1. A meeting between an agency or officer of the Executive Department of the State Government and the Legislature that is held to discuss a threat to: (a) The security of public facilities and essential public services, including, without limitation, water, drinking water, wastewater treatment, natural gas services and electric services; (b) The ability of the public to access public services or public facilities; or (c) Critical infrastructure controls or critical infrastructure information relating to cybersecurity, must be a closed meeting and is not subject to any other provision of this chapter. 2. All information and materials received during a meeting described in subsection 1 or prepared for a meeting described in subsection 1 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential, are not subject to subpoena or discovery and are not subject to inspection by the general public. 3. Any person who attends a closed meeting described in subsection 1 shall not disclose any information or materials received in preparation for or during such a meeting to any person who is not in the Executive Department of State Government or the Legislature. 4. As used in this section: (a) Critical infrastructure controls means networks and systems that control assets so vital to the State that the incapacity or destruction of those networks, systems or assets would debilitate public health, safety or economic security. (b) Critical infrastructure information means information not customarily in the public domain pertaining to: (1) Actual, potential or threatened interference with, attack on, compromise of or incapacitation of critical infrastructure controls by physical or electronic means, including, without limitation, the misuse of or unauthorized access to communications systems and data transmission systems in a manner that violates federal, state or local law or harms public health, safety or economic security; (2) The ability of a critical infrastructure control to resist any interference with or compromise or incapacitation of the critical infrastructure control, including, without limitation, any planned or past assessment or estimate of the vulnerability of critical infrastructure control; or (3) To the extent it is related to interference, compromise or incapacitation of critical infrastructure controls, any previous problem or planned or previous solution relating to critical infrastructure controls, including, without limitation, repairs, system recovery or reconstruction, insurance or continuity. (c) Legislature means: (1) The Legislature or either House; (2) Any committee of either House; (3) Any joint committee of both Houses; (4) Any other committee or commission created or authorized by the Legislature to conduct or perform legislative business at the direction of or on behalf of the Legislature; or (5) Any officer or employee of the Legislative Counsel Bureau, the term includes, without limitation, any interim, advisory or other committee or subcommittee.
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