[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)
