2005 Nevada Revised Statutes - Chapter 205A — Advisory Board for Nevada Task Force for Technological Crime

CHAPTER 205A - ADVISORY BOARD FOR NEVADATASK FORCE FOR TECHNOLOGICAL CRIME

NRS 205A.010 Definitions.

NRS 205A.020 Boarddefined.

NRS 205A.030 Technologicalcrime defined.

NRS 205A.040 Creation;membership; terms of members; election of Chairman and Vice Chairman;vacancies; members serve without compensation; members holding public office oremployed by governmental entity.

NRS 205A.050 Meetings;designation of representative; quorum; effect of membership upon holding publicoffice or public employment.

NRS 205A.060 Generalduties of Board.

NRS 205A.070 ExecutiveDirector: Appointment; Board to establish qualifications, powers and duties.

NRS 205A.080 Appointmentof full-time secretary.

NRS 205A.090 Accountfor Advisory Board for Nevada Task Force for Technological Crime: Creation;use.

NRS 205A.100 Gifts,grants, appropriations or donations; deposit of money in designated Account.

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NRS 205A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS205A.020 and 205A.030 have themeanings ascribed to them in those sections.

(Added to NRS by 1999, 2700)

NRS 205A.020 Boarddefined. Board means the Advisory Board forthe Nevada Task Force for Technological Crime created pursuant to NRS 205A.040.

(Added to NRS by 1999, 2700)

NRS 205A.030 Technologicalcrime defined. Technological crime meansany crime that involves, directly or indirectly, any component, device, equipment,system or network that, alone or in conjunction with any other component,device, equipment, system or network, is designed or has the capability to:

1. Be programmed; or

2. Generate, process, store, retrieve, convey, emit,transmit, receive, relay, record or reproduce any data, information, image,program, signal or sound in a technological format, including, withoutlimitation, a format that involves analog, digital, electronic,electromagnetic, magnetic or optical technology.

(Added to NRS by 1999, 2701)

NRS 205A.040 Creation;membership; terms of members; election of Chairman and Vice Chairman;vacancies; members serve without compensation; members holding public office oremployed by governmental entity.

1. The Advisory Board for the Nevada Task Force forTechnological Crime is hereby created.

2. The Board consists of nine members as follows:

(a) The Attorney General.

(b) The Director of the Department of InformationTechnology.

(c) One member of the Senate appointed by the MajorityLeader of the Senate.

(d) One member of the Assembly appointed by the Speakerof the Assembly.

(e) Five other persons appointed by the Governor asfollows:

(1) Two persons who represent major sectors ofthe economy of this state that are impacted significantly by technologicalcrimes.

(2) One person who is an employee of a lawenforcement agency of this state.

(3) One person who is an employee of a publiceducational institution within this state.

(4) One person who is a resident of this stateand who is employed by the Federal Government.

3. Each member of the Board who is appointed to theBoard serves for a term of 4 years. A vacancy on the Board in an appointedposition must be filled in the same manner as the original appointment. Amember may be reappointed to the Board.

4. The members of the Board shall elect a Chairman andVice Chairman by majority vote. After the initial election, the Chairman andVice Chairman shall hold office for a term of 1 year beginning on July 1 ofeach year. If a vacancy occurs in the chairmanship or vice chairmanship, themembers of the Board shall elect a Chairman or Vice Chairman, as appropriate,from among its members for the remainder of the unexpired term.

5. The members of the Board:

(a) Serve without compensation; and

(b) May, upon written request, receive the per diemallowance and travel expenses provided for state officers and employeesgenerally while engaged in the business of the Board.

6. A member of the Board who is an officer or employeeof this state or a political subdivision of this state must be relieved fromhis duties without loss of his regular compensation so that he may prepare forand attend meetings of the Board and perform any work necessary to carry outthe duties of the Board in the most timely manner practicable. A state agencyor political subdivision of this state shall not require an officer or employeewho is a member of the Board to make up the time he is absent from work tocarry out his duties as a member of the Board or use annual vacation orcompensatory time for the absence.

(Added to NRS by 1999, 2701)

NRS 205A.050 Meetings;designation of representative; quorum; effect of membership upon holding publicoffice or public employment.

1. The Board shall meet at least once every quarterand at the times and places specified by a call of the Chairman or a majorityof the members of the Board.

2. Except as otherwise provided in subsection 3, amember of the Board may designate in writing a person to represent him at ameeting of the Board. A representative who has been so designated:

(a) Shall be deemed to be a member of the Board for thepurpose of determining a quorum at the meeting; and

(b) May vote on any matter that is voted on by theregular members of the Board at the meeting.

3. The Attorney General may designate a representativeto serve in his place on the Board or attend a meeting of the Board in hisplace. The Director of the Department of Information Technology may designate arepresentative to serve in his place on the Board or attend a meeting of theBoard in his place.

4. Five members of the Board constitute a quorum. Aquorum may exercise all the power and authority conferred on the Board.

5. Notwithstanding any other provision of law, amember of the Board:

(a) Is not disqualified from public employment orholding a public office because of his membership on the Board; and

(b) Does not forfeit his public office or publicemployment because of his membership on the Board.

(Added to NRS by 1999, 2702)

NRS 205A.060 Generalduties of Board. The Board shall:

1. Facilitate cooperation between state, local andfederal officers in detecting, investigating and prosecuting technologicalcrimes.

2. Establish two multi-agency task forces ontechnological crime, one based in Reno for northern Nevada and one based in LasVegas for southern Nevada, consisting of:

(a) Investigators and prosecutors who are specificallytrained to investigate and prosecute technological crimes; and

(b) Persons from the private sector who areknowledgeable in the area of information technology or the prevention ordetection of technological crimes.

3. Coordinate and provide training and education formembers of the general public, private industry and governmental agencies,including, without limitation, law enforcement agencies, concerning thestatistics and methods of technological crimes and how to prevent and detecttechnological crimes.

4. Administer, with the assistance of members ofprivate industry, a program to secure governmental information systems againstillegal intrusions and other criminal activities.

5. Evaluate and recommend changes to the existingcivil and criminal laws relating to technological crimes in response to currentand projected changes in technology and law enforcement techniques.

6. Authorize the payment of expenses incurred by theBoard in carrying out its duties pursuant to this chapter.

(Added to NRS by 1999, 2702)

NRS 205A.070 ExecutiveDirector: Appointment; Board to establish qualifications, powers and duties.

1. Upon unanimous approval of the members of theBoard, the Board shall appoint an Executive Director of Technological Crimewithin the Office of the Attorney General.

2. The Executive Director is in the unclassifiedservice of the State and serves at the pleasure of the Board.

3. The Board shall establish the qualifications,powers and duties of the Executive Director.

(Added to NRS by 1999, 2703)

NRS 205A.080 Appointmentof full-time secretary. Upon unanimous approval of the members of theBoard, the Board shall appoint a full-time secretary who is in the unclassifiedservice of the State and serves at the pleasure of the Board.

(Added to NRS by 1999, 2703)

NRS 205A.090 Accountfor Advisory Board for Nevada Task Force for Technological Crime: Creation;use.

1. The Account for the Advisory Board for the NevadaTask Force for Technological Crime is hereby created in the State General Fund.The Board shall administer the Account.

2. The money in the Account must only be used to carryout the provisions of this chapter and pay the expenses incurred by the Boardin the discharge of its duties, including, without limitation, the payment ofany expenses related to the creation and subsequent activities of the taskforces on technological crime.

3. Claims against the Account must be paid as otherclaims against the State are paid.

4. The money in the Account must remain in the Accountand must not revert to the State General Fund at the end of any fiscal year.

(Added to NRS by 1999, 2703)

NRS 205A.100 Gifts,grants, appropriations or donations; deposit of money in designated Account.

1. The Board may apply for any available grants andaccept gifts, grants, appropriations or donations to assist the Board incarrying out its duties pursuant to the provisions of this chapter.

2. Any money received by the Board must be depositedin the Account for the Advisory Board for the Nevada Task Force forTechnological Crime created pursuant to NRS205A.090.

(Added to NRS by 1999, 2703)