Senate Bill No. 550–Committee on Finance
May 26, 1999
____________
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
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: 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, compensation1-7
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 the1-14
functions of the state motor pool to one of the other divisions of the1-15
department.2-1
Sec. 2. NRS 232.215 is hereby amended to read as follows: 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;2-9
(f) Division of internal audits; and2-10
(g) Motor pool division , if separately established.2-11
2. Shall appoint a chief of the budget division, or may serve in this2-12
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 the2-14
hearing officers and compensation officers. The director may designate one2-15
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 the2-19
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 of2-22
the department.2-23
6. Is responsible for the administration of the laws of this state relating2-24
to the negotiation and procurement of medical services and other benefits2-25
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: 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;2-33
(e) The division of internal audits; and2-34
(f) If separately established, the motor pool division,2-35
of the department serves at the pleasure of the director, but, except as2-36
otherwise provided in subsection 2, for all purposes except removal is in2-37
the classified service of the state.2-38
2. The chief of the motor pool division , if separately established2-39
and the chief of the division of internal audits are in the unclassified2-40
service of the state.3-1
Sec. 4. NRS 232.217 is hereby amended to read as follows: 232.217 Unless federal law or regulation otherwise requires, the chief3-3
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;3-8
5. Division of internal audits; and3-9
6. Motor pool division , if separately established,3-10
may appoint a deputy and a chief assistant in the unclassified service of the3-11
state, who shall not engage in any other gainful employment or occupation3-12
except as otherwise provided in NRS 284.143.3-13
Sec. 5. NRS 232.219 is hereby amended to read as follows: 232.219 1. The department of administration’s operating fund for3-15
administrative services is hereby created as an internal service fund.3-16
2. The operating budget of each of the following entities must include3-17
an amount representing that entity’s share of the operating costs of the3-18
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)3-27
internal audits; and3-28
(i) If separately established, the motor pool division.3-29
3. All money received for the central accounting services of the3-30
department must be deposited in the state treasury for credit to the3-31
operating fund.3-32
4. All expenses of the central accounting function of the department3-33
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 the3-35
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 and3-37
sections 7 to 15, inclusive, of this act, unless the context otherwise3-38
requires, the words and terms defined in sections 8 and 9 of this act have3-39
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 the3-42
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 public4-3
accountant qualified pursuant to chapter 628 of NRS to practice public4-4
accounting in this state; and4-5
(b) Have at least 5 years of progressively responsible experience in4-6
professional auditing and performing internal audits or postaudits. The4-7
experience must include, without limitation, the performance of audits of4-8
governmental entities or of private business organizations, whether or4-9
not organized for profit.4-10
2. The chief may employ, within the limits of legislative4-11
appropriations, such staff as is necessary to the performance of his4-12
duties.4-13
Sec. 11. 1. The executive branch audit committee is hereby4-14
created.4-15
2. The committee must consist of one member who is a4-16
representative of the general public appointed by the governor, who has4-17
at least 5 years of progressively responsible experience in the field of4-18
auditing and who does not engage in business with any agency, and the4-19
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; and4-25
(f) The attorney general.4-26
3. The member of the committee who is a representative of the4-27
general public is entitled to receive a salary of $80 per day while engaged4-28
in the business of the committee.4-29
4. While engaged in the business of the committee, each member of4-30
the committee is entitled to receive the per diem allowance and travel4-31
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 auditing4-35
agencies presented by the chief pursuant to NRS 353A.045, and any4-36
revisions to such a plan, before the plan is implemented; and4-37
(c) Approve, with or without revision, each annual report submitted by4-38
the chief pursuant to NRS 353A.065.4-39
Sec. 12. 1. Except as otherwise provided in subsection 2, upon the4-40
request of the chief or his authorized representative, all officers and4-41
employees of each executive branch agency shall make available to the4-42
division all books, accounts, claims, reports, vouchers or other records of5-1
information, confidential or otherwise, in the possession or control of the5-2
agency.5-3
2. This section does not authorize the chief or his authorized5-4
representative to have access to any books, accounts, claims, reports,5-5
vouchers or other records or information of any business or activity5-6
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 his5-8
designated representative shall submit a copy of the preliminary findings5-9
and recommendations of the audit to the head of the audited agency.5-10
Within 10 working days after receipt of the preliminary findings and5-11
recommendations, the head of the agency shall submit to the chief a5-12
written statement of acceptance, explanation or rebuttal concerning the5-13
findings. The chief shall include the statement of the head of the agency5-14
in the final report.5-15
2. The chief shall submit a final report to the committee and the5-16
head of the audited agency.5-17
3. Except as otherwise provided in sections 7 to 15, inclusive, of this5-18
act, the chief shall not disclose the content of any audit before the final5-19
report is submitted to the committee pursuant to subsection 2 except in5-20
the case of alleged illegal acts which must be reported immediately upon5-21
discovery.5-22
Sec. 14. Within 6 months after the date that the final report is5-23
submitted pursuant to section 13 of this act, if corrective action is5-24
recommended for an agency, the chief shall determine whether5-25
appropriate corrective actions are being taken and whether those actions5-26
are achieving the desired result. The chief shall inform the committee5-27
and the head of the audited agency of the effect of any corrective actions5-28
taken.5-29
Sec. 15. 1. The chief shall keep or cause to be kept a complete file5-30
of copies of all reports of audits, examinations, investigations and all5-31
other reports or releases issued by him.5-32
2. All working papers from an audit are confidential and may be5-33
destroyed by the chief 5 years after the report is issued, except that the5-34
chief:5-35
(a) Shall release such working papers when subpoenaed by a court of5-36
competent jurisdiction;5-37
(b) Shall make such working papers available to the legislative auditor5-38
upon his request; and5-39
(c) May make such working papers available for inspection by an5-40
authorized representative of any other governmental entity for a matter5-41
officially before him.6-1
Sec. 16. NRS 353A.010 is hereby amended to read as follows: 353A.010 As used in this chapter, unless the context otherwise6-3
requires:6-4
1. "Agency" means every agency, department, division, board,6-5
commission or similar body, or elected officer, of the executive branch of6-6
the state .6-7
6-8
6-9
6-10
6-11
6-12
6-13
6-14
2. "Committee" means the executive branch audit committee created6-15
pursuant to section 11 of this act.6-16
3. "Director" means the director of the department of administration.6-17
6-18
method through which agencies can safeguard assets, check the accuracy6-19
and reliability of their accounting information, promote efficient operations6-20
and encourage adherence to prescribed managerial policies.6-21
Sec. 17. NRS 353A.020 is hereby amended to read as follows: 353A.020 1. The director, in consultation with the6-23
committee and legislative auditor, shall adopt a uniform system of internal6-24
accounting and administrative control for agencies. The elements of the6-25
system must include, without limitation:6-26
(a) A plan of organization which provides for a segregation of duties6-27
appropriate to safeguard the assets of the agency;6-28
(b) A plan which limits access to assets of the agency to persons who6-29
need the assets to perform their assigned duties;6-30
(c) Procedures for authorizations and recordkeeping which effectively6-31
control accounting of assets, liabilities, revenues and expenses;6-32
(d) A system of practices to be followed in the performance of the duties6-33
and functions of each agency; and6-34
(e) An effective system of internal review.6-35
2. The director, in consultation with the6-36
and legislative auditor, may modify the system whenever he considers it6-37
necessary.6-38
3. Each agency shall develop written procedures to carry out the6-39
system of internal accounting and administrative control adopted pursuant6-40
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 6236-43
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: 353A.025 1. The head of each agency shall periodically review the7-8
agency’s system of internal accounting and administrative control to7-9
determine whether it is in compliance with the uniform system of internal7-10
accounting and administrative control for agencies adopted pursuant to7-11
subsection 1 of NRS 353A.020.7-12
2. On or before July 1 of each even-numbered year, the head of each7-13
agency shall report to the director whether the agency’s system of internal7-14
accounting and administrative control is in compliance with the uniform7-15
system adopted pursuant to subsection 1 of NRS 353A.020. The reports7-16
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 6237-19
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: 353A.045 The chief of the7-27
7-28
1. Report to the director.7-29
2. Develop long-term and annual work plans to be based on the results7-30
of periodic documented risk assessments. The annual work plan must:7-31
(a) List the agencies to which the7-32
and assistance;7-33
7-34
7-35
7-36
7-37
(b) Be submitted to the director for approval.7-38
3. Provide a copy of the approved annual work plan to the legislative7-39
auditor.7-40
4. In consultation with the director, prepare a plan for auditing7-41
executive branch agencies for each fiscal year and present the plan to the7-42
committee for its review and approval. Each plan for auditing must:8-1
(a) State the agencies which will be audited, the proposed scope and8-2
assignment of those audits and the related resources which will be used8-3
for those audits; and8-4
(b) Ensure that the internal accounting, administrative controls and8-5
financial management of each agency are reviewed periodically.8-6
5. Perform the audits of the programs and activities of the agencies8-7
in accordance with the plan approved pursuant to subsection 5 of section8-8
11 of this act and prepare audit reports of his findings.8-9
6. Review each agency that is audited pursuant to subsection 5 and8-10
advise those agencies concerning internal accounting, administrative8-11
controls and financial management.8-12
7. Submit to each agency that is audited pursuant to subsection 58-13
analyses, appraisals and recommendations concerning:8-14
(a) The adequacy of the internal accounting and administrative8-15
controls of the agency; and8-16
(b) The efficiency and effectiveness of the management of the agency.8-17
8. Report any possible abuses, illegal actions, errors, omissions and8-18
conflicts of interest of which the division becomes aware during the8-19
performance of an audit.8-20
9. Adopt the standards of the Institute of Internal Auditors for8-21
conducting and reporting on audits.8-22
10. Consult with the legislative auditor concerning the plan for8-23
auditing and the scope of audits to avoid duplication of effort and undue8-24
disruption of the functions of agencies that are audited pursuant to8-25
subsection 5.8-26
Sec. 20. NRS 353A.055 is hereby amended to read as follows: 353A.055 1. The8-28
8-29
(a) Determine the adequacy of the system of internal accounting,8-30
administrative control and financial management of each agency to which8-31
the8-32
(b)8-33
Adopt regulations, approved by the committee, requiring the provision of8-34
training to any employee of an agency who is responsible for administering8-35
budgetary accounts. The training must address:8-36
(1) The laws and regulations of this state and the Federal Government8-37
applicable to the operations of the agency.8-38
(2) Internal accounting, administrative controls and financial8-39
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 of9-2
any training provided to an agency.9-3
(d) Provide technical assistance to agencies in developing and carrying9-4
out their systems of internal accounting, administrative controls and9-5
financial management.9-6
(e) Prepare separate reports for each agency which summarize the9-7
results of the training and assistance provided to the agency.9-8
2. The9-9
shall not:9-10
(a) Provide any services to an agency that is under the direct control or9-11
administration of a constitutional officer unless the constitutional officer9-12
requests such services.9-13
(b) Conduct investigations, but shall refer such matters to the9-14
appropriate agency.9-15
Sec. 21. NRS 353A.065 is hereby amended to read as follows: 353A.065 1. Within 90 days after the end of each fiscal year, the9-17
chief9-18
9-19
which:9-20
(a) Lists the agencies to which the9-21
9-22
9-23
assistance;9-24
(b) Separately lists any other9-25
9-26
and the status of those activities;9-27
(c) Contains a list of the final reports that have been submitted9-28
pursuant to section 13 of this act;9-29
(d) Contains a separate list of any other activities undertaken by the9-30
division that are related to the final reports submitted pursuant to section9-31
13 of this act and the status of those activities; and9-32
(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)9-35
(b) Director;9-36
(c) Interim finance committee; and9-37
(d) Legislative auditor.9-38
Sec. 22. Section 1 of Assembly Bill No. 255 of this session is hereby9-39
amended to read as follows:9-40
Section 1. NRS 353A.025 is hereby amended to read as9-41
follows: 353A.025 1. The head of each agency shall periodically9-43
review the agency’s system of internal accounting and10-1
administrative control to determine whether it is in compliance with10-2
the uniform system of internal accounting and administrative10-3
control for agencies adopted pursuant to subsection 1 of NRS10-4
353A.020.10-5
2. On or before July 1 of each even-numbered year, the head of10-6
each agency shall report to the director whether the agency’s system10-7
of internal accounting and administrative control is in compliance10-8
with the uniform system adopted pursuant to subsection 1 of NRS10-9
353A.020. The reports must be made available for inspection by the10-10
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 chapters10-13
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 and10-18
industry.10-19
(f) The Colorado River Commission.10-20
4. The director shall, on or before the first Monday in10-21
February of each odd-numbered year, submit a report on the10-22
status of internal accounting and administrative controls in10-23
agencies to the:10-24
(a) Director of the legislative counsel bureau for transmittal to10-25
the:10-26
(1) Senate standing committee on finance; and10-27
(2) Assembly standing committee on ways and means;10-28
(b) Governor; and10-29
(c) Legislative auditor.10-30
5. The report submitted by the director pursuant to subsection10-31
4 must include, without limitation:10-32
(a) The identification of each agency that has not complied10-33
with the requirements of subsections 1 and 2;10-34
(b) The identification of each agency that does not have an10-35
effective method for reviewing its system of internal accounting10-36
and administrative control; and10-37
(c) The identification of each agency that has weaknesses in its10-38
system of internal accounting and administrative control, and the10-39
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 fund10-42
to the department of administration for the establishment of the division of10-43
internal audits, including personnel costs, operating costs and expenses11-1
related to travel, information services and the purchase of necessary11-2
equipment, hardware and software:11-3
For the fiscal year 1999-2000 $751,83311-4
For the fiscal year 2000-2001 $1,168,60911-5
2. Any balance of the sums appropriated by subsection 1 remaining at11-6
the end of the respective fiscal years must not be committed for expenditure11-7
after June 30 of the respective fiscal years and reverts to the state general11-8
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 SECTION353A.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 hereby11-14
created within the department of administration.11-15
2. The director shall appoint a chief of the office. The chief is in the11-16
unclassified service of the state and, except as otherwise provided in NRS11-17
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 public11-20
accountant qualified pursuant to chapter 628 of NRS to practice public11-21
accounting in this state; and11-22
(b) Have at least 5 years of progressively responsible professional11-23
auditing experience performing internal audits or postaudits. The auditing11-24
experience must consist of audits of governmental entities or of private11-25
business organizations, whether or not organized for profit.11-26
4. The chief may employ, within the limits of legislative11-27
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.~