Nrs: Chapter 239C - Homeland Security

Link to law: https://www.leg.state.nv.us/NRS/NRS-239C.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
[Rev. 2/10/2015 4:43:37

PM--2014R2]

CHAPTER 239C - HOMELAND SECURITY

GENERAL PROVISIONS

NRS 239C.010        Legislative

declaration.

NRS 239C.020        Definitions.

NRS 239C.030        “Act

of terrorism” defined.

NRS 239C.040        “Commission”

defined.

NRS 239C.045        “Division”

defined.

NRS 239C.050        “Governmental

utility” defined.

NRS 239C.060        “Information

system” defined.

NRS 239C.065        “Law

enforcement agency” defined.

NRS 239C.070        “Political

subdivision” defined.

NRS 239C.080        “Response

agency” defined.

NRS 239C.090        “Restricted

document” defined.

NRS 239C.100        “System

of communication” defined.

NRS 239C.105        “Tribal

government” defined.

NRS 239C.110        “Utility”

defined.

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

of Commission and appointed committees: Compliance with Open Meeting Law; exceptions;

confidentiality.

NRS 239C.150        Compensation

of members.

NRS 239C.160        Duties.

NRS 239C.170        Appointment

of committees.

NRS 239C.175        Employment

of staff.

NRS 239C.180        Staff

assistance.

NRS 239C.190        Gifts,

grants and contributions.

NRS 239C.200        Annual

report of Governor.

CONFIDENTIAL AND RESTRICTED DOCUMENTS

NRS 239C.210        Confidentiality

of certain documents, records or other items of information upon declaration of

Governor; penalties; decennial review.

NRS 239C.220        Inspection

of restricted documents.

NRS 239C.230        Custodian

of restricted document; log of inspections.

NRS 239C.240        Suspicious

or unusual request to inspect restricted document.

EMERGENCY PLANS

NRS 239C.250        Response

plans of political subdivisions: Confidentiality.

NRS 239C.260        Plan

for continuation of state and local governmental operations in event of

catastrophic emergency.

NRS 239C.270        Vulnerability

assessment and response plan of utility: Confidentiality; penalties.

RECEIPT OF MONEY BY STATE, POLITICAL SUBDIVISION OR TRIBAL

GOVERNMENT FOR EMERGENCY READINESS

NRS 239C.300        Submission

of written report to Commission required.

NRS 239C.310        Adoption

of national system of emergency response; documentation evidencing compliance.

_________

GENERAL PROVISIONS

      NRS 239C.010  Legislative declaration.  The

Legislature hereby finds and declares that:

      1.  The tragic events of September 11,

2001, have refocused attention on the importance of domestic preparedness for

acts of terrorism and related emergencies.

      2.  The events of September 11, 2001, not

only impacted our 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 safety personnel,

health care workers and technical service providers must lead the charge in

fighting against these destructive and demoralizing acts of violence with

strong and effective procedural deterrents and enhanced criminal penalties.

      4.  While local efforts and plans to

respond to acts of terrorism and related emergencies are comprehensive,

additional statewide provisions 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,

governmental oversight and continuity, communications, and the protection of

important government documents and plans.

      6.  It is therefore within the public

interest that the Legislature enact provisions to:

      (a) Protect sensitive state documents and

computer systems from cyber-terrorism;

      (b) Secure the State’s energy, telecommunications

and water infrastructures;

      (c) Ensure the continuity of government in the

event of a terrorist attack;

      (d) Develop policies providing for effective

communication and interoperability among federal, state and local law

enforcement and other first responders;

      (e) Provide safeguards in the issuance of

government identification; and

      (f) Create an effective and comprehensive state

oversight 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 otherwise requires, the words and

terms defined in NRS 239C.030 to 239C.110, inclusive, have the meanings ascribed to

them in those sections.

      (Added to NRS by 2003, 2452; A 2005, 1533; 2007, 2963; 2011, 2880)

      NRS 239C.030  “Act of terrorism” defined.

      1.  “Act of terrorism” means any act that

involves the use or attempted use of sabotage, coercion or violence which is

intended to:

      (a) Cause great bodily harm or death to the

general population; or

      (b) Cause substantial destruction, contamination

or impairment 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 not include an act of civil disobedience.

      (Added to NRS by 2003, 2452)

      NRS 239C.040  “Commission” defined.  “Commission”

means the Nevada Commission on Homeland Security created by NRS 239C.120.

      (Added to NRS by 2003, 2452)

      NRS 239C.045  “Division” defined.  “Division”

means the Division of Emergency Management of the Department of Public Safety.

      (Added to NRS by 2005, 1532)

      NRS 239C.050  “Governmental utility” defined.  “Governmental

utility” means:

      1.  Any utility that is owned, operated or

controlled by this State or an agency or instrumentality of this State,

including, without limitation, the Colorado River Commission of Nevada.

      2.  Any utility that is owned, operated or

controlled by any county, city, town, general improvement district, special

district or other local governmental entity under the authority of any general

law, special law or city charter or any cooperative, interlocal or other

agreement.

      (Added to NRS by 2003, 2452)

      NRS 239C.060  “Information system” defined.  “Information

system” means any computer equipment, computer software, procedures or

technology used to collect, process, distribute or store information that is

related to the protection of homeland security.

      (Added to NRS by 2003, 2452)

      NRS 239C.065  “Law enforcement agency” defined.  “Law

enforcement agency” means:

      1.  The sheriff’s office of a county;

      2.  A metropolitan police department;

      3.  A police department of an incorporated

city; or

      4.  The Department of Public Safety.

      (Added to NRS by 2007, 2962)

      NRS 239C.070  “Political subdivision” defined.  “Political

subdivision” means a city or county of this State.

      (Added to NRS by 2003, 2452)

      NRS 239C.080  “Response agency” defined.  “Response

agency” means an agency of this State or of a political subdivision that

provides services related to law enforcement, firefighting, emergency medical

care or public safety, including, without limitation, the Nevada National

Guard.

      (Added to NRS by 2003, 2452)

      NRS 239C.090  “Restricted document” defined.  “Restricted

document” means any blueprint or plan of a school, place of worship, airport

other than an international airport, gaming establishment, governmental

building or any other building or facility which is likely to be targeted for a

terrorist attack.

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

      NRS 239C.100  “System of communication” defined.  “System

of communication” includes, without limitation, any public safety radio system

or telecommunication system.

      (Added to NRS by 2003, 2453)

      NRS 239C.105  “Tribal government” defined.  “Tribal

government” means a federally recognized American Indian tribe pursuant to 25

C.F.R. §§ 83.1 to 83.13, inclusive.

      (Added to NRS by 2011, 2880)

      NRS 239C.110  “Utility” defined.

      1.  “Utility” means any public or private

entity that:

      (a) Provides water service, electric service or

natural gas service to 500 or more service locations; or

      (b) Operates any pipeline that is necessary to

provide such service.

      2.  The term includes, without limitation:

      (a) A governmental utility.

      (b) A public utility that is regulated by the

Public Utilities Commission of Nevada pursuant to chapter

704 of NRS.

      (c) A rural electric cooperative established

pursuant to chapter 81 of NRS.

      (d) A cooperative association, nonprofit

corporation, nonprofit association or provider of electric service which is

declared to be a public utility pursuant to NRS

704.673 and which provides service only to its members.

      (e) A community water system that is subject to

the requirements 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 is hereby created.

      2.  The Governor shall appoint to the

Commission 16 voting members that the Governor determines to be appropriate and

who serve at the Governor’s pleasure, which must include at least:

      (a) The sheriff of each county whose population

is 100,000 or more.

      (b) The chief of the county fire department in

each county whose population is 100,000 or more.

      (c) A member of the medical community in a county

whose population is 700,000 or more.

      (d) An employee of the largest incorporated city

in each county whose population is 700,000 or more.

      (e) A representative of the broadcaster

community. As used in this paragraph, “broadcaster” has the meaning ascribed to

it in NRS 432.310.

      (f) A representative recommended by the

Inter-Tribal Council of Nevada, Inc., or its successor organization, to

represent tribal governments in Nevada.

      3.  The Governor shall appoint:

      (a) An officer of the United States Department of

Homeland Security whom the Department of Homeland Security has designated for

this State;

      (b) The agent in charge of the office of the

Federal Bureau of Investigation in this State; and

      (c) The Chief of the Division,

Ê as nonvoting

members of the Commission.

      4.  The Senate Majority Leader shall

appoint one member of the Senate as a nonvoting member of the Commission.

      5.  The Speaker of the Assembly shall

appoint one member of the Assembly as a nonvoting member of the Commission.

      6.  The term of office of each member of

the Commission who is a Legislator is 2 years.

      7.  The Governor or his or her designee

shall:

      (a) Serve as Chair of the Commission; and

      (b) Appoint a member of the Commission to serve

as Vice Chair of the Commission.

      (Added to NRS by 2003, 2453; A 2005, 1533; 2007, 2920; 2011, 1154,

2880)

      NRS 239C.130  Meetings; quorum.

      1.  The Commission shall meet at the call

of the Chair as frequently as required to perform its duties, but no less than

quarterly.

      2.  A majority of the voting members of the

Commission constitutes a quorum for the transaction of business, and a majority

of those voting members present at any meeting is sufficient for any official

action taken by the Commission.

      (Added to NRS by 2003, 2453)

      NRS 239C.140  Meetings of Commission and appointed committees: Compliance with

Open Meeting Law; exceptions; confidentiality.

      1.  Except as otherwise provided in

subsections 2 and 3, the Commission and any committee appointed pursuant to NRS 239C.170 shall comply with the provisions of chapter 241 of NRS and shall conduct all

meetings in accordance with that chapter.

      2.  The Commission and, with the prior

approval of the Commission, any committee appointed pursuant to NRS 239C.170 may hold a closed meeting to:

      (a) Receive security briefings;

      (b) Discuss procedures for responding to acts of

terrorism and related emergencies; or

      (c) Discuss deficiencies in security with respect

to public services, public facilities and infrastructure,

Ê if the

Commission or committee determines, upon a majority vote of its members, that

the public disclosure of such matters would be likely to compromise, jeopardize

or otherwise threaten the safety of the public.

      3.  Except as otherwise provided in NRS 239.0115, all information and

materials received or prepared by the Commission or any committee appointed

pursuant to NRS 239C.170 during a meeting closed

pursuant to subsection 2 and all minutes and audiovisual or electronic

reproductions of such a meeting are confidential, not subject to subpoena or

discovery, and not subject to inspection by the general public.

      (Added to NRS by 2003, 2454; A 2007, 2064; 2013, 825)

      NRS 239C.150  Compensation of members.

      1.  Each member of the Commission who is

not a public employee is entitled to receive compensation of not more than $80

per day, as fixed by the Commission, while engaged in the business of the

Commission.

      2.  A member of the Commission who is a

public employee may not receive any compensation for his or her services as a

member of the Commission. Any member of the Commission who is a public employee

must be granted administrative leave from the member’s duties to engage in the

business of the Commission without loss of his or her regular compensation.

Such leave does not reduce the amount of the member’s other accrued leave.

      3.  Except during a regular or special

session of the Legislature, each legislative member of the Commission is

entitled to receive the compensation provided for a majority of the members of

the Legislature during the first 60 days of the preceding regular session for

each day or portion of a day during which the legislative member attends a

meeting of the Commission or is otherwise engaged in the business of the

Commission. The compensation and expenses of the legislative members of the

Commission must be paid from the Legislative Fund.

      4.  In addition to any compensation

received pursuant to this section, while engaged in the business of the

Commission, each member and employee of the Commission is entitled to receive

the per diem allowance and 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 available money:

      1.  Make recommendations to the Governor,

the Legislature, agencies of this State, political subdivisions, tribal

governments, businesses located within this State and private persons who

reside in this State with respect to actions and measures that may be taken to

protect residents of this State and visitors to this State from potential acts

of terrorism and related emergencies.

      2.  Make recommendations to the Governor,

through the Division, on the use of money received by the State from any

homeland security grant or related program, including, without limitation, the

State Homeland Security Grant Program and Urban Area Security Initiative, in

accordance with the following:

      (a) The Division shall provide the Commission

with program guidance and briefings;

      (b) The Commission must be provided briefings on

existing and proposed projects, and shall consider statewide readiness

capabilities and priorities for the use of money, administered by the Division,

from any homeland security grant or related program;

      (c) The Commission shall serve as the public body

which reviews and makes recommendations for the State’s applications to the

Federal Government for homeland security grants or related programs, as

administered by the Division; and

      (d) The Commission shall serve as the public body

which recommends, subject to approval by the Governor, the distribution of

money from any homeland security grant or related program for use by state,

local and tribal government agencies and private sector organizations.

      3.  Propose goals and programs that may be

set and carried out, respectively, to counteract or prevent potential acts of

terrorism and related emergencies before such acts of terrorism and related

emergencies can harm or otherwise threaten residents of this State and visitors

to this State.

      4.  With respect to buildings, facilities,

geographic features and infrastructure that must be protected from acts of

terrorism and related emergencies to ensure the safety of the residents of this

State and visitors to this State, including, without limitation, airports other

than international airports, the Capitol Complex, dams, gaming establishments,

governmental buildings, highways, hotels, information technology

infrastructure, lakes, places of worship, power lines, public buildings, public

utilities, reservoirs, rivers and their tributaries, and water facilities:

      (a) Identify and categorize such buildings,

facilities, geographic features and infrastructure according to their

susceptibility to and need 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 and related emergencies.

      5.  Examine the use, deployment and

coordination of response agencies within this State to ensure that those

agencies are adequately prepared to protect residents of this State and

visitors to this State from acts of terrorism and related emergencies.

      6.  Assess, examine and review the use of

information systems and systems of communication used by response agencies

within this State to determine the degree to which such systems are compatible

and interoperable. After conducting the assessment, examination and review, the

Commission shall:

      (a) Establish a state plan setting forth criteria

and standards for the compatibility and interoperability of those systems when

used by response agencies within this State; and

      (b) Advise and make recommendations to the

Governor relative to the compatibility and interoperability of those systems

when used by response agencies within this State, with particular emphasis upon

the compatibility and interoperability of public safety radio systems.

      7.  Assess, examine and review the

operation and efficacy of telephone systems and related systems used to provide

emergency 911 service.

      8.  To the extent practicable, cooperate

and coordinate with the Division to avoid duplication of effort in developing

policies and programs for preventing and responding to acts of terrorism and

related emergencies.

      9.  Submit an annual briefing to the

Governor assessing the preparedness of the State to counteract, prevent and

respond to potential acts of terrorism and related emergencies, including, but

not limited to, an assessment of response plans and vulnerability assessments

of utilities, public entities and private business in this State. The briefing

must be based on information and documents reasonably available to the

Commission and must be compiled with the advice of the Division after all

utilities, public entities and private businesses assessed have a reasonable

opportunity to review and comment on the Commission’s findings.

      10.  Perform any other acts related to

their duties set forth in subsections 1 to 9, inclusive, that the Commission

determines are necessary 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; 2011, 2881)

      NRS 239C.170  Appointment of committees.

      1.  The Chair of the Commission shall, with

the approval of the Commission, appoint a Committee on Finance and any other

committees deemed necessary by the Chair to assist in carrying out the duties

of the Commission. The Chair of the Commission shall appoint to a committee the

number of voting members or nonvoting members, or both, that the Chair

determines to be appropriate. The Chair may appoint any person the Chair deems

appropriate to serve on a committee, except that a committee must include at

least one member of the Commission. At its first meeting and annually

thereafter, a committee shall select a chair and a vice chair from the members

of the committee.

      2.  If a member of a committee formed

pursuant to subsection 1 is a public employee, the member’s employer must grant

the member administrative leave from his or her duties to serve on the

committee without loss of the member’s regular compensation and without

reducing the amount of any other accrued leave the member may have.

      (Added to NRS by 2003, 2455; A 2005, 1535; 2007, 2921)

      NRS 239C.175  Employment of staff.

      1.  The Director of the Department of

Public Safety may employ such persons in the classified service of the State as

the Director determines to be necessary to carry out the duties of the Commission,

including, without limitation, an Executive Assistant to the Commission, a

Policy Analyst to the Commission, a Grant Analyst to the Commission and a

Specialist in Public Information to the Commission.

      2.  If the Director of the Department of

Public Safety employs persons pursuant to subsection 1, the salaries for those

positions must be paid from the State General Fund or from money received as

grants from the Federal Government to the extent allowable pursuant to federal

law, or both.

      (Added to NRS by 2005, 1532)

      NRS 239C.180  Staff assistance.  The

Governor shall provide, in addition to any persons employed pursuant to NRS 239C.175, such staff assistance to the Commission

as the Governor deems appropriate and may designate a state agency to provide

such assistance.

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

      NRS 239C.190  Gifts, grants and contributions.  The

Commission may apply for and receive gifts, grants, contributions or other

money from governmental and private agencies, affiliated associations and other

persons to carry out the provisions of this chapter and to defray expenses

incurred by the Commission in the discharge of its duties.

      (Added to NRS by 2003, 2456)

      NRS 239C.200  Annual report of Governor.  On

or before February 15 of 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

which the 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

that the meeting or portion thereof needed to be closed; and

      2.  Submit a copy of the report to the

Director of the Legislative Counsel Bureau for transmittal to:

      (a) If the Legislature is in session, the

standing committees of the Legislature which have jurisdiction of the subject

matter; or

      (b) If the Legislature is not in session, the

Legislative Commission.

      (Added to NRS by 2003, 2455)

CONFIDENTIAL AND RESTRICTED DOCUMENTS

      NRS 239C.210  Confidentiality of certain documents, records or other items of

information upon declaration of Governor; penalties; decennial review.

      1.  A document, record or other item of

information described in subsection 2 that is prepared and maintained for the

purpose of preventing or responding to an act of terrorism is confidential, not

subject to subpoena or discovery, not subject to inspection by the general

public and may only be inspected by or released to:

      (a) Public safety and public health personnel;

and

      (b) Except as otherwise provided in this subsection,

the Legislative Auditor conducting a postaudit pursuant to NRS 218G.010 to 218G.555, inclusive,

Ê if the

Governor determines, by executive order, that the disclosure or release of the

document, record or other item of information would thereby create a

substantial likelihood of compromising, jeopardizing or otherwise threatening

the public health, safety or welfare. Any information that is inspected by or

released to the Legislative Auditor pursuant to this subsection is not subject

to the exception from confidentiality set forth in NRS 218G.130. The Legislative Auditor

may confirm that vulnerability assessments have been submitted to or are in the

possession of a state agency that is the subject of a postaudit, but the

assessments must not be inspected by or released to the Legislative Auditor. An

employee of the Audit Division of the Legislative Counsel Bureau who is

conducting a postaudit that includes access to documents or information subject

to the provisions of this section must be properly cleared through federal

criteria or state or local background investigation and instructed, trained or

certified, as applicable, regarding the security sensitivity of the documents

or information.

      2.  The types of documents, records or

other items of information subject to executive order pursuant to subsection 1

are as follows:

      (a) Assessments, plans or records that evaluate

or reveal the susceptibility of fire stations, police stations and other law

enforcement stations to acts of terrorism or other related emergencies.

      (b) Drawings, maps, plans or records that reveal

the critical infrastructure of primary buildings, facilities and other

structures used for storing, transporting or transmitting water or electricity,

natural gas or other forms of energy.

      (c) Documents, records or other items of

information which may reveal the details of a specific emergency response plan

or other tactical operations by a response agency and any training relating to

such emergency response plans or tactical operations.

      (d) Handbooks, manuals or other forms of

information detailing procedures to be followed by response agencies in the

event of an act of terrorism or other related emergency.

      (e) Documents, records or other items of

information that reveal information pertaining to specialized equipment used

for covert, emergency or tactical operations of a response agency, other than

records relating to expenditures for such equipment.

      (f) Documents, records or other items of

information regarding the infrastructure and security of frequencies for radio

transmissions used by response agencies, including, without limitation:

             (1) Access codes, passwords or programs

used to ensure the security of frequencies for radio transmissions used by

response agencies;

             (2) Procedures and processes used to

ensure the security of frequencies for radio transmissions used by response

agencies; and

             (3) Plans used to re-establish security

and service with respect to frequencies for radio transmissions used by

response agencies after security has been breached or service has been

interrupted.

      (g) Vulnerability assessments and emergency

response plans of utilities, public entities and private businesses in this

State. As used in this paragraph, “public entities” means departments, agencies

or instrumentalities of the State, any of its political subdivisions or tribal

governments. The term includes general improvement districts.

      3.  If a person knowingly and unlawfully

discloses a document, record or other item of information subject to an

executive order issued pursuant to subsection 1 or assists, solicits or

conspires with another person to disclose such a document, record or other item

of information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as

provided in NRS 193.130 if the person

acted with the intent to:

             (1) Commit, cause, aid, further or

conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act

involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with

another person to commit, cause, aid, further or conceal any unlawful act

involving terrorism or sabotage.

      4.  The Governor shall review the

documents, records and other items of information determined by executive order

pursuant to subsection 1 to be confidential every 10 years to assess the

continued need for the documents, records and other items of information to

remain confidential.

      5.  As used in this section, “public safety

and public health personnel” includes:

      (a) State, county, city and tribal emergency

managers;

      (b) Members and staff of terrorism early warning

centers or fusion intelligence centers in this State;

      (c) Employees of fire-fighting or law enforcement

agencies, if the head of the agency has designated the employee as having an

operational need to know of information that is prepared or maintained for the

purpose of preventing or responding to an act of terrorism; and

      (d) Employees of a public health agency, if the

agency is one that would respond to a disaster and if the head of the agency

has designated the employee as having an operational need to know of

information that is prepared or maintained for the purpose of preventing or

responding to an act of terrorism. As used in this paragraph, “disaster” has

the meaning ascribed to it in NRS 414.0335.

      (Added to NRS by 2003, 2456; A 2007, 2963, 2965; 2011, 2882)

      NRS 239C.220  Inspection of restricted documents.

      1.  Unless made confidential by specific

statute, a restricted document may be inspected only by a person who provides:

      (a) His or her name;

      (b) A copy of his or her driver’s license or

other photographic identification that is issued by a governmental entity;

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

      (d) His or her citizenship; and

      (e) Except as otherwise provided in this

paragraph, a statement of the purpose for the inspection. A person is not

required to indicate the purpose for inspecting a restricted document if the

person is:

             (1) A state, county or city emergency

manager;

             (2) A member or staff person of a

terrorism early warning center or fusion intelligence center in this State;

             (3) An employee of any fire-fighting or

law enforcement agency, if the head of the agency has designated the employee

as having an operational need to inspect restricted documents; or

            (4) An employee of a public health agency,

if the agency is one that would respond to a disaster and if the head of the

agency has designated the employee as having an operational need to inspect

restricted documents. As used in this subparagraph, “disaster” has the meaning

ascribed to it in NRS 414.0335.

      2.  Except as otherwise provided in

subsection 3, a public officer or employee shall observe any person while the

person inspects a restricted document in a location and in a manner which

ensures that the person does not copy, duplicate or reproduce the restricted

document in any way.

      3.  A restricted document may be copied,

duplicated or reproduced:

      (a) Upon the lawful order of a court of competent

jurisdiction;

      (b) As is reasonably necessary in the case of an

act of terrorism or other related emergency;

      (c) To protect the rights and obligations of a

governmental entity or the public;

      (d) Upon the request of a reporter or editorial

employee who is employed by or affiliated with a newspaper, press association

or commercially operated and federally licensed radio or television station and

who uses the restricted document in the course of such employment or

affiliation; or

      (e) Upon the request of a registered architect,

licensed contractor or a designated employee of any such architect or

contractor who uses the restricted document in his or her professional

capacity.

      4.  A public officer or employee shall

inform any person who inspects a restricted document of the provisions of this

section.

      (Added to NRS by 2003, 2457; A 2007, 2964, 2965)

      NRS 239C.230  Custodian of restricted document; log of inspections.

      1.  A public officer or employee who is the

custodian of 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 to inspect the

document; and

      (b) The date and time of the inspection.

      2.  The log is not a public record and may

be inspected only by:

      (a) A representative of a law enforcement agency;

or

      (b) A reporter or editorial employee who is

employed by or affiliated with a newspaper, press association or commercially

operated and federally licensed radio or television station.

      (Added to NRS by 2003, 2457; A 2007, 2965)

      NRS 239C.240  Suspicious or unusual request to inspect restricted document.  Nothing in NRS

239C.220 or 239C.230 shall be deemed to

prohibit a public officer or employee from contacting a law enforcement agency

to report a suspicious or unusual request to inspect a restricted document.

      (Added to NRS by 2003, 2457; A 2007, 2965)

EMERGENCY PLANS

      NRS 239C.250  Response plans of political subdivisions: Confidentiality.

      1.  Each political subdivision shall adopt

and maintain a response plan. Each new or revised plan must be filed within 10

days after adoption or revision with:

      (a) The Division; and

      (b) Each response agency that provides services

to the political subdivision.

      2.  The response plan required by subsection

1 must include:

      (a) A drawing or map of the layout and boundaries

of the political subdivision;

      (b) A drawing or description of the streets and

highways within, and leading into and out of, the political subdivision,

including any approved routes for evacuation;

      (c) The location and inventory of emergency

response equipment and resources within the political subdivision;

      (d) The location of any unusually hazardous

substances within the political subdivision;

      (e) A telephone number that may be used by

residents of the political subdivision to receive information and to make

reports with respect to an act of terrorism or related emergency;

      (f) The location of one or more emergency

response command posts that are located within the political subdivision;

      (g) A depiction of the location of each police

station, sheriff’s office and fire station that is located within the political

subdivision;

      (h) Plans for the continuity of the operations

and services of the political subdivision, which plans must be consistent with

the provisions of NRS 239C.260; and

      (i) Any other information that the Commission may

determine to be relevant.

      3.  Except as otherwise provided in NRS 239.0115, a plan filed pursuant to

the requirements of this section, including any revisions adopted thereto, is

confidential and must be securely maintained by the entities with whom it is

filed pursuant to subsection 1. An officer, employee or other person to whom

the plan is entrusted by the entity with whom it is filed shall not disclose

the contents of such a plan except:

      (a) Upon the lawful order of a court of competent

jurisdiction;

      (b) As is reasonably necessary in the case of an

act of terrorism or related emergency; or

      (c) Pursuant to the provisions of NRS 239.0115.

      (Added to NRS by 2003, 2458; A 2005, 1535; 2007, 2064)

      NRS 239C.260  Plan for continuation of state and local governmental operations

in event of catastrophic emergency.

      1.  In accordance with the provisions of Section 37 of Article 4 of the

Nevada Constitution, the Nevada Legislature hereby establishes a plan for

continuation of state and local governmental operations. The provisions set

forth in this section apply only in, and must be used in accordance with, the

circumstances described in subsection 2.

      2.  In the event that this State or a

portion of this State is stricken by a catastrophic emergency of such magnitude

that, in the opinion of the Governor or, in the absence of the Governor, the

Lieutenant Governor, the existing provisions of the Nevada Constitution and the

statutes of this State relating to the filling of vacancies in office are not able

to provide for a sufficiently expedient continuity of government and temporary

succession of power as a result of vacancies in office created by the

catastrophic emergency, the provisions of subsections 3 to 11, inclusive,

apply.

      3.  If a vacancy occurs in the Office of

Governor as a result of a catastrophic emergency and none of the successors

described in NRS 223.080 are able or

available to act as Governor, the Legislature shall elect a person to serve as

Governor. If the Legislature is not in session at the time the vacancy occurs,

the  members of the Legislature may convene a special session to elect a person

to serve as Governor.

      4.  If vacancies occur in more than 15

percent of the seats in either house of the Legislature as a result of a

catastrophic emergency:

      (a) The remaining Legislators available for duty

constitute the Legislature and have full power to act in separate or joint

assembly by majority vote of those present;

      (b) Any requirements for a quorum applicable to

the Legislature must initially be suspended and must subsequently be adjusted

as vacant offices are filled pursuant to NRS

218A.260; and

      (c) If the affirmative vote of a specified

proportion of members of the Legislature is required for the approval of a

legislative measure, the same proportion of remaining members of the

Legislature is sufficient for approval of that measure.

      5.  If vacancies occur in more than 15

percent of the positions held by justices on the Supreme Court as a result of a

catastrophic emergency, the vacancies must be filled by appointment of the

Governor.

      6.  If vacancies occur in more than 50

percent of the positions held by judges on the Court of Appeals as a result of

a catastrophic emergency, the vacancies must be filled by appointment of the

Supreme Court.

      7.  If vacancies occur in more than 15

percent of the positions held by the district judges in any one judicial district

as a result of a catastrophic emergency, the vacancies must be filled by

appointment of the Supreme Court.

      8.  If vacancies occur on a board of county

commissioners as a result of a catastrophic emergency:

      (a) The remaining members of the board available

for duty constitute the board and have full power to act by majority vote of

those present; and

      (b) Any requirements for a quorum applicable to

the board must initially be suspended and must subsequently be adjusted as

vacant offices are filled.

Ê If a board

of county commissioners is rendered entirely vacant as a result of a

catastrophic emergency, such other elected officers of the county as may be

available to serve on the board have full authority to act in all matters as a

board of county commissioners.

      9.  If vacancies occur on a city council as

a result of a catastrophic emergency:

      (a) The remaining members of the council

available for duty constitute the council and have full power to act by

majority vote of those present; and

      (b) Any requirements for a quorum applicable to

the council must initially be suspended and must subsequently be adjusted as

vacant offices are filled.

Ê If a city

council 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 the

council have full authority to act in all matters as a city council.

      10.  If, during or following a catastrophic

emergency, a majority of the members of a legislative body described in this

section determines that, for purposes of safety or to address related concerns,

the legislative body should meet at a location other than the location at which

the legislative body ordinarily meets, the legislative body may arrange to meet

at an alternate location.

      11.  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

conditions have normalized within this State or the portion thereof affected by

the catastrophic emergency.

      (b) In cooperation with the Secretary of State,

develop procedures and a reasonable schedule for filling by regular election

the various offices filled temporarily pursuant to this section.

      12.  As used in this section, “catastrophic

emergency” means an emergency resulting from disasters caused by enemy attack,

in accordance with Section 37 of

Article 4 of the Nevada Constitution.

      (Added to NRS by 2003, 2458; A

2013,1769, 3754)

      NRS 239C.270  Vulnerability assessment and response plan of utility:

Confidentiality; penalties.

      1.  Each utility shall:

      (a) Conduct a vulnerability assessment in

accordance with the requirements of the federal and regional agencies that

regulate the utility; and

      (b) Prepare and maintain an emergency response

plan in accordance with the requirements of the federal and regional agencies

that regulate the utility.

      2.  Each utility shall:

      (a) As soon as practicable but not later than

December 31, 2003, submit its vulnerability assessment and emergency response

plan to the Division; and

      (b) At least once each year thereafter, review

its vulnerability assessment and emergency response plan and, as soon as

practicable after its review is completed but not later than December 31 of

each year, submit the results of its review and any additions or modifications

to its emergency response plan to the Division.

      3.  Except as otherwise provided in NRS 239.0115, each vulnerability

assessment and emergency response plan of a utility and any other information

concerning a utility that is necessary to carry out the provisions of this

section is confidential and must be securely maintained by each person or

entity that has possession, custody or control of the information.

      4.  Except as otherwise provided in NRS 239C.210, a person shall not disclose such

information, except:

      (a) Upon the lawful order of a court of competent

jurisdiction;

      (b) As is reasonably necessary to carry out the

provisions of this section or the operations of the utility, as determined by

the Division;

      (c) As is reasonably necessary in the case of an

emergency involving public health or safety, as determined by the Division; or

      (d) Pursuant to the provisions of NRS 239.0115.

      5.  If a person knowingly and unlawfully

discloses such information or assists, solicits or conspires with another

person to disclose such information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as

provided in NRS 193.130 if the person

acted with the intent to:

             (1) Commit, cause, aid, further or

conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act

involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with

another person to commit, cause, aid, further or conceal any unlawful act

involving terrorism or sabotage.

      (Added to NRS by 2003, 2460; A 2005, 1536; 2007, 2065; 2011, 2884)

RECEIPT OF MONEY BY STATE, POLITICAL SUBDIVISION OR TRIBAL

GOVERNMENT FOR EMERGENCY READINESS

      NRS 239C.300  Submission of written report to Commission required.

      1.  If the State, a political subdivision

or a tribal government submits an application to and is approved to receive

money from the Federal Government, this State, any other state, a local

government, any agency or instrumentality of those governmental entities, or

any private entity, to pay for a project or program relating to the prevention

of, detection of, mitigation of, preparedness for, response to and recovery

from acts of terrorism, the State, political subdivision or tribal government

shall, not later than 60 days after receiving such approval, submit to the

Commission a written report that includes, without limitation:

      (a) The total amount of money that the State,

political subdivision or tribal government has been approved to receive for the

project or program;

      (b) A description of the project or program,

unless the State, political subdivision or tribal government previously

submitted a written report pursuant to this section relating to the same

project or program; and

      (c) The items to be paid for with the money that

the State, political subdivision or tribal government has been approved to

receive for the project or program.

      2.  A project or program for which the

State, a political subdivision or a tribal government is required to report the

receipt of money pursuant to subsection 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.

      (Added to NRS by 2005, 1533; A 2011, 2885)

      NRS 239C.310  Adoption of national system of emergency response; documentation

evidencing compliance.

      1.  The State and each political

subdivision and tribal government shall:

      (a) Adopt any national system that is required as

a condition to the receipt of money from the Federal Government by the United

States Department of Homeland Security pursuant to federal law in preparation

for, prevention of, detection of, mitigation of, response to and recovery from

a domestic incident, including, without limitation, an act of terrorism.

      (b) Submit to the Division documentation

evidencing that the State, political subdivision or tribal government has

adopted the national system.

      2.  The Division shall submit on a

quarterly basis documentation to the Commission evidencing the compliance of

this State and each political subdivision and tribal government with the

provisions of paragraph (a) of subsection 1.

      (Added to NRS by 2005, 1533; A 2011, 2885)