AB 13 — Revises provisions related to governmental administration. (BDR 23-418)

(ReprintedAssembly withBill amendmentsNo. adopted on April 6, 2023) FIRST REPRINT A.B.

1313–Committee ASSEMBLYon BILLGovernment NOAffairs .CHAPTER..........

13–COMMITTEE ON GOVERNMENT A FFAIRS (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions related to governmental administration.

(BDR 23-418) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law encourages state officers and employees to disclose improper action and protects the rights of a state officer or employee who makes such a disclosure, commonly known as a whistleblower.

(1) requires a state officer or employee to use his or her official authority or influence to remedy any reprisal(2) prohibits a state officer or retaliatoryemployee actionfrom ofusing whichor theattempting to use his or her official authority or influence to intimidate, threaten, coerce, command or influence another state officer or employee becomesin aware;an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

and (2) prohibits a state officer or employee from using or attempting to use his or her another state officer or employee in an effort to interfere with or prevent theluence disclosure of information concerning improper governmental action.

- *AB13_R1* – 2 – Existing law authorizes a hearing officer who hears an appeal relating to alleged reprisal or retaliatory action against a state officer or employee for disclosing improper governmental action, upon determining that certain violations occurred or an action taken was a reprisal or retaliatory action to:

(1) issue an order directing the proper person to desist and refrain from engaging in such a violation or action;

(NRS 281.641)281.641)ation This bill eliminates the authority of a hearing officer to order the termination of employment of the proper person.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

If any alleged violation of NRS 281.631 occurs or any alleged reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is - 82nd Session (2023) – 2 – disclosed, the state officer or employee may file a written appeal , not later than 60 working days after the date on which the alleged violation or reprisal or retaliatory action occurred, with a hearing officer of the Personnel Commission for a determination of whether a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, as applicable.

or (b) The facts and circumstances under which the disclosure of improper governmental action was made and the reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

- *AB13_R1* – 3 – 4.

As used in this section, “Personnel Commission” means the PerSec.Personnel Commission created by NRS 284.030.

Sec.

H~~~~~ 23 - *AB13_R1*82nd Session (2023)