Senate Bill No. 175–Committee on Government Affairs

 

(On Behalf of the Department of
Information Technology)

 

February 20, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes with respect to security of State of Nevada. (BDR 18‑536)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 223 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  The Governor may appoint an Advisory

1-4  Committee on Nevada Homeland Security.

1-5  2.  If the Governor appoints such a committee:

1-6  (a) The Governor shall appoint to the Advisory Committee a

1-7  number of members that he determines to be appropriate, except

1-8  that the Advisory Committee must include at least one member

1-9  who is not employed in the field of law enforcement and is not

1-10  otherwise affiliated with the field of law enforcement.

2-1  (b) Notice of all meetings of the Advisory Committee must be

2-2  given in the manner required by chapter 241 of NRS and, except

2-3  as otherwise provided in this paragraph, all meetings of the

2-4  Advisory Committee must be open to the public. The Advisory

2-5  Committee may hold a closed meeting or may close a portion of a

2-6  meeting to:

2-7       (1) Receive security briefings; or

2-8       (2) Discuss matters related to:

2-9           (I) Responding to emergencies;

2-10                 (II) Mitigating vulnerability to acts of terrorism; or

2-11                 (III) Deficiencies in security as such deficiencies may

2-12  pertain to public services, infrastructure or facilities,

2-13  if the Advisory Committee determines that considering such

2-14  matters in an open meeting would create a substantial likelihood

2-15  of threatening the safety of the general public. The provisions of

2-16  this paragraph do not allow the Advisory Committee to hold a

2-17  closed meeting or to close a portion of a meeting for the purpose

2-18  of making decisions of a financial nature.

2-19      3.  As used in this section, “act of terrorism” means any act

2-20  that involves the use or attempted use of sabotage, coercion or

2-21  violence which is intended to:

2-22      (a) Cause great bodily harm or death to the general

2-23  population; or

2-24      (b) Cause substantial destruction, contamination or

2-25  impairment of:

2-26          (1) Any building or infrastructure, communications,

2-27  transportation, utilities or services; or

2-28          (2) Any natural resource or the environment.

2-29  As used in this subsection, “coercion” does not include an act of

2-30  civil disobedience.

2-31      Sec. 3.  1.  On or before February 15 of each year, the

2-32  Governor shall:

2-33      (a) Prepare a report setting forth:

2-34          (1) The activities of the Advisory Committee on Nevada

2-35  Homeland Security created pursuant to section 2 of this act, if the

2-36  Governor has created such an Advisory Committee;

2-37          (2) A detailed description of any matters with respect to

2-38  which the Advisory Committee held a closed meeting or closed a

2-39  portion of a meeting, if any, accompanied by an explanation of the

2-40  reasons why the Advisory Committee determined that the meeting

2-41  or portion thereof needed to be closed; and

2-42          (3) A detailed description of each record or portion of a

2-43  record determined to be confidential pursuant to section 4 of this

2-44  act, if any, accompanied by an explanation of why each such

3-1  record or portion of a record was determined to be confidential;

3-2  and

3-3  (b) Submit a copy of the report to the Director of the

3-4  Legislative Counsel Bureau for transmittal to:

3-5       (1) If the Legislature is in session, the standing committees

3-6  of the Legislature which have jurisdiction of the subject matter; or

3-7       (2) If the Legislature is not in session, the Legislative

3-8  Commission.

3-9  2.  A report prepared or submitted pursuant to subsection 1

3-10  and the contents of any such report are confidential and not

3-11  subject to inspection by the general public.

3-12      Sec. 4.  Chapter 242 of NRS is hereby amended by adding

3-13  thereto a new section to read as follows:

3-14      1.  Except as otherwise provided in subsection 3, records and

3-15  portions of records that are assembled, maintained, overseen or

3-16  prepared by the Department to mitigate, prevent or respond to acts

3-17  of terrorism, the public disclosure of which would, in the

3-18  determination of the Director, create a substantial likelihood of

3-19  threatening the safety of the general public are confidential and

3-20  not subject to inspection by the general public to the extent that

3-21  such records and portions of records consist of or include:

3-22      (a) Information regarding the infrastructure and security of

3-23  information systems, including, without limitation:

3-24          (1) Access codes, passwords and programs used to ensure

3-25  the security of an information system;

3-26          (2) Access codes used to ensure the security of software

3-27  applications;

3-28          (3) Procedures and processes used to ensure the security of

3-29  an information system; and

3-30          (4) Plans used to reestablish security and service with

3-31  respect to an information system after security has been breached

3-32  or service has been interrupted.

3-33      (b) Assessments and plans that relate specifically and uniquely

3-34  to the vulnerability of an information system or to the measures

3-35  which will be taken to respond to such vulnerability, including,

3-36  without limitation, any compiled underlying data necessary to

3-37  prepare such assessments and plans.

3-38      (c) The results of tests of the security of an information system,

3-39  insofar as those results reveal specific vulnerabilities relative to

3-40  the information system.

3-41      2.  The Director shall maintain or cause to be maintained a

3-42  list of each record or portion of a record that the Director has

3-43  determined to be confidential pursuant to subsection 1. The list

3-44  described in this subsection must be prepared and maintained so

4-1  as to recognize the existence of each such record or portion of a

4-2  record without revealing the contents thereof.

4-3  3.  At least once each biennium, the Director shall review the

4-4  list described in subsection 2 and shall, with respect to each record

4-5  or portion of a record that the Director has determined to be

4-6  confidential pursuant to subsection 1:

4-7  (a) Determine that the record or portion of a record remains

4-8  confidential in accordance with the criteria set forth in

4-9  subsection 1;

4-10      (b) Determine that the record or portion of a record is no

4-11  longer confidential in accordance with the criteria set forth in

4-12  subsection 1; or

4-13      (c) If the Director determines that the record or portion of a

4-14  record is obsolete, cause the record or portion of a record to be

4-15  disposed of in the manner described in NRS 239.073 to 239.125,

4-16  inclusive.

4-17      4.  As used in this section, “act of terrorism” has the meaning

4-18  ascribed to it in section 2 of this act.

4-19      Sec. 5.  This act becomes effective upon passage and approval.

 

4-20  H