ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 5, and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. 1. The Governor may appoint an Advisory Committee on Nevada Homeland Security.
2. If the Governor appoints such a committee:
(a) The Governor shall appoint to the Advisory Committee a number of members that he determines to be appropriate, except that the Advisory Committee must include at least one member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.
(b) Notice of all meetings of the Advisory Committee must be given in the manner required by chapter 241 of NRS and, except as otherwise provided in this paragraph, all meetings of the Advisory Committee must be open to the public. The Advisory Committee may hold a closed meeting or may close a portion of a meeting to:
(1) Receive security briefings; or
(2) Discuss matters related to:
(I) Responding to emergencies;
(II) Mitigating vulnerability to acts of terrorism; or
(III) Deficiencies in security as such deficiencies may pertain to public services, infrastructure or facilities,
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if the Advisory Committee
determines that considering such matters in an open meeting would create a
substantial likelihood of threatening the safety of the general public. The
provisions of this paragraph do not allow the Advisory Committee to hold a
closed meeting or to close a portion of a meeting for the purpose of making
decisions of a financial nature.
3. As used in this section, “act of terrorism” means any act that involves the use or the threatened or attempted use of sabotage, fear or violence and is intended to:
(a) Intimidate or coerce a civilian population;
(b) Disrupt, affect or influence the conduct or policy of a governmental entity by intimidation or coercion; or
(c) Retaliate against a governmental entity or cause widespread panic or civil unrest through the substantial destruction, contamination, impairment or disruption of:
(1) Public infrastructure, communications, transportation, utilities or services; or
(2) Natural resources or the environment.
Sec. 3. 1. On or before February 15 of each year, the Governor shall:
(a) Prepare a report setting forth:
(1) The activities of the Advisory Committee on Nevada Homeland Security created pursuant to section 2 of this act, if the Governor has created such an Advisory Committee;
(2) A detailed description of any matters with respect to which the Advisory Committee held a closed meeting or closed a portion of a meeting, if any, accompanied by an explanation of the reasons why the Advisory Committee determined that the meeting or portion thereof needed to be closed; and
(3) A detailed description of each record or portion of a record determined to be confidential pursuant to section 4 of this act, 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:
(1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or
(2) If the Legislature is not in session, the Legislative Commission.
2. A report prepared or submitted pursuant to subsection 1 and the contents of any such report are confidential and not subject to inspection by the general public.
Sec. 4. 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 contents 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. As used in this section, “act of terrorism” has the meaning ascribed to it in section 2 of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; authorizing the Governor to create an Advisory Committee on Nevada Homeland Security; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; requiring the Governor to prepare an annual report relating to the Advisory Committee and the records determined by the Director to be confidential; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Makes various changes with respect to security of State of Nevada. (BDR 18‑536)”.