Senate Bill No. 550–Committee on Finance

May 26, 1999

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Referred to Committee on Finance

 

SUMMARY—Creates division of internal audits of department of administration and executive branch audit committee. (BDR 18-1766)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public financial administration; creating the division of internal audits of the department of administration and the executive branch audit committee; providing the powers and duties of the new division and committee; making an appropriation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1 Section 1. NRS 232.213 is hereby amended to read as follows:

1-2 232.213 1. The department of administration is hereby created.

1-3 2. The department consists of a director and the following divisions:

1-4 (a) Budget division.

1-5 (b) Risk management division.

1-6 (c) Hearings division, which consists of hearing officers, compensation

1-7 officers and appeals officers.

1-8 (d) Buildings and grounds division.

1-9 (e) Purchasing division.

1-10 (f) State printing division.

1-11 (g) Administrative services division.

1-12 (h) Division of internal audits.

1-13 3. The director may establish a motor pool division or may assign the

1-14 functions of the state motor pool to one of the other divisions of the

1-15 department.

2-1 Sec. 2. NRS 232.215 is hereby amended to read as follows:

2-2 232.215 The director:

2-3 1. Shall appoint a chief of the:

2-4 (a) Risk management division;

2-5 (b) Buildings and grounds division;

2-6 (c) Purchasing division;

2-7 (d) State printing division;

2-8 (e) Administrative services division; [and]

2-9 (f) Division of internal audits; and

2-10 (g) Motor pool division , if separately established.

2-11 2. Shall appoint a chief of the budget division, or may serve in this

2-12 position if he has the qualifications required by NRS 353.175.

2-13 3. Shall serve as chief of the hearings division and shall appoint the

2-14 hearing officers and compensation officers. The director may designate one

2-15 of the appeals officers in the division to supervise the administrative,

2-16 technical and procedural activities of the division.

2-17 4. Shall serve as chairman of the state public works board.

2-18 5. Is responsible for the administration, through the divisions of the

2-19 department, of the provisions of chapters 331, 333, 336 and 344 of NRS,

2-20 NRS 353.150 to 353.246, inclusive, sections 7 to 15, inclusive, of this act,

2-21 and all other provisions of law relating to the functions of the divisions of

2-22 the department.

2-23 6. Is responsible for the administration of the laws of this state relating

2-24 to the negotiation and procurement of medical services and other benefits

2-25 for state agencies.

2-26 7. Has such other powers and duties as are provided by law.

2-27 Sec. 3. NRS 232.2165 is hereby amended to read as follows:

2-28 232.2165 1. The chief of:

2-29 (a) The buildings and grounds division;

2-30 (b) The purchasing division;

2-31 (c) The state printing division;

2-32 (d) The administrative services division; [and]

2-33 (e) The division of internal audits; and

2-34 (f) If separately established, the motor pool division,

2-35 of the department serves at the pleasure of the director, but, except as

2-36 otherwise provided in subsection 2, for all purposes except removal is in

2-37 the classified service of the state.

2-38 2. The chief of the motor pool division , if separately established [is] ,

2-39 and the chief of the division of internal audits are in the unclassified

2-40 service of the state.

3-1 Sec. 4. NRS 232.217 is hereby amended to read as follows:

3-2 232.217 Unless federal law or regulation otherwise requires, the chief

3-3 of the:

3-4 1. Budget division;

3-5 2. Buildings and grounds division;

3-6 3. Purchasing division;

3-7 4. State printing division; [and]

3-8 5. Division of internal audits; and

3-9 6. Motor pool division , if separately established,

3-10 may appoint a deputy and a chief assistant in the unclassified service of the

3-11 state, who shall not engage in any other gainful employment or occupation

3-12 except as otherwise provided in NRS 284.143.

3-13 Sec. 5. NRS 232.219 is hereby amended to read as follows:

3-14 232.219 1. The department of administration’s operating fund for

3-15 administrative services is hereby created as an internal service fund.

3-16 2. The operating budget of each of the following entities must include

3-17 an amount representing that entity’s share of the operating costs of the

3-18 central accounting function of the department:

3-19 (a) State public works board;

3-20 (b) Budget division;

3-21 (c) Buildings and grounds division;

3-22 (d) Purchasing division;

3-23 (e) State printing division;

3-24 (f) Hearings division;

3-25 (g) Risk management division;

3-26 (h) [Office of financial management, training and controls;] Division of

3-27 internal audits; and

3-28 (i) If separately established, the motor pool division.

3-29 3. All money received for the central accounting services of the

3-30 department must be deposited in the state treasury for credit to the

3-31 operating fund.

3-32 4. All expenses of the central accounting function of the department

3-33 must be paid from the fund as other claims against the state are paid.

3-34 Sec. 6. Chapter 353A of NRS is hereby amended by adding thereto the

3-35 provisions set forth as sections 7 to 15, inclusive, of this act.

3-36 Sec. 7. As used in NRS 353A.045, 353A.055 and 353A.065 and

3-37 sections 7 to 15, inclusive, of this act, unless the context otherwise

3-38 requires, the words and terms defined in sections 8 and 9 of this act have

3-39 the meanings ascribed to them in those sections.

3-40 Sec. 8. "Chief" means the chief of the division.

3-41 Sec. 9. "Division" means the division of internal audits of the

3-42 department of administration.

4-1 Sec. 10. 1. The chief must:

4-2 (a) Be a certified public accountant licensed by this state or a public

4-3 accountant qualified pursuant to chapter 628 of NRS to practice public

4-4 accounting in this state; and

4-5 (b) Have at least 5 years of progressively responsible experience in

4-6 professional auditing and performing internal audits or postaudits. The

4-7 experience must include, without limitation, the performance of audits of

4-8 governmental entities or of private business organizations, whether or

4-9 not organized for profit.

4-10 2. The chief may employ, within the limits of legislative

4-11 appropriations, such staff as is necessary to the performance of his

4-12 duties.

4-13 Sec. 11. 1. The executive branch audit committee is hereby

4-14 created.

4-15 2. The committee must consist of one member who is a

4-16 representative of the general public appointed by the governor, who has

4-17 at least 5 years of progressively responsible experience in the field of

4-18 auditing and who does not engage in business with any agency, and the

4-19 following ex officio members:

4-20 (a) The governor, who shall serve as chairman of the committee;

4-21 (b) The lieutenant governor;

4-22 (c) The secretary of state;

4-23 (d) The state treasurer;

4-24 (e) The state controller; and

4-25 (f) The attorney general.

4-26 3. The member of the committee who is a representative of the

4-27 general public is entitled to receive a salary of $80 per day while engaged

4-28 in the business of the committee.

4-29 4. While engaged in the business of the committee, each member of

4-30 the committee is entitled to receive the per diem allowance and travel

4-31 expenses provided for state officers and employees generally.

4-32 5. The committee shall:

4-33 (a) Adopt policies and procedures for the operation of the division;

4-34 (b) Approve, with or without revision, each annual plan for auditing

4-35 agencies presented by the chief pursuant to NRS 353A.045, and any

4-36 revisions to such a plan, before the plan is implemented; and

4-37 (c) Approve, with or without revision, each annual report submitted by

4-38 the chief pursuant to NRS 353A.065.

4-39 Sec. 12. 1. Except as otherwise provided in subsection 2, upon the

4-40 request of the chief or his authorized representative, all officers and

4-41 employees of each executive branch agency shall make available to the

4-42 division all books, accounts, claims, reports, vouchers or other records of

5-1 information, confidential or otherwise, in the possession or control of the

5-2 agency.

5-3 2. This section does not authorize the chief or his authorized

5-4 representative to have access to any books, accounts, claims, reports,

5-5 vouchers or other records or information of any business or activity

5-6 which NRS 665.130 and 668.085 require to be kept confidential.

5-7 Sec. 13. 1. After each audit is completed, the chief or his

5-8 designated representative shall submit a copy of the preliminary findings

5-9 and recommendations of the audit to the head of the audited agency.

5-10 Within 10 working days after receipt of the preliminary findings and

5-11 recommendations, the head of the agency shall submit to the chief a

5-12 written statement of acceptance, explanation or rebuttal concerning the

5-13 findings. The chief shall include the statement of the head of the agency

5-14 in the final report.

5-15 2. The chief shall submit a final report to the committee and the

5-16 head of the audited agency.

5-17 3. Except as otherwise provided in sections 7 to 15, inclusive, of this

5-18 act, the chief shall not disclose the content of any audit before the final

5-19 report is submitted to the committee pursuant to subsection 2 except in

5-20 the case of alleged illegal acts which must be reported immediately upon

5-21 discovery.

5-22 Sec. 14. Within 6 months after the date that the final report is

5-23 submitted pursuant to section 13 of this act, if corrective action is

5-24 recommended for an agency, the chief shall determine whether

5-25 appropriate corrective actions are being taken and whether those actions

5-26 are achieving the desired result. The chief shall inform the committee

5-27 and the head of the audited agency of the effect of any corrective actions

5-28 taken.

5-29 Sec. 15. 1. The chief shall keep or cause to be kept a complete file

5-30 of copies of all reports of audits, examinations, investigations and all

5-31 other reports or releases issued by him.

5-32 2. All working papers from an audit are confidential and may be

5-33 destroyed by the chief 5 years after the report is issued, except that the

5-34 chief:

5-35 (a) Shall release such working papers when subpoenaed by a court of

5-36 competent jurisdiction;

5-37 (b) Shall make such working papers available to the legislative auditor

5-38 upon his request; and

5-39 (c) May make such working papers available for inspection by an

5-40 authorized representative of any other governmental entity for a matter

5-41 officially before him.

6-1 Sec. 16. NRS 353A.010 is hereby amended to read as follows:

6-2 353A.010 As used in this chapter, unless the context otherwise

6-3 requires:

6-4 1. "Agency" means every agency, department, division, board,

6-5 commission or similar body, or elected officer, of the executive branch of

6-6 the state . [, except:

6-7 (a) A board or commission created by the provisions of chapters 623 to

6-8 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

6-9 (b) The University and Community College System of Nevada.

6-10 (c) The public employees’ retirement system.

6-11 (d) The state industrial insurance system.

6-12 (e) The housing division of the department of business and industry.

6-13 (f) The Colorado River commission.]

6-14 2. "Committee" means the executive branch audit committee created

6-15 pursuant to section 11 of this act.

6-16 3. "Director" means the director of the department of administration.

6-17 [3.] 4. "Internal accounting and administrative control" means a

6-18 method through which agencies can safeguard assets, check the accuracy

6-19 and reliability of their accounting information, promote efficient operations

6-20 and encourage adherence to prescribed managerial policies.

6-21 Sec. 17. NRS 353A.020 is hereby amended to read as follows:

6-22 353A.020 1. The director, in consultation with the [state controller]

6-23 committee and legislative auditor, shall adopt a uniform system of internal

6-24 accounting and administrative control for agencies. The elements of the

6-25 system must include, without limitation:

6-26 (a) A plan of organization which provides for a segregation of duties

6-27 appropriate to safeguard the assets of the agency;

6-28 (b) A plan which limits access to assets of the agency to persons who

6-29 need the assets to perform their assigned duties;

6-30 (c) Procedures for authorizations and recordkeeping which effectively

6-31 control accounting of assets, liabilities, revenues and expenses;

6-32 (d) A system of practices to be followed in the performance of the duties

6-33 and functions of each agency; and

6-34 (e) An effective system of internal review.

6-35 2. The director, in consultation with the [state controller] committee

6-36 and legislative auditor, may modify the system whenever he considers it

6-37 necessary.

6-38 3. Each agency shall develop written procedures to carry out the

6-39 system of internal accounting and administrative control adopted pursuant

6-40 to this section.

6-41 4. For the purposes of this section, "agency" does not include:

6-42 (a) A board or commission created by the provisions of chapters 623

6-43 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

7-1 (b) The University and Community College System of Nevada.

7-2 (c) The public employees’ retirement system.

7-3 (d) The state industrial insurance system.

7-4 (e) The housing division of the department of business and industry.

7-5 (f) The Colorado River Commission.

7-6 Sec. 18. NRS 353A.025 is hereby amended to read as follows:

7-7 353A.025 1. The head of each agency shall periodically review the

7-8 agency’s system of internal accounting and administrative control to

7-9 determine whether it is in compliance with the uniform system of internal

7-10 accounting and administrative control for agencies adopted pursuant to

7-11 subsection 1 of NRS 353A.020.

7-12 2. On or before July 1 of each even-numbered year, the head of each

7-13 agency shall report to the director whether the agency’s system of internal

7-14 accounting and administrative control is in compliance with the uniform

7-15 system adopted pursuant to subsection 1 of NRS 353A.020. The reports

7-16 must be made available for inspection by the members of the legislature.

7-17 3. For the purposes of this section, "agency" does not include:

7-18 (a) A board or commission created by the provisions of chapters 623

7-19 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

7-20 (b) The University and Community College System of Nevada.

7-21 (c) The public employees’ retirement system.

7-22 (d) The state industrial insurance system.

7-23 (e) The housing division of the department of business and industry.

7-24 (f) The Colorado River Commission.

7-25 Sec. 19. NRS 353A.045 is hereby amended to read as follows:

7-26 353A.045 The chief of the [office of financial management, training

7-27 and controls] division shall:

7-28 1. Report to the director.

7-29 2. Develop long-term and annual work plans to be based on the results

7-30 of periodic documented risk assessments. The annual work plan must:

7-31 (a) List the agencies to which the [office] division will provide training

7-32 and assistance;

7-33 [(b) Ensure that the internal accounting, administrative controls and

7-34 financial management of those agencies are to be reviewed periodically;

7-35 and

7-36 (c)] and

7-37 (b) Be submitted to the director for approval.

7-38 3. Provide a copy of the approved annual work plan to the legislative

7-39 auditor.

7-40 4. In consultation with the director, prepare a plan for auditing

7-41 executive branch agencies for each fiscal year and present the plan to the

7-42 committee for its review and approval. Each plan for auditing must:

8-1 (a) State the agencies which will be audited, the proposed scope and

8-2 assignment of those audits and the related resources which will be used

8-3 for those audits; and

8-4 (b) Ensure that the internal accounting, administrative controls and

8-5 financial management of each agency are reviewed periodically.

8-6 5. Perform the audits of the programs and activities of the agencies

8-7 in accordance with the plan approved pursuant to subsection 5 of section

8-8 11 of this act and prepare audit reports of his findings.

8-9 6. Review each agency that is audited pursuant to subsection 5 and

8-10 advise those agencies concerning internal accounting, administrative

8-11 controls and financial management.

8-12 7. Submit to each agency that is audited pursuant to subsection 5

8-13 analyses, appraisals and recommendations concerning:

8-14 (a) The adequacy of the internal accounting and administrative

8-15 controls of the agency; and

8-16 (b) The efficiency and effectiveness of the management of the agency.

8-17 8. Report any possible abuses, illegal actions, errors, omissions and

8-18 conflicts of interest of which the division becomes aware during the

8-19 performance of an audit.

8-20 9. Adopt the standards of the Institute of Internal Auditors for

8-21 conducting and reporting on audits.

8-22 10. Consult with the legislative auditor concerning the plan for

8-23 auditing and the scope of audits to avoid duplication of effort and undue

8-24 disruption of the functions of agencies that are audited pursuant to

8-25 subsection 5.

8-26 Sec. 20. NRS 353A.055 is hereby amended to read as follows:

8-27 353A.055 1. The [office of financial management, training and

8-28 controls] division shall:

8-29 (a) Determine the adequacy of the system of internal accounting,

8-30 administrative control and financial management of each agency to which

8-31 the [office] division provides training and assistance.

8-32 (b) [Develop regulations for adoption by the state board of examiners]

8-33 Adopt regulations, approved by the committee, requiring the provision of

8-34 training to any employee of an agency who is responsible for administering

8-35 budgetary accounts. The training must address:

8-36 (1) The laws and regulations of this state and the Federal Government

8-37 applicable to the operations of the agency.

8-38 (2) Internal accounting, administrative controls and financial

8-39 management.

8-40 (3) Techniques to address the adequacy of controls of the agency.

9-1 (c) Develop and administer a procedure to evaluate the effectiveness of

9-2 any training provided to an agency.

9-3 (d) Provide technical assistance to agencies in developing and carrying

9-4 out their systems of internal accounting, administrative controls and

9-5 financial management.

9-6 (e) Prepare separate reports for each agency which summarize the

9-7 results of the training and assistance provided to the agency.

9-8 2. The [office of financial management, training and controls] division

9-9 shall not:

9-10 (a) Provide any services to an agency that is under the direct control or

9-11 administration of a constitutional officer unless the constitutional officer

9-12 requests such services.

9-13 (b) Conduct investigations, but shall refer such matters to the

9-14 appropriate agency.

9-15 Sec. 21. NRS 353A.065 is hereby amended to read as follows:

9-16 353A.065 1. Within 90 days after the end of each fiscal year, the

9-17 chief [of the office of financial management, training and controls shall

9-18 issue] shall submit an annual report to the committee for its approval

9-19 which:

9-20 (a) Lists the agencies to which the [office provided training, evaluated

9-21 controls and carried out systems of internal accounting, administrative

9-22 controls and financial management;] division provided training and

9-23 assistance;

9-24 (b) Separately lists any other [related] activities undertaken by the

9-25 [chief] division that are related to the provision of training and assistance

9-26 and the status of those activities; [and]

9-27 (c) Contains a list of the final reports that have been submitted

9-28 pursuant to section 13 of this act;

9-29 (d) Contains a separate list of any other activities undertaken by the

9-30 division that are related to the final reports submitted pursuant to section

9-31 13 of this act and the status of those activities; and

9-32 (e) Describes the accomplishments of the office.

9-33 2. The chief shall provide a copy of the annual report to the:

9-34 (a) [Governor;] Committee;

9-35 (b) Director;

9-36 (c) Interim finance committee; and

9-37 (d) Legislative auditor.

9-38 Sec. 22. Section 1 of Assembly Bill No. 255 of this session is hereby

9-39 amended to read as follows:

9-40 Section 1. NRS 353A.025 is hereby amended to read as

9-41 follows:

9-42 353A.025 1. The head of each agency shall periodically

9-43 review the agency’s system of internal accounting and

10-1 administrative control to determine whether it is in compliance with

10-2 the uniform system of internal accounting and administrative

10-3 control for agencies adopted pursuant to subsection 1 of NRS

10-4 353A.020.

10-5 2. On or before July 1 of each even-numbered year, the head of

10-6 each agency shall report to the director whether the agency’s system

10-7 of internal accounting and administrative control is in compliance

10-8 with the uniform system adopted pursuant to subsection 1 of NRS

10-9 353A.020. The reports must be made available for inspection by the

10-10 members of the legislature.

10-11 3. For the purposes of this section, "agency" does not include:

10-12 (a) A board or commission created by the provisions of chapters

10-13 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

10-14 (b) The University and Community College System of Nevada.

10-15 (c) The public employees’ retirement system.

10-16 (d) The state industrial insurance system.

10-17 (e) The housing division of the department of business and

10-18 industry.

10-19 (f) The Colorado River Commission.

10-20 4. The director shall, on or before the first Monday in

10-21 February of each odd-numbered year, submit a report on the

10-22 status of internal accounting and administrative controls in

10-23 agencies to the:

10-24 (a) Director of the legislative counsel bureau for transmittal to

10-25 the:

10-26 (1) Senate standing committee on finance; and

10-27 (2) Assembly standing committee on ways and means;

10-28 (b) Governor; and

10-29 (c) Legislative auditor.

10-30 5. The report submitted by the director pursuant to subsection

10-31 4 must include, without limitation:

10-32 (a) The identification of each agency that has not complied

10-33 with the requirements of subsections 1 and 2;

10-34 (b) The identification of each agency that does not have an

10-35 effective method for reviewing its system of internal accounting

10-36 and administrative control; and

10-37 (c) The identification of each agency that has weaknesses in its

10-38 system of internal accounting and administrative control, and the

10-39 extent and types of such weaknesses.

10-40 Sec. 23. NRS 353A.035 is hereby repealed.

10-41 Sec. 24. 1. There is hereby appropriated from the state general fund

10-42 to the department of administration for the establishment of the division of

10-43 internal audits, including personnel costs, operating costs and expenses

11-1 related to travel, information services and the purchase of necessary

11-2 equipment, hardware and software:

11-3 For the fiscal year 1999-2000 $751,833

11-4 For the fiscal year 2000-2001 $1,168,609

11-5 2. Any balance of the sums appropriated by subsection 1 remaining at

11-6 the end of the respective fiscal years must not be committed for expenditure

11-7 after June 30 of the respective fiscal years and reverts to the state general

11-8 fund as soon as all payments of money committed have been made.

11-9 Sec. 25. This act becomes effective on July 1, 1999.

 

11-10 TEXT OF REPEALED SECTION

 

11-11 353A.035 Creation; appointment and qualifications of chief;

11-12 restrictions on other employment of chief; employment of staff.

11-13 1. The office of financial management, training and controls is hereby

11-14 created within the department of administration.

11-15 2. The director shall appoint a chief of the office. The chief is in the

11-16 unclassified service of the state and, except as otherwise provided in NRS

11-17 284.143, shall not engage in any other gainful employment or occupation.

11-18 3. The chief must:

11-19 (a) Be a certified public accountant licensed by this state or a public

11-20 accountant qualified pursuant to chapter 628 of NRS to practice public

11-21 accounting in this state; and

11-22 (b) Have at least 5 years of progressively responsible professional

11-23 auditing experience performing internal audits or postaudits. The auditing

11-24 experience must consist of audits of governmental entities or of private

11-25 business organizations, whether or not organized for profit.

11-26 4. The chief may employ, within the limits of legislative

11-27 appropriations, such staff as is necessary to the performance of his duties.

11-28 The chief shall not limit his own work assignments to administrative duties.

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