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 )
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 )
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 )
“Commission” means the Nevada
Commission on Homeland Security created by NRS 239C.120 .
(Added to NRS by 2003, 2452 )
“Division” means the Division of
Emergency Management of the Department of Public Safety.
(Added to NRS by 2005, 1532 )
“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 )
“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 )
“Political
subdivision” means a city or county of this state.
(Added to NRS by 2003, 2452 )
“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 )
“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 )
“System of
communication” includes, without limitation, any public safety radio
system or telecommunication system.
(Added to NRS by 2003, 2453 )
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
1. The Nevada Commission on Homeland Security is hereby created.
2. The Governor shall appoint to the Commission 14 voting members
that he determines to be appropriate and who serve at his 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) The agent in charge of the office of the Federal Bureau of
Investigation in this State;
(d) An officer of the United States Department of Homeland Security
whom the Department of Homeland Security has designated for this State;
and
(e) A member of the medical community in a county whose population
is 400,000 or more.
3. The Senate Majority Leader shall appoint one member of the
Senate as a nonvoting member of the Commission.
4. The Speaker of the Assembly shall appoint one member of the
Assembly as a nonvoting member of the Commission.
5. Except for the initial members, the term of office of each
member of the Commission who is a Legislator is 2 years and commences on
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 Vice Chairman of
the Commission.
(Added to NRS by 2003, 2453 ; A 2005, 1533 )
1. The Commission shall meet at the call of the Chairman 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 )
1. Except as otherwise provided in subsections 2 and 3, the
Commission shall comply with the provisions of chapter 241 of NRS and all meetings of the Commission must 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 of terrorism and
related emergencies; or
(c) Discuss deficiencies in security with respect to public
services, public facilities and infrastructure,
Ê if the Commission 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. All information and materials received or prepared by the
Commission 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 )
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 services as a member of the Commission.
Any member of the Commission who is a public employee must be granted
administrative leave from his duties to engage in the business of the
Commission without loss of his 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 he 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 )
The Commission shall, within the limits of
available money:
1. Make recommendations to the Governor, the Legislature, agencies
of this State, political subdivisions, 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. 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.
3. 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.
4. 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.
5. 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.
6. Assess, examine and review the operation and efficacy of
telephone systems and related systems used to provide emergency 911
service.
7. 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.
8. Perform any other acts related to their duties set forth in
subsections 1 to 7, 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 )
[Effective
through September 30, 2009.]
1. To the extent money is made available, the Commission shall,
after consultation with the State Public Works Board, establish a
statewide mapping system for the public buildings in this State for use
by response agencies that are called to respond to an act of terrorism or
related emergency.
2. The statewide mapping system must include, without limitation:
(a) The type of information that must be included within the
software program that comprises the system, including, without
limitation, floor plans, fire protection information, building evacuation
plans, utility information, known hazards and information on how to
contact emergency personnel;
(b) The manner by which the information prescribed pursuant to
paragraph (a) must be transferred to the system from the state agencies
and the political subdivisions that participate in the system;
(c) Standards for the software that must be used by the state
agencies and political subdivisions that participate in the system;
(d) Conditions for use of the system by response agencies;
(e) Guidelines for:
(1) The accessibility and confidentiality of information
contained within the system; and
(2) The incorporation, in connection with the use of the
system, of the items described in paragraph (b) of subsection 3;
(f) In accordance with information obtained by the Commission,
determine the priority for distribution of any money that may be
available for the state agencies and political subdivisions to
participate in the system; and
(g) Guidelines recommended by the Commission for the training of
persons employed by response agencies concerning the use of the system.
3. To the extent money is made available, the state agencies and
political subdivisions shall:
(a) Participate in the statewide mapping system; and
(b) Incorporate into their use of the system, without limitation:
(1) Evacuation routes and strategies for evacuation;
(2) Alarms and other signals or means of notification;
(3) Plans for sheltering in place; and
(4) Training and strategies for prevention in connection
with attacks involving violence.
Ê If a state agency or a political subdivision uses its own building
mapping system before the Commission establishes a statewide mapping
system, the state agency or political subdivision may continue to use its
system unless money is made available for the state agency or political
subdivision to update or modify its system as necessary for inclusion in
the statewide system.
4. The Commission:
(a) Shall pursue any money that may be available from the Federal
Government for the development and operation of a statewide mapping
system for public buildings and for the distribution of grants to the
state agencies and political subdivisions that participate in the system.
(b) May accept gifts, grants and contributions for the development
and operation of a statewide mapping system and for the distribution of
grants to the state agencies and political subdivisions that participate
in the system.
5. Each state agency and political subdivision that participates
in the system shall, on or before July 1, 2006, and on or before July 1
of each year thereafter, submit to the Commission a progress report
setting forth, in accordance with regulations adopted by the Commission,
the experience of the agency or political subdivision, as applicable,
with respect to its participation in the system. The Commission shall
receive and process such progress reports and provide to the Legislative
Commission a summarized overview of the system on or before October 1,
2006, and on or before October 1 of each year thereafter.
6. After the statewide mapping system is established pursuant to
this section, each state agency and political subdivision that
participates in the system shall submit to the Commission any initial or
final plan for a public work.
7. As used in this section, “sheltering in place” means to remain
inside a building, room, structure or other location during an emergency
when egress may be impossible or when egress may present a more
substantial risk than remaining inside the building, room, structure or
other location, as applicable.
(Added to NRS by 2005, 1004 )
The Chairman of the
Commission shall, with the approval of the Commission, appoint a
Committee on Finance and any other committees deemed necessary by the
Chairman to assist in carrying out the duties of the Commission. The
Chairman of the Commission shall appoint to a committee the number of
voting members or nonvoting members, or both, that he determines to be
appropriate, 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 chairman and a vice chairman from the members of the
committee.
(Added to NRS by 2003, 2455 ; A 2005, 1535 )
1. The Director of the Department of Public Safety may employ such
persons in the classified service of the State as he 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 )
The Governor shall provide, in
addition to any persons employed pursuant to NRS 239C.175 , such staff assistance to the Commission as
he deems appropriate and may designate a state agency to provide such
assistance.
(Added to NRS by 2003, 2455 ; A 2005, 1535 )
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 )
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
[Effective through June 30, 2007.]
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 and not subject to inspection by the
general public 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.
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 reestablish security and service with
respect to frequencies for radio transmissions used by response agencies
after security has been breached or service has been interrupted.
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.
(Added to NRS by 2003, 2456 )
[Effective
through June 30, 2007.]
1. Unless made confidential by specific statute, a restricted
document may be inspected only by a person who provides:
(a) His name;
(b) A copy of his driver’s license or other photographic
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, 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 an employee
of any fire-fighting or law enforcement agency.
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 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 )
[Effective through June 30, 2007.]
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 )
[Effective through June 30, 2007.] 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 )
EMERGENCY PLANS
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. 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; or
(b) As is reasonably necessary in the case of an act of terrorism
or related emergency.
(Added to NRS by 2003, 2458 ; A 2005, 1535 )
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 10, 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
Legislature may call itself into 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 218.043 ; 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 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.
7. 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.
8. 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.
9. 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.
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 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.
11. 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 )
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. 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. 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;
or
(c) As is reasonably necessary in the case of an emergency
involving public health or safety, as determined by the Division.
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 )
RECEIPT OF MONEY BY STATE OR POLITICAL SUBDIVISION FOR EMERGENCY READINESS
1. If the State or a political subdivision 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 or political subdivision 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 or political
subdivision has been approved to receive for the project or program;
(b) A description of the project or program, unless the State or
political subdivision 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 or
political subdivision has been approved to receive for the project or
program.
2. A project or program for which the State or a political
subdivision 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.
3. Any grant related to terrorism that is administered by the
Division and is provided to a political subdivision must be approved by
the local emergency planning committee.
(Added to NRS by 2005, 1533 )
1. The State and each political subdivision 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
or political subdivision 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 with the provisions of paragraph (a) of subsection 1.
(Added to NRS by 2005, 1533 )
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