2005 Nevada Revised Statutes - Chapter 239C — Homeland Security

CHAPTER 239C - HOMELAND SECURITY

GENERAL PROVISIONS

NRS 239C.010 Legislativedeclaration.

NRS 239C.020 Definitions.

NRS 239C.030 Actof terrorism defined.

NRS 239C.040 Commissiondefined.

NRS 239C.045 Divisiondefined.

NRS 239C.050 Governmentalutility defined.

NRS 239C.060 Informationsystem defined.

NRS 239C.070 Politicalsubdivision defined.

NRS 239C.080 Responseagency defined.

NRS 239C.090 Restricteddocument defined.

NRS 239C.100 Systemof communication defined.

NRS 239C.110 Utilitydefined.

NEVADA COMMISSION ON HOMELAND SECURITY

NRS 239C.120 Creation;appointment of members; terms; designation of officers.

NRS 239C.130 Meetings;quorum.

NRS 239C.140 Meetings:Compliance with Open Meeting Law; exceptions; confidentiality.

NRS 239C.150 Compensationof members.

NRS 239C.160 Duties.

NRS 239C.165 Establishmentof statewide mapping system. [Effective through September 30, 2009.]

NRS 239C.170 Appointmentof committees.

NRS 239C.175 Employmentof staff.

NRS 239C.180 Staffassistance.

NRS 239C.190 Gifts,grants and contributions.

NRS 239C.200 Annualreport of Governor.

CONFIDENTIAL AND RESTRICTED DOCUMENTS

NRS 239C.210 Confidentialityof certain documents, records or other items of information upon declaration ofGovernor; penalties. [Effective through June 30, 2007.]

NRS 239C.220 Inspectionof restricted documents. [Effective through June 30, 2007.]

NRS 239C.230 Custodianof restricted document; log of inspections. [Effective through June 30, 2007.]

NRS 239C.240 Suspiciousor unusual request to inspect restricted document. [Effective through June 30,2007.]

EMERGENCY PLANS

NRS 239C.250 Responseplans of political subdivisions: Confidentiality.

NRS 239C.260 Planfor continuation of state and local governmental operations in event ofcatastrophic emergency.

NRS 239C.270 Vulnerabilityassessment and response plan of utility: Confidentiality; penalties.

RECEIPT OF MONEY BY STATE OR POLITICAL SUBDIVISION FOREMERGENCY READINESS

NRS 239C.300 Submissionof written report to Commission required; approval of local emergency planningcommittee required for certain grants administered by Division.

NRS 239C.310 Adoptionof national system of emergency response.

_________

GENERAL PROVISIONS

NRS 239C.010 Legislativedeclaration. The Legislature hereby finds anddeclares that:

1. The tragic events of September 11, 2001, haverefocused attention on the importance of domestic preparedness for acts ofterrorism and related emergencies.

2. The events of September 11, 2001, not only impactedour homeland, but also the way of life for all Nevadans.

3. More than ever, the Nevada Legislature,representatives of local government, law enforcement and other public safetypersonnel, health care workers and technical service providers must lead thecharge in fighting against these destructive and demoralizing acts of violencewith strong and effective procedural deterrents and enhanced criminalpenalties.

4. While local efforts and plans to respond to acts ofterrorism and related emergencies are comprehensive, additional statewideprovisions are necessary to adequately prepare for acts of cyber-terrorism,environmental catastrophes and other related incidents.

5. As a result of the increased threat of terrorism,the Legislature is compelled to address critical infrastructures, governmentaloversight and continuity, communications, and the protection of importantgovernment documents and plans.

6. It is therefore within the public interest that theLegislature enact provisions to:

(a) Protect sensitive state documents and computersystems from cyber-terrorism;

(b) Secure the States energy, telecommunications andwater infrastructures;

(c) Ensure the continuity of government in the event ofa terrorist attack;

(d) Develop policies providing for effectivecommunication and interoperability among federal, state and local lawenforcement and other first responders;

(e) Provide safeguards in the issuance of governmentidentification; and

(f) Create an effective and comprehensive stateoversight structure to coordinate these and other antiterrorism initiatives.

(Added to NRS by 2003, 2451)

NRS 239C.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS239C.030 to 239C.110, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 2452; A 2005, 1533)

NRS 239C.030 Actof terrorism defined.

1. Act of terrorism means any act that involves theuse or attempted use of sabotage, coercion or violence which is intended to:

(a) Cause great bodily harm or death to the generalpopulation; or

(b) Cause substantial destruction, contamination orimpairment of:

(1) Any building or infrastructure,communications, transportation, utilities or services; or

(2) Any natural resource or the environment.

2. As used in this section, coercion does notinclude an act of civil disobedience.

(Added to NRS by 2003, 2452)

NRS 239C.040 Commissiondefined. Commission means the NevadaCommission on Homeland Security created by NRS239C.120.

(Added to NRS by 2003, 2452)

NRS 239C.045 Divisiondefined. Division means the Division ofEmergency Management of the Department of Public Safety.

(Added to NRS by 2005, 1532)

NRS 239C.050 Governmentalutility defined. Governmental utilitymeans:

1. Any utility that is owned, operated or controlledby this state or an agency or instrumentality of this state, including, withoutlimitation, the Colorado River Commission of Nevada.

2. Any utility that is owned, operated or controlledby any county, city, town, general improvement district, special district orother local governmental entity under the authority of any general law, speciallaw or city charter or any cooperative, interlocal or other agreement.

(Added to NRS by 2003, 2452)

NRS 239C.060 Informationsystem defined. Information system meansany computer equipment, computer software, procedures or technology used tocollect, process, distribute or store information that is related to theprotection of homeland security.

(Added to NRS by 2003, 2452)

NRS 239C.070 Politicalsubdivision defined. Political subdivisionmeans a city or county of this state.

(Added to NRS by 2003, 2452)

NRS 239C.080 Responseagency defined. Response agency means anagency of this state or of a political subdivision that provides servicesrelated to law enforcement, firefighting, emergency medical care or publicsafety, including, without limitation, the Nevada National Guard.

(Added to NRS by 2003, 2452)

NRS 239C.090 Restricteddocument defined. Restricted document meansany blueprint or plan of a school, place of worship, airport other than an internationalairport, gaming establishment, governmental building or any other building orfacility which is likely to be targeted for a terrorist attack.

(Added to NRS by 2003, 2453; A 2005, 1533)

NRS 239C.100 Systemof communication defined. System of communicationincludes, without limitation, any public safety radio system or telecommunicationsystem.

(Added to NRS by 2003, 2453)

NRS 239C.110 Utilitydefined.

1. Utility means any public or private entity that:

(a) Provides water service, electric service or naturalgas service to 500 or more service locations; or

(b) Operates any pipeline that is necessary to providesuch service.

2. The term includes, without limitation:

(a) A governmental utility.

(b) A public utility that is regulated by the PublicUtilities Commission of Nevada pursuant to chapter704 of NRS.

(c) A rural electric cooperative established pursuantto chapter 81 of NRS.

(d) A cooperative association, nonprofit corporation,nonprofit association or provider of electric service which is declared to be apublic utility pursuant to NRS 704.673and which provides service only to its members.

(e) A community water system that is subject to therequirements of 42 U.S.C. 300i-2.

(Added to NRS by 2003, 2453)

NEVADA COMMISSION ON HOMELAND SECURITY

NRS 239C.120 Creation;appointment of members; terms; designation of officers.

1. The Nevada Commission on Homeland Security ishereby created.

2. The Governor shall appoint to the Commission 14voting members that he determines to be appropriate and who serve at hispleasure, which must include at least:

(a) The sheriff of each county whose population is 100,000or more;

(b) The chief of the county fire department in eachcounty whose population is 100,000 or more;

(c) The agent in charge of the office of the FederalBureau of Investigation in this State;

(d) An officer of the United States Department of HomelandSecurity whom the Department of Homeland Security has designated for thisState; and

(e) A member of the medical community in a county whosepopulation is 400,000 or more.

3. The Senate Majority Leader shall appoint one memberof the Senate as a nonvoting member of the Commission.

4. The Speaker of the Assembly shall appoint onemember of the Assembly as a nonvoting member of the Commission.

5. Except for the initial members, the term of officeof each member of the Commission who is a Legislator is 2 years and commenceson July 1 of the year of appointment.

6. The Governor or his designee shall:

(a) Serve as Chairman of the Commission; and

(b) Appoint a member of the Commission to serve as ViceChairman of the Commission.

(Added to NRS by 2003, 2453; A 2005, 1533)

NRS 239C.130 Meetings;quorum.

1. The Commission shall meet at the call of theChairman as frequently as required to perform its duties, but no less thanquarterly.

2. A majority of the voting members of the Commissionconstitutes a quorum for the transaction of business, and a majority of thosevoting members present at any meeting is sufficient for any official actiontaken by the Commission.

(Added to NRS by 2003, 2453)

NRS 239C.140 Meetings:Compliance with Open Meeting Law; exceptions; confidentiality.

1. Except as otherwise provided in subsections 2 and3, the Commission shall comply with the provisions of chapter 241 of NRS and all meetings of the Commissionmust be conducted in accordance with that chapter.

2. The Commission may hold a closed meeting to:

(a) Receive security briefings;

(b) Discuss procedures for responding to acts ofterrorism and related emergencies; or

(c) Discuss deficiencies in security with respect topublic services, public facilities and infrastructure,

if theCommission determines, upon a majority vote of its members, that the publicdisclosure of such matters would be likely to compromise, jeopardize or otherwisethreaten the safety of the public.

3. All information and materials received or preparedby the Commission during a meeting closed pursuant to subsection 2 and allminutes and audiovisual or electronic reproductions of such a meeting areconfidential, not subject to subpoena or discovery, and not subject toinspection by the general public.

(Added to NRS by 2003, 2454)

NRS 239C.150 Compensationof members.

1. Each member of the Commission who is not a publicemployee is entitled to receive compensation of not more than $80 per day, asfixed by the Commission, while engaged in the business of the Commission.

2. A member of the Commission who is a public employeemay not receive any compensation for his services as a member of theCommission. Any member of the Commission who is a public employee must begranted administrative leave from his duties to engage in the business of theCommission without loss of his regular compensation. Such leave does not reducethe amount of the members other accrued leave.

3. Except during a regular or special session of theLegislature, each legislative member of the Commission is entitled to receivethe compensation provided for a majority of the members of the Legislatureduring the first 60 days of the preceding regular session for each day orportion of a day during which he attends a meeting of the Commission or isotherwise engaged in the business of the Commission. The compensation andexpenses of the legislative members of the Commission must be paid from theLegislative Fund.

4. In addition to any compensation received pursuantto this section, while engaged in the business of the Commission, each memberand employee of the Commission is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

(Added to NRS by 2003, 2453)

NRS 239C.160 Duties. The Commission shall, within the limits of availablemoney:

1. Make recommendations to the Governor, theLegislature, agencies of this State, political subdivisions, businesses locatedwithin this State and private persons who reside in this State with respect toactions and measures that may be taken to protect residents of this State andvisitors to this State from potential acts of terrorism and relatedemergencies.

2. Propose goals and programs that may be set andcarried out, respectively, to counteract or prevent potential acts of terrorismand related emergencies before such acts of terrorism and related emergenciescan harm or otherwise threaten residents of this State and visitors to thisState.

3. With respect to buildings, facilities, geographicfeatures and infrastructure that must be protected from acts of terrorism andrelated emergencies to ensure the safety of the residents of this State andvisitors to this State, including, without limitation, airports other thaninternational airports, the Capitol Complex, dams, gaming establishments,governmental buildings, highways, hotels, information technologyinfrastructure, lakes, places of worship, power lines, public buildings, publicutilities, reservoirs, rivers and their tributaries, and water facilities:

(a) Identify and categorize such buildings, facilities,geographic features and infrastructure according to their susceptibility to andneed for protection from acts of terrorism and related emergencies; and

(b) Study and assess the security of such buildings,facilities, geographic features and infrastructure from acts of terrorism andrelated emergencies.

4. Examine the use, deployment and coordination ofresponse agencies within this State to ensure that those agencies areadequately prepared to protect residents of this State and visitors to thisState from acts of terrorism and related emergencies.

5. Assess, examine and review the use of informationsystems and systems of communication used by response agencies within thisState to determine the degree to which such systems are compatible andinteroperable. After conducting the assessment, examination and review, theCommission shall:

(a) Establish a state plan setting forth criteria andstandards for the compatibility and interoperability of those systems when usedby response agencies within this State; and

(b) Advise and make recommendations to the Governorrelative to the compatibility and interoperability of those systems when usedby response agencies within this State, with particular emphasis upon thecompatibility and interoperability of public safety radio systems.

6. Assess, examine and review the operation andefficacy of telephone systems and related systems used to provide emergency 911service.

7. To the extent practicable, cooperate and coordinatewith the Division to avoid duplication of effort in developing policies andprograms for preventing and responding to acts of terrorism and relatedemergencies.

8. Perform any other acts related to their duties setforth in subsections 1 to 7, inclusive, that the Commission determines arenecessary to protect or enhance:

(a) The safety and security of the State of Nevada;

(b) The safety of residents of the State of Nevada; and

(c) The safety of visitors to the State of Nevada.

(Added to NRS by 2003, 2454; A 2005, 931, 1534)

NRS 239C.165 Establishmentof statewide mapping system. [Effective through September 30, 2009.]

1. To the extent money is made available, theCommission shall, after consultation with the State Public Works Board,establish a statewide mapping system for the public buildings in this State foruse by response agencies that are called to respond to an act of terrorism orrelated emergency.

2. The statewide mapping system must include, withoutlimitation:

(a) The type of information that must be includedwithin the software program that comprises the system, including, withoutlimitation, floor plans, fire protection information, building evacuationplans, utility information, known hazards and information on how to contactemergency personnel;

(b) The manner by which the information prescribedpursuant to paragraph (a) must be transferred to the system from the stateagencies and the political subdivisions that participate in the system;

(c) Standards for the software that must be used by thestate agencies and political subdivisions that participate in the system;

(d) Conditions for use of the system by responseagencies;

(e) Guidelines for:

(1) The accessibility and confidentiality ofinformation contained within the system; and

(2) The incorporation, in connection with theuse of the system, of the items described in paragraph (b) of subsection 3;

(f) In accordance with information obtained by theCommission, determine the priority for distribution of any money that may beavailable for the state agencies and political subdivisions to participate inthe system; and

(g) Guidelines recommended by the Commission for thetraining of persons employed by response agencies concerning the use of thesystem.

3. To the extent money is made available, the stateagencies and political subdivisions shall:

(a) Participate in the statewide mapping system; and

(b) Incorporate into their use of the system, withoutlimitation:

(1) Evacuation routes and strategies forevacuation;

(2) Alarms and other signals or means ofnotification;

(3) Plans for sheltering in place; and

(4) Training and strategies for prevention inconnection with attacks involving violence.

If a stateagency or a political subdivision uses its own building mapping system beforethe Commission establishes a statewide mapping system, the state agency orpolitical subdivision may continue to use its system unless money is madeavailable for the state agency or political subdivision to update or modify itssystem as necessary for inclusion in the statewide system.

4. The Commission:

(a) Shall pursue any money that may be available fromthe Federal Government for the development and operation of a statewide mappingsystem for public buildings and for the distribution of grants to the stateagencies and political subdivisions that participate in the system.

(b) May accept gifts, grants and contributions for thedevelopment and operation of a statewide mapping system and for thedistribution of grants to the state agencies and political subdivisions thatparticipate in the system.

5. Each state agency and political subdivision thatparticipates in the system shall, on or before July 1, 2006, and on or beforeJuly 1 of each year thereafter, submit to the Commission a progress reportsetting forth, in accordance with regulations adopted by the Commission, theexperience of the agency or political subdivision, as applicable, with respectto its participation in the system. The Commission shall receive and processsuch progress reports and provide to the Legislative Commission a summarizedoverview of the system on or before October 1, 2006, and on or before October 1of each year thereafter.

6. After the statewide mapping system is establishedpursuant to this section, each state agency and political subdivision thatparticipates in the system shall submit to the Commission any initial or finalplan for a public work.

7. As used in this section, sheltering in placemeans to remain inside a building, room, structure or other location during anemergency when egress may be impossible or when egress may present a moresubstantial risk than remaining inside the building, room, structure or otherlocation, as applicable.

(Added to NRS by 2005, 1004)

NRS 239C.170 Appointmentof committees. The Chairman of the Commissionshall, with the approval of the Commission, appoint a Committee on Finance andany other committees deemed necessary by the Chairman to assist in carrying outthe duties of the Commission. The Chairman of the Commission shall appoint to acommittee the number of voting members or nonvoting members, or both, that hedetermines to be appropriate, except that a committee must include at least onemember of the Commission. At its first meeting and annually thereafter, acommittee shall select a chairman and a vice chairman from the members of thecommittee.

(Added to NRS by 2003, 2455; A 2005, 1535)

NRS 239C.175 Employmentof staff.

1. The Director of the Department of Public Safety mayemploy such persons in the classified service of the State as he determines tobe necessary to carry out the duties of the Commission, including, withoutlimitation, an Executive Assistant to the Commission, a Policy Analyst to theCommission, a Grant Analyst to the Commission and a Specialist in PublicInformation to the Commission.

2. If the Director of the Department of Public Safetyemploys persons pursuant to subsection 1, the salaries for those positions mustbe paid from the State General Fund or from money received as grants from theFederal Government to the extent allowable pursuant to federal law, or both.

(Added to NRS by 2005, 1532)

NRS 239C.180 Staffassistance. The Governor shall provide, inaddition to any persons employed pursuant to NRS 239C.175, such staff assistance tothe Commission as he deems appropriate and may designate a state agency toprovide such assistance.

(Added to NRS by 2003, 2455; A 2005, 1535)

NRS 239C.190 Gifts,grants and contributions. The Commission mayapply for and receive gifts, grants, contributions or other money fromgovernmental and private agencies, affiliated associations and other persons tocarry out the provisions of this chapter and to defray expenses incurred by theCommission in the discharge of its duties.

(Added to NRS by 2003, 2456)

NRS 239C.200 Annualreport of Governor. On or before February 15of each year, the Governor shall:

1. Prepare a report setting forth:

(a) The activities of the Commission; and

(b) A description of any matters with respect to whichthe Commission held a closed meeting or closed a portion of a meeting, if any,accompanied by an explanation of the reasons why the Commission determined thatthe meeting or portion thereof needed to be closed; and

2. Submit a copy of the report to the Director of theLegislative Counsel Bureau for transmittal to:

(a) If the Legislature is in session, the standingcommittees of the Legislature which have jurisdiction of the subject matter; or

(b) If the Legislature is not in session, theLegislative Commission.

(Added to NRS by 2003, 2455)

CONFIDENTIAL AND RESTRICTED DOCUMENTS

NRS 239C.210 Confidentialityof certain documents, records or other items of information upon declaration ofGovernor; penalties. [Effective through June 30, 2007.]

1. A document, record or other item of informationdescribed in subsection 2 that is prepared and maintained for the purpose ofpreventing or responding to an act of terrorism is confidential, not subject tosubpoena or discovery and not subject to inspection by the general public ifthe Governor determines, by executive order, that the disclosure or release ofthe document, record or other item of information would thereby create asubstantial likelihood of compromising, jeopardizing or otherwise threatening thepublic health, safety or welfare.

2. The types of documents, records or other items ofinformation subject to executive order pursuant to subsection 1 are as follows:

(a) Assessments, plans or records that evaluate orreveal the susceptibility of fire stations, police stations and other lawenforcement stations to acts of terrorism or other related emergencies.

(b) Drawings, maps, plans or records that reveal thecritical infrastructure of primary buildings, facilities and other structuresused for storing, transporting or transmitting water or electricity, naturalgas or other forms of energy.

(c) Documents, records or other items of informationwhich may reveal the details of a specific emergency response plan or othertactical operations by a response agency and any training relating to suchemergency response plans or tactical operations.

(d) Handbooks, manuals or other forms of informationdetailing procedures to be followed by response agencies in the event of an actof terrorism or other related emergency.

(e) Documents, records or other items of informationthat reveal information pertaining to specialized equipment used for covert,emergency or tactical operations of a response agency, other than recordsrelating to expenditures for such equipment.

(f) Documents, records or other items of informationregarding the infrastructure and security of frequencies for radiotransmissions used by response agencies, including, without limitation:

(1) Access codes, passwords or programs used toensure the security of frequencies for radio transmissions used by responseagencies;

(2) Procedures and processes used to ensure thesecurity of frequencies for radio transmissions used by response agencies; and

(3) Plans used to reestablish security and servicewith respect to frequencies for radio transmissions used by response agenciesafter security has been breached or service has been interrupted.

3. If a person knowingly and unlawfullydiscloses a document, record or other item of information subject to anexecutive order issued pursuant to subsection 1 or assists, solicits orconspires with another person to disclose such a document, record or other itemof information, the person is guilty of:

(a) A gross misdemeanor; or

(b) A category C felony and shall be punished asprovided in NRS 193.130 if the personacted with the intent to:

(1) Commit, cause, aid, further or conceal, orattempt to commit, cause, aid, further or conceal, any unlawful act involvingterrorism or sabotage; or

(2) Assist, solicit or conspire with anotherperson to commit, cause, aid, further or conceal any unlawful act involvingterrorism or sabotage.

(Added to NRS by 2003, 2456)

NRS 239C.220 Inspectionof restricted documents. [Effective through June 30, 2007.]

1. Unless made confidential by specific statute, arestricted document may be inspected only by a person who provides:

(a) His name;

(b) A copy of his drivers license or otherphotographic identification that is issued by a governmental entity;

(c) The name of his employer, if any;

(d) His citizenship; and

(e) Except as otherwise provided in this paragraph, astatement of the purpose for the inspection. A person is not required toindicate the purpose for inspecting a restricted document if the person is anemployee of any fire-fighting or law enforcement agency.

2. Except as otherwise provided in subsection 3, apublic officer or employee shall observe any person while the person inspects arestricted document in a location and in a manner which ensures that the persondoes not copy, duplicate or reproduce the restricted document in any way.

3. A restricted document may be copied, duplicated orreproduced:

(a) Upon the lawful order of a court of competentjurisdiction;

(b) As is reasonably necessary in the case of an act ofterrorism or other related emergency;

(c) To protect the rights and obligations of agovernmental entity or the public;

(d) Upon the request of a reporter or editorialemployee who is employed by or affiliated with a newspaper, press associationor commercially operated and federally licensed radio or television station andwho uses the restricted document in the course of such employment oraffiliation; or

(e) Upon the request of a registered architect,licensed contractor or a designated employee of any such architect orcontractor who uses the restricted document in his professional capacity.

4. A public officer or employee shall inform anyperson who inspects a restricted document of the provisions of this section.

(Added to NRS by 2003, 2457)

NRS 239C.230 Custodianof restricted document; log of inspections. [Effective through June 30, 2007.]

1. A public officer or employee who is the custodianof a restricted document shall establish a log to record:

(a) The information described in subsection 1 of NRS 239C.220 when a person is allowed toinspect the document; and

(b) The date and time of the inspection.

2. The log is not a public record and may be inspectedonly by:

(a) A representative of a law enforcement agency; or

(b) A reporter or editorial employee who is employed byor affiliated with a newspaper, press association or commercially operated andfederally licensed radio or television station.

(Added to NRS by 2003, 2457)

NRS 239C.240 Suspiciousor unusual request to inspect restricted document. [Effective through June 30,2007.] Nothing in NRS 239C.220 or 239C.230 shall be deemed to prohibit apublic officer or employee from contacting a law enforcement agency to report asuspicious or unusual request to inspect a restricted document.

(Added to NRS by 2003, 2457)

EMERGENCY PLANS

NRS 239C.250 Responseplans of political subdivisions: Confidentiality.

1. Each political subdivision shall adopt and maintaina response plan. Each new or revised plan must be filed within 10 days afteradoption or revision with:

(a) The Division; and

(b) Each response agency that provides services to thepolitical subdivision.

2. The response plan required by subsection 1 mustinclude:

(a) A drawing or map of the layout and boundaries ofthe political subdivision;

(b) A drawing or description of the streets andhighways within, and leading into and out of, the political subdivision, includingany approved routes for evacuation;

(c) The location and inventory of emergency responseequipment and resources within the political subdivision;

(d) The location of any unusually hazardous substanceswithin the political subdivision;

(e) A telephone number that may be used by residents ofthe political subdivision to receive information and to make reports withrespect to an act of terrorism or related emergency;

(f) The location of one or more emergency responsecommand posts that are located within the political subdivision;

(g) A depiction of the location of each police station,sheriffs office and fire station that is located within the politicalsubdivision;

(h) Plans for the continuity of the operations andservices of the political subdivision, which plans must be consistent with theprovisions of NRS 239C.260; and

(i) Any other information that the Commission maydetermine to be relevant.

3. A plan filed pursuant to the requirements of thissection, including any revisions adopted thereto, is confidential and must besecurely maintained by the entities with whom it is filed pursuant tosubsection 1. An officer, employee or other person to whom the plan isentrusted by the entity with whom it is filed shall not disclose the contentsof such a plan except:

(a) Upon the lawful order of a court of competentjurisdiction; or

(b) As is reasonably necessary in the case of an act ofterrorism or related emergency.

(Added to NRS by 2003, 2458; A 2005, 1535)

NRS 239C.260 Planfor continuation of state and local governmental operations in event ofcatastrophic emergency.

1. In accordance with the provisions of Section 37 ofArticle 4 of the Nevada Constitution, the Nevada Legislature hereby establishesa plan for continuation of state and local governmental operations. Theprovisions set forth in this section apply only in, and must be used inaccordance with, the circumstances described in subsection 2.

2. In the event that this state or a portion of thisstate is stricken by a catastrophic emergency of such magnitude that, in theopinion of the Governor or, in the absence of the Governor, the LieutenantGovernor, the existing provisions of the Nevada Constitution and the statutesof this state relating to the filling of vacancies in office are not able toprovide for a sufficiently expedient continuity of government and temporarysuccession of power as a result of vacancies in office created by thecatastrophic emergency, the provisions of subsections 3 to 10, inclusive,apply.

3. If a vacancy occurs in the Office of Governor as aresult of a catastrophic emergency and none of the successors described in NRS 223.080 are able or available to act asGovernor, the Legislature shall elect a person to serve as Governor. If theLegislature is not in session at the time the vacancy occurs, the Legislaturemay call itself into special session to elect a person to serve as Governor.

4. If vacancies occur in more than 15 percent of theseats in either house of the Legislature as a result of a catastrophicemergency:

(a) The remaining Legislators available for dutyconstitute the Legislature and have full power to act in separate or jointassembly by majority vote of those present;

(b) Any requirements for a quorum applicable to theLegislature must initially be suspended and must subsequently be adjusted asvacant offices are filled pursuant to NRS218.043; and

(c) If the affirmative vote of a specified proportionof members of the Legislature is required for the approval of a legislativemeasure, the same proportion of remaining members of the Legislature issufficient for approval of that measure.

5. If vacancies occur in more than 15 percent of thepositions held by justices on the Supreme Court as a result of a catastrophicemergency, the vacancies must be filled by appointment of the Governor.

6. If vacancies occur in more than 15 percent of thepositions held by the district judges in any one judicial district as a resultof a catastrophic emergency, the vacancies must be filled by appointment of theSupreme Court.

7. If vacancies occur on a board of countycommissioners as a result of a catastrophic emergency:

(a) The remaining members of the board available forduty constitute the board and have full power to act by majority vote of thosepresent; and

(b) Any requirements for a quorum applicable to theboard must initially be suspended and must subsequently be adjusted as vacant officesare filled.

If a boardof county commissioners is rendered entirely vacant as a result of acatastrophic emergency, such other elected officers of the county as may beavailable to serve on the board have full authority to act in all matters as a boardof county commissioners.

8. If vacancies occur on a city council as a result ofa catastrophic emergency:

(a) The remaining members of the council available forduty constitute the council and have full power to act by majority vote ofthose present; and

(b) Any requirements for a quorum applicable to thecouncil must initially be suspended and must subsequently be adjusted as vacantoffices are filled.

If a citycouncil is rendered entirely vacant as a result of a catastrophic emergency,such other elected officers of the city as may be available to serve on thecouncil have full authority to act in all matters as a city council.

9. If, during or following a catastrophic emergency, amajority of the members of a legislative body described in this sectiondetermines that, for purposes of safety or to address related concerns, thelegislative body should meet at a location other than the location at which thelegislative body ordinarily meets, the legislative body may arrange to meet atan alternate location.

10. After a catastrophic emergency has taken place,the Governor or, in the absence of the Governor, the Lieutenant Governor,shall:

(a) Determine and announce publicly when conditionshave normalized within this state or the portion thereof affected by thecatastrophic emergency.

(b) In cooperation with the Secretary of State, developprocedures and a reasonable schedule for filling by regular election thevarious offices filled temporarily pursuant to this section.

11. As used in this section, catastrophic emergencymeans an emergency resulting from disasters caused by enemy attack, inaccordance with Section 37 of Article 4 of the Nevada Constitution.

(Added to NRS by 2003, 2458)

NRS 239C.270 Vulnerabilityassessment and response plan of utility: Confidentiality; penalties.

1. Each utility shall:

(a) Conduct a vulnerability assessment in accordancewith the requirements of the federal and regional agencies that regulate theutility; and

(b) Prepare and maintain an emergency response plan inaccordance with the requirements of the federal and regional agencies thatregulate the utility.

2. Each utility shall:

(a) As soon as practicable but not later than December31, 2003, submit its vulnerability assessment and emergency response plan tothe Division; and

(b) At least once each year thereafter, review itsvulnerability assessment and emergency response plan and, as soon aspracticable after its review is completed but not later than December 31 ofeach year, submit the results of its review and any additions or modificationsto its emergency response plan to the Division.

3. Each vulnerability assessment and emergencyresponse plan of a utility and any other information concerning a utility thatis necessary to carry out the provisions of this section is confidential andmust be securely maintained by each person or entity that has possession,custody or control of the information.

4. A person shall not disclose such information,except:

(a) Upon the lawful order of a court of competentjurisdiction;

(b) As is reasonably necessary to carry out theprovisions of this section or the operations of the utility, as determined bythe Division; or

(c) As is reasonably necessary in the case of anemergency involving public health or safety, as determined by the Division.

5. If a person knowingly and unlawfully discloses suchinformation or assists, solicits or conspires with another person to disclosesuch information, the person is guilty of:

(a) A gross misdemeanor; or

(b) A category C felony and shall be punished asprovided in NRS 193.130 if the personacted with the intent to:

(1) Commit, cause, aid, further or conceal, orattempt to commit, cause, aid, further or conceal, any unlawful act involvingterrorism or sabotage; or

(2) Assist, solicit or conspire with anotherperson to commit, cause, aid, further or conceal any unlawful act involvingterrorism or sabotage.

(Added to NRS by 2003, 2460; A 2005, 1536)

RECEIPT OF MONEY BY STATE OR POLITICAL SUBDIVISION FOREMERGENCY READINESS

NRS 239C.300 Submissionof written report to Commission required; approval of local emergency planningcommittee required for certain grants administered by Division.

1. If the State or a political subdivision submits anapplication to and is approved to receive money from the Federal Government,this State, any other state, a local government, any agency or instrumentalityof those governmental entities, or any private entity, to pay for a project orprogram relating to the prevention of, detection of, mitigation of,preparedness for, response to and recovery from acts of terrorism, the State orpolitical subdivision shall, not later than 60 days after receiving suchapproval, submit to the Commission a written report that includes, without limitation:

(a) The total amount of money that the State orpolitical subdivision has been approved to receive for the project or program;

(b) A description of the project or program, unless theState or political subdivision previously submitted a written report pursuantto this section relating to the same project or program; and

(c) The items to be paid for with the money that theState or political subdivision has been approved to receive for the project orprogram.

2. A project or program for which the State or apolitical subdivision is required to report the receipt of money pursuant tosubsection 1 includes, without limitation, a project or program related to:

(a) Homeland security;

(b) Emergency management;

(c) Health or hospitals;

(d) Emergency medical services; and

(e) Chemical, biological, radiological, nuclear,explosive, agricultural or environmental acts of terrorism.

3. Any grant related to terrorism that is administeredby the Division and is provided to a political subdivision must be approved bythe local emergency planning committee.

(Added to NRS by 2005, 1533)

NRS 239C.310 Adoptionof national system of emergency response.

1. The State and each political subdivision shall:

(a) Adopt any national system that is required as acondition to the receipt of money from the Federal Government by the UnitedStates Department of Homeland Security pursuant to federal law in preparationfor, prevention of, detection of, mitigation of, response to and recovery froma domestic incident, including, without limitation, an act of terrorism.

(b) Submit to the Division documentation evidencingthat the State or political subdivision has adopted the national system.

2. The Division shall submit on a quarterly basisdocumentation to the Commission evidencing the compliance of this State andeach political subdivision with the provisions of paragraph (a) of subsection1.

(Added to NRS by 2005, 1533)

 

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