson, and Ozzie Fumo.
- What is the current status of AB 404?
- This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 404?
- Track AB 404 free on One Click Politics — get push/email alerts when it moves.
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