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SYNOPSIS: AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers' licenses and identification cards; making an appropriation; providing penalties; and providing other matters properly relating thereto.
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[*2] Sec. 2. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT:
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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;

(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.

[*3] Sec. 3. (Deleted by amendment.)

[*4] Sec. 4 AS USED IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES, THE WORDS AND TERMS DEFINED IN SECTIONS 5 TO
11, INCLUSIVE, OF THIS ACT HAVE THE MEANINGS ASCRIBED TO THEM IN THOSE SECTIONS.

[*5] Sec. 5. 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.

[*6] Sec. 6. "COMMISSION" MEANS THE NEVADA COMMISSION ON HOMELAND SECURITY CREATED BY SECTION 12 OF THIS ACT.

[*7] Sec. 7. "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.

[*8] Sec. 8. "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.

[*9] Sec. 9. "POLITICAL SUBDIVISION" MEANS A CITY OR COUNTY OF THIS STATE.

[*10] Sec. 10. "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.

[*10x3] Sec. 10.3. "RESTRICTED DOCUMENT" MEANS ANY BLUEPRINT OR PLAN OF A SCHOOL, PLACE OF WORSHIP, AIRPORT, GAMING ESTABLISHMENT, GOVERNMENTAL BUILDING OR ANY OTHER BUILDING OR FACILITY WHICH IS LIKELY TO BE TARGETED FOR A TERRORIST ATTACK.
[*10x7] Sec. 10.7.

"SYSTEM OF COMMUNICATION" INCLUDES, WITHOUT LIMITATION, ANY PUBLIC SAFETY RADIO SYSTEM OR TELECOMMUNICATION SYSTEM.

[*11] Sec. 11. 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.

(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. SECTION 300I-2.

[*12] Sec. 12. 1. THE NEVADA COMMISSION ON HOMELAND SECURITY, CONSISTING OF THE MEMBERS APPOINTED PURSUANT TO THIS
SECTION, IS HEREBY CREATED.

2. THE GOVERNOR SHALL APPOINT TO THE COMMISSION A NUMBER OF MEMBERS THAT HE DETERMINES TO BE APPROPRIATE, EXCEPT THAT THE
COMMISSION MUST INCLUDE AT LEAST:

… [a member of a Nevada law enforcement agency, another member who is not employed or associated with the field of law enforcement, a nonvoting member appointed by the senate majority leader, a nonvoting member appointed by the speaker of the assembly. The governor or his designee shall serve as chairman of the commission and appoint a member to serve as vice chairman]…

[*14] Sec. 14. 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.

[…]
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, 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.

[*17] Sec. 17. [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, 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 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.

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 OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF
PUBLIC SAFETY 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

[*17x5] Sec. 17.5. [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]
[…]

[*18] Sec. 18. [THE CHAIRMAN OF THE COMMISSION MAY, WITH THE APPROVAL OF THE COMMISSION, APPOINT COMMITTEES FROM ITS MEMBERS TO ASSIST IN CARRYING OUT THE DUTIES OF THE COMMISSION.]

[*19] Sec. 19. [THE GOVERNOR SHALL PROVIDE SUCH STAFF ASSISTANCE TO THE COMMISSION AS HE DEEMS APPROPRIATE AND MAY DESIGNATE A STATE AGENCY TO PROVIDE SUCH ASSISTANCE.]

[*20] Sec. 20. [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.]

[*21] Sec. 21. [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. <A]

[*22] Sec. 22. [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 LICENSE 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.]

[A> 4. A PUBLIC OFFICER OR EMPLOYEE SHALL INFORM ANY PERSON WHO INSPECTS A RESTRICTED DOCUMENT OF THE PROVISIONS OF THIS SECTION.]

[*23] Sec. 23. [A> 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 SECTION 22 OF THIS ACT 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.]

[*24] Sec. 24. [NOTHING IN SECTION 22 OR 23 OF THIS ACT 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.]

[*25] Sec. 25. [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 OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY; 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;

(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 SECTION 26 OF THIS ACT; 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.
[…]
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.

[*27] Sec. 27. 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 OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY; 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 OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY.

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 OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY; OR

C) AS IS REASONABLY NECESSARY IN THE CASE OF AN EMERGENCY INVOLVING PUBLIC HEALTH OR SAFETY, AS DETERMINED BY THE DIVISION
OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY.

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.

[*27x5] Sec. 27.5. Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:

1. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 3, RECORDS AND PORTIONS OF RECORDS THAT ARE ASSEMBLED, MAINTAINED,
OVERSEEN OR PREPARED BY THE DEPARTMENT TO MITIGATE, PREVENT OR RESPOND TO ACTS OF TERRORISM, THE PUBLIC DISCLOSURE OF WHICH WOULD, IN THE DETERMINATION OF THE DIRECTOR, CREATE A SUBSTANTIAL LIKELIHOOD OF THREATENING THE SAFETY OF THE GENERAL PUBLIC ARE CONFIDENTIAL AND NOT SUBJECT TO INSPECTION BY THE GENERAL PUBLIC TO THE EXTENT THAT SUCH RECORDS AND PORTIONS OF RECORDS
CONSIST OF OR INCLUDE:

(A) INFORMATION REGARDING THE INFRASTRUCTURE AND SECURITY OF INFORMATION SYSTEMS, INCLUDING, WITHOUT LIMITATION:

(1) ACCESS CODES, PASSWORDS AND PROGRAMS USED TO ENSURE THE SECURITY OF AN INFORMATION SYSTEM;

(2) ACCESS CODES USED TO ENSURE THE SECURITY OF SOFTWARE APPLICATIONS;

(3) PROCEDURES AND PROCESSES USED TO ENSURE THE SECURITY OF AN INFORMATION SYSTEM; AND

(4) PLANS USED TO REESTABLISH SECURITY AND SERVICE WITH RESPECT TO AN INFORMATION SYSTEM AFTER SECURITY HAS BEEN
BREACHED OR SERVICE HAS BEEN INTERRUPTED.

(B) ASSESSMENTS AND PLANS THAT RELATE SPECIFICALLY AND UNIQUELY TO THE VULNERABILITY OF AN INFORMATION SYSTEM OR TO THE
MEASURES WHICH WILL BE TAKEN TO RESPOND TO SUCH VULNERABILITY, INCLUDING, WITHOUT LIMITATION, ANY COMPILED UNDERLYING DATA
NECESSARY TO PREPARE SUCH ASSESSMENTS AND PLANS.

(C) THE RESULTS OF TESTS OF THE SECURITY OF AN INFORMATION SYSTEM, INSOFAR AS THOSE RESULTS REVEAL SPECIFIC VULNERABILITIES
RELATIVE TO THE INFORMATION SYSTEM.

2. THE DIRECTOR SHALL MAINTAIN OR CAUSE TO BE MAINTAINED A LIST OF EACH RECORD OR PORTION OF A RECORD THAT THE DIRECTOR HAS DETERMINED TO BE CONFIDENTIAL PURSUANT TO SUBSECTION 1. THE LIST DESCRIBED IN THIS SUBSECTION MUST BE PREPARED AND MAINTAINED SO AS TO RECOGNIZE THE EXISTENCE OF EACH SUCH RECORD OR PORTION OF A RECORD WITHOUT REVEALING THE CONTENT THEREOF.

3. AT LEAST ONCE EACH BIENNIUM, THE DIRECTOR SHALL REVIEW THE LIST DESCRIBED IN SUBSECTION 2 AND SHALL, WITH RESPECT TO EACH RECORD OR PORTION OF A RECORD THAT THE DIRECTOR HAS DETERMINED TO BE CONFIDENTIAL PURSUANT TO SUBSECTION 1:

(A) DETERMINE THAT THE RECORD OR PORTION OF A RECORD REMAINS CONFIDENTIAL IN ACCORDANCE WITH THE CRITERIA SET FORTH IN
SUBSECTION 1;

(B) DETERMINE THAT THE RECORD OR PORTION OF A RECORD IS NO LONGER CONFIDENTIAL IN ACCORDANCE WITH THE CRITERIA SET FORTH
IN SUBSECTION 1; OR]

(C) IF THE DIRECTOR DETERMINES THAT THE RECORD OR PORTION OF A RECORD IS OBSOLETE, CAUSE THE RECORD OR PORTION OF A RECORD TO BE DISPOSED OF IN THE MANNER DESCRIBED IN NRS 239.073 TO 239.125, INCLUSIVE.

4. ON OR BEFORE FEBRUARY 15 OF EACH YEAR, THE DIRECTOR SHALL:
(A) PREPARE A REPORT SETTING FORTH A DETAILED DESCRIPTION OF EACH RECORD OR PORTION OF A RECORD DETERMINED TO BE CONFIDENTIAL PURSUANT TO THIS SECTION, IF ANY, ACCOMPANIED BY AN EXPLANATION OF WHY EACH SUCH RECORD OR PORTION OF A RECORD WAS DETERMINED TO BE CONFIDENTIAL; AND

(B) SUBMIT A COPY OF THE REPORT TO THE DIRECTOR OF THE LEGISLATIVE COUNSEL BUREAU FOR TRANSMITTAL TO: […]