Nevada 2025 Regular Session

Nevada Senate Bill SB19 Compare Versions

Only one version of the bill is available at this time.
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33 S.B. 19
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55 - *SB19*
66
77 SENATE BILL NO. 19–COMMITTEE ON NATURAL RESOURCES
88
99 (ON BEHALF OF THE JOINT INTERIM STANDING
1010 COMMITTEE ON NATURAL RESOURCES)
1111
1212 PREFILED NOVEMBER 5, 2024
1313 ____________
1414
1515 Referred to Committee on Natural Resources
1616
1717 SUMMARY—Authorizes the Governor to enter into certain
1818 interstate fire compacts. (BDR 47-381)
1919
2020 FISCAL NOTE: Effect on Local Government: No.
2121 Effect on the State: Yes.
2222
2323 ~
2424
2525 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
2626
2727
2828 AN ACT relating to interstate fire compacts; ratifying the Great
2929 Plains Wildland Fire Protection Compact upon a
3030 declaration by the Governor; ratifying the Northwest
3131 Wildland Fire Protection Agreement upon a declaration
3232 by the Governor; and providing other matters properly
3333 relating thereto.
3434 Legislative Counsel’s Digest:
3535 In 2007, the United States Congress approved the Great Plains Wildland Fire 1
3636 Protection Compact. The Compact: (1) authorizes the state forester or officer 2
3737 holding the equivalent position who is responsible for forest fire control to consult 3
3838 with like officials of other member states and implement cooperation between the 4
3939 states in forest fire prevention and control; (2) authorizes member states to provide 5
4040 reciprocal aid in fighting forest fires among the compacting states if the state forest 6
4141 fire control agency of a member state requests aid; (3) provides that the fire fighting 7
4242 forces of any member state that renders outside aid at the request of another 8
4343 member state have, with certain exceptions, the same powers, duties, rights, 9
4444 privileges and immunities as comparable employees of the state to which they are 10
4545 rendering aid; (4) provides that a member state is not liable for any act or omission 11
4646 of its fire fighting forces made in connection with rendering outside aid to a 12
4747 member state; (5) provides that any liability that may arise is assumed by the 13
4848 member state that requests aid; (6) requires a member state that receives aid from 14
4949 another member state to reimburse the member state that provided the aid; (7) 15
5050 requires each member state to maintain adequate forest fire fighting forces and 16
5151 equipment to meet the demands for forest fire protection within its borders; and (8) 17
5252 provides that the Compact is effective and binding on each state ratifying it until 18
5353 the legislature or the governor of the state takes action to withdraw from the 19
5454 – 2 –
5555
5656
5757 - *SB19*
5858 Compact. (Pub. L. No. 110-79) Section 2 of this bill ratifies the Compact. Section 20
5959 4 of this bill requires the Governor to notify the member states of the Compact that 21
6060 Nevada has ratified the Compact. Section 5 of this bill makes the ratification of the 22
6161 Compact effective on the date on which the Governor of this State declares that this 23
6262 State has ratified the Compact and the State’s entry has been approved. 24
6363 In 1998, the United States Congress approved the Northwest Wildland Fire 25
6464 Protection Agreement. The Agreement: (1) provides that the role of the members is 26
6565 to coordinate the plans and work of the appropriate agencies and to coordinate the 27
6666 rendering of aid to members in fighting wildland fires; (2) provides that the 28
6767 members agree to render aid when any other member requests aid in controlling or 29
6868 preventing wildland fires; (3) requires the employees of any member providing aid 30
6969 to operate under the direction of the officers of the member to whom the aid is 31
7070 rendered; (4) provides that the employees of any members providing aid have the 32
7171 same privileges and immunities as comparable employees of the member to whom 33
7272 they are rendering aid; (5) provides that a member is not liable for any act or 34
7373 omission of its fire fighting forces made in connection with rendering aid to a 35
7474 member; (6) requires a member that receives aid from another member to 36
7575 reimburse the member that provided the aid; (7) requires each member to keep 37
7676 accurate books of account showing receipts and disbursements which are open to 38
7777 inspection of representatives of a member; (8) requires the members to hold an 39
7878 annual meeting to review the terms of the Agreement and any applicable operating 40
7979 plans; and (9) provides that the Agreement is effective on each member until such 41
8080 member takes action to withdraw from the Agreement. (Pub. L. No. 105-377) 42
8181 Section 3 of this bill ratifies the Agreement. Section 4 requires the Governor to 43
8282 notify the members of the Agreement that Nevada has ratified the Agreement. 44
8383 Section 5 makes the ratification of the Agreement effective on the date on which 45
8484 the Governor of this State declares that this State has ratified the Agreement and the 46
8585 State’s entry has been approved. 47
8686
8787
8888 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
8989 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
9090
9191 Section 1. Chapter 527 of NRS is hereby amended by adding 1
9292 thereto the provisions set forth as sections 2 and 3, inclusive, of this 2
9393 act. 3
9494 Sec. 2. The Great Plains Wildland Fire Protection Compact 4
9595 is hereby ratified, enacted into law and entered into with all 5
9696 jurisdictions legally joining in the Compact, in substantially the 6
9797 form set forth in this section: 7
9898 8
9999 THE GREAT PLAINS WILDLAND FIRE 9
100100 PROTECTION AGREEMENT 10
101101 11
102102 THIS AGREEMENT is entered into by and between the State, 12
103103 Provincial and Territorial wildland fire protection agencies 13
104104 signatory hereto, hereinafter referred to as ‘Members’. 14
105105 FOR, AND IN CONSIDERATION OF the following terms and 15
106106 conditions, the Members agree: 16
107107
108108 – 3 –
109109
110110
111111 - *SB19*
112112 ARTICLE I 1
113113 2
114114 The purpose of this compact is to promote effective prevention 3
115115 and control of forest fires in the Great Plains region of the United 4
116116 States by the maintenance of adequate forest fire fighting services 5
117117 by the member states, and by providing for reciprocal aid in 6
118118 fighting forest fires among the compacting states of the region, 7
119119 including South Dakota, North Dakota, Wyoming, Colorado, and 8
120120 any adjoining state of a current member state. 9
121121 10
122122 ARTICLE II 11
123123 12
124124 This compact is operative immediately as to those states 13
125125 ratifying it if any two or more of the member states have ratified it. 14
126126 15
127127 ARTICLE III 16
128128 17
129129 In each state, the state forester or officer holding the equivalent 18
130130 position who is responsible for forest fire control may act as 19
131131 compact administrator for that state and may consult with like 20
132132 officials of the other member states and may implement 21
133133 cooperation between the states in forest fire prevention and 22
134134 control. The compact administrators of the member states may 23
135135 organize to coordinate the services of the member states and 24
136136 provide administrative integration in carrying out the purposes of 25
137137 this compact. Each member state may formulate and put in effect 26
138138 a forest fire plan for that state. 27
139139 28
140140 ARTICLE IV 29
141141 30
142142 If the state forest fire control agency of a member state requests 31
143143 aid from the state forest fire control agency of any other member 32
144144 state in combating, controlling, or preventing forest fires, the state 33
145145 forest fire control agency of that state may render all possible aid 34
146146 to the requesting agency, consonant with the maintenance of 35
147147 protection at home. 36
148148 37
149149 ARTICLE V 38
150150 39
151151 If the forces of any member state are rendering outside aid 40
152152 pursuant to the request of another member state under this 41
153153 compact, the employees of the state shall, under the direction of 42
154154 the officers of the state to which they are rendering aid, have the 43
155155 same powers (except the power of arrest), duties, rights, privileges, 44
156156 – 4 –
157157
158158
159159 - *SB19*
160160 and immunities as comparable employees of the state to which 1
161161 they are rendering aid. 2
162162 No member state or its officers or employees rendering outside 3
163163 aid pursuant to this compact is liable on account of any act or 4
164164 omission on the part of such forces while so engaged, or on 5
165165 account of the maintenance or use of any equipment or supplies in 6
166166 connection with rendering the outside aid. 7
167167 All liability, except as otherwise provided in this compact, that 8
168168 may arise either under the laws of the requesting state or under 9
169169 the laws of the aiding state or under the laws of a third state on 10
170170 account of or in connection with a request for aid, shall be 11
171171 assumed and borne by the requesting state. 12
172172 Any member state rendering outside aid pursuant to this 13
173173 compact shall be reimbursed by the member state receiving the aid 14
174174 for any loss or damage to, or expense incurred in the operation of 15
175175 any equipment answering a request for aid, and for the cost of all 16
176176 materials, transportation, wages, salaries, and maintenance of 17
177177 employees and equipment incurred in connection with such 18
178178 request. However, nothing in this compact prevents any assisting 19
179179 member state from assuming such loss, damage, expense or other 20
180180 cost or from loaning such equipment or from donating such 21
181181 services to the receiving member state without charge or cost. 22
182182 Each member state shall assure that workers compensation 23
183183 benefits in conformity with the minimum legal requirements of the 24
184184 state are available to all employees and contract firefighters sent to 25
185185 a requesting state pursuant to this compact. 26
186186 For the purposes of this compact the term, employee, includes 27
187187 any volunteer or auxiliary legally included within the forest fire 28
188188 fighting forces of the aiding state under the laws of the aiding 29
189189 state. 30
190190 The compact administrators may formulate procedures for 31
191191 claims and reimbursement under the provisions of this article, in 32
192192 accordance with the laws of the member states. 33
193193 34
194194 ARTICLE VI 35
195195 36
196196 Ratification of this compact does not affect any existing statute 37
197197 so as to authorize or permit curtailment or diminution of the forest 38
198198 fighting forces, equipment, services, or facilities of any member 39
199199 state. 40
200200 Nothing in the compact authorizes or permits any member state 41
201201 to curtail or diminish its forest fire fighting forces, equipment, 42
202202 services, or facilities. Each member state shall maintain adequate 43
203203 forest fire fighting forces and equipment to meet demands for 44
204204 – 5 –
205205
206206
207207 - *SB19*
208208 forest fire protection within its borders in the same manner and to 1
209209 the same extent as if this compact were not operative. 2
210210 Nothing in this compact limits or restricts the powers of any 3
211211 state ratifying the compact to provide for the prevention, control, 4
212212 and extinguishment of forest fires, or to prohibit the enactment or 5
213213 enforcement of state laws, rules, or regulations intended to aid in 6
214214 the prevention, control, and extinguishment in the state. 7
215215 Nothing in this compact affects any existing or future 8
216216 cooperative relationship or arrangement between the United States 9
217217 Forest Service and a member state or states. 10
218218 11
219219 ARTICLE VII 12
220220 13
221221 Representatives of the United States Forest Service may attend 14
222222 meetings of the compact administrators. 15
223223 16
224224 ARTICLE VIII 17
225225 18
226226 The provisions of Articles IV and V of this compact that relate 19
227227 to reciprocal aid in combating, controlling, or preventing forest 20
228228 fires are operative as between any state party to this compact and 21
229229 any other state which is party to this compact and any other state 22
230230 that is party to a regional forest fire protection compact in another 23
231231 region if the Legislature of the other state has given its assent to 24
232232 the mutual aid provisions of this compact. 25
233233 26
234234 ARTICLE IX 27
235235 28
236236 This compact shall continue in force and remain binding on 29
237237 each state ratifying it until the Legislature or the Governor of the 30
238238 state takes action to withdraw from the compact. Such action is 31
239239 not effective until six months after notice of the withdrawal has 32
240240 been sent by the chief executive of the state desiring to withdraw to 33
241241 the chief executives of all states then parties to the compact. 34
242242 Sec. 3. The Northwest Wildland Fire Protection Agreement 35
243243 is hereby ratified, enacted into law and entered into with all 36
244244 jurisdictions legally joining in the Agreement, in substantially the 37
245245 form set forth in this section: 38
246246 39
247247 THE NORTHWEST WILDLAND FIRE 40
248248 PROTECTION AGREEMENT 41
249249 42
250250 THIS AGREEMENT is entered into by and between the State, 43
251251 Provincial, and Territorial wildland fire protection agencies 44
252252 signatory hereto, hereinafter referred to as “Members”. 45
253253 – 6 –
254254
255255
256256 - *SB19*
257257 FOR AND IN CONSIDERATION OF the following terms and 1
258258 conditions, the Members agree: 2
259259 3
260260 Article I 4
261261 5
262262 1.1 The purpose of this Agreement is to promote effective 6
263263 prevention, presuppression and control of forest fires in the 7
264264 Northwest wildland region of the United States and adjacent areas 8
265265 of Canada (by the Members) by providing mutual aid in 9
266266 prevention, presuppression and control of wildland fires, and by 10
267267 establishing procedures in operating plans that will facilitate such 11
268268 aid. 12
269269 13
270270 Article II 14
271271 15
272272 2.1 The agreement shall become effective for those Members 16
273273 ratifying it whenever any two or more Members, the States of 17
274274 Oregon, Washington, Alaska, Idaho, Montana, or the Yukon 18
275275 Territory, or the Province of British Columbia, or the Province of 19
276276 Alberta have ratified it. 20
277277 2.2 Any State, Province, or Territory not mentioned in this 21
278278 Article which is contiguous to any Member may become a party to 22
279279 this Agreement subject to unanimous approval of the Members. 23
280280 24
281281 Article III 25
282282 26
283283 3.1 The role of the Members is to determine from time to time 27
284284 such methods, practices, circumstances and conditions as may be 28
285285 found for enhancing the prevention, presuppression, and control 29
286286 of forest fires in the area comprising the Member’s territory; to 30
287287 coordinate the plans and the work of the appropriate agencies of 31
288288 the Members; and to coordinate the rendering of aid by the 32
289289 Members to each other in fighting wildland fires. 33
290290 3.2 The Members may develop cooperative operating plans 34
291291 for the program covered by this Agreement. Operating plans shall 35
292292 include definition of terms, fiscal procedures, personnel contacts, 36
293293 resources available, and standards applicable to the program. 37
294294 Other sections may be added as necessary. 38
295295 39
296296 Article IV 40
297297 41
298298 4.1 A majority of Members shall constitute a quorum for the 42
299299 transaction of its general business. Motions of Members present 43
300300 shall be carried by a simple majority except as stated in Article II. 44
301301 Each Member will have one vote on motions brought before them. 45
302302 – 7 –
303303
304304
305305 - *SB19*
306306 Article V 1
307307 2
308308 5.1 Whenever a Member requests aid from any other Member 3
309309 in controlling or preventing wildland fires, the Members agree, to 4
310310 the extent they possibly can, to render all possible aid. 5
311311 6
312312 Article VI 7
313313 8
314314 6.1 Whenever the forces of any Member are aiding another 9
315315 Member under this Agreement, the employees of such Member 10
316316 shall operate under the direction of the officers of the Member to 11
317317 which they are rendering aid and be considered agents of the 12
318318 Member they are rendering aid to and, therefore, have the same 13
319319 privileges and immunities as comparable employees of the 14
320320 Member to which they are rendering aid. 15
321321 6.2 No Member or its officers or employees rendering aid 16
322322 within another State, Territory, or Province, pursuant to this 17
323323 Agreement shall be liable on account of any act or omission on the 18
324324 part of such forces while so engaged, or on account of 19
325325 maintenance or use of any equipment or supplies in connection 20
326326 therewith to the extent authorized by the laws of the Member 21
327327 receiving the assistance. The receiving Member, to the extent 22
328328 authorized by the laws of the State, Territory, or Province, agrees 23
329329 to indemnify and save-harmless the assisting Member from any 24
330330 such liability. 25
331331 6.3 Any Member rendering outside aid pursuant to this 26
332332 Agreement shall be reimbursed by the Member receiving such aid 27
333333 for any loss or damage to, or expense incurred in the operation of 28
334334 any equipment and for the cost of all materials, transportation, 29
335335 wages, salaries and maintenance of personnel and equipment 30
336336 incurred in connection with such request in accordance with the 31
337337 provisions of the previous section. Nothing contained herein shall 32
338338 prevent any assisting Member from assuming such loss, damage, 33
339339 expense or other cost or from loaning such equipment or from 34
340340 donating such services to the receiving Member without charge or 35
341341 cost. 36
342342 6.4 For purposes of this Agreement, personnel shall be 37
343343 considered employees of each sending Member for the payment of 38
344344 compensation to injured employees and death benefits to the 39
345345 representatives of deceased employees injured or killed while 40
346346 rendering aid to another Member pursuant to this Agreement. 41
347347 6.5 The Members shall formulate procedures for claims and 42
348348 reimbursement under the provisions of this Article. 43
349349
350350
351351 – 8 –
352352
353353
354354 - *SB19*
355355 Article VII 1
356356 2
357357 7.1 When appropriations for support of this agreement, or for 3
358358 the support of common services in executing this agreement, are 4
359359 needed, costs will be allocated equally among the Members. 5
360360 7.2 As necessary, Members shall keep accurate books of 6
361361 account, showing in full, its receipts and disbursements, and the 7
362362 books of account shall be open at any reasonable time to the 8
363363 inspection of representatives of the Members. 9
364364 7.3 The Members may accept any and all donations, gifts, 10
365365 and grants of money, equipment, supplies, materials and services 11
366366 from the Federal or any local government, or any agency thereof 12
367367 and from any person, firm or corporation, for any of its purposes 13
368368 and functions under this Agreement, and may receive and use the 14
369369 same subject to the terms, conditions, and regulations governing 15
370370 such donations, gifts, and grants. 16
371371 17
372372 Article VIII 18
373373 19
374374 8.1 Nothing in this Agreement shall be construed to limit or 20
375375 restrict the powers of any Member to provide for the prevention, 21
376376 control, and extinguishment of wildland fires or to prohibit the 22
377377 enactment or enforcement of State, Territorial, or Provincial laws, 23
378378 rules or regulations intended to aid in such prevention, control 24
379379 and extinguishment of wildland fires in such State, Territory, or 25
380380 Province. 26
381381 8.2 Nothing in this Agreement shall be construed to affect 27
382382 any existing or future Cooperative Agreement between Members 28
383383 and/or their respective Federal agencies. 29
384384 30
385385 Article IX 31
386386 32
387387 9.1 The Members may request the United States Forest 33
388388 Service to act as the coordinating agency of the Northwest 34
389389 Wildland Fire Protection Agreement in cooperation with the 35
390390 appropriate agencies of each Member. 36
391391 9.2 The Members will hold an annual meeting to review the 37
392392 terms of this Agreement, any applicable Operating Plans, and 38
393393 make necessary modifications. 39
394394 9.3 Amendments to this Agreement can be made by simple 40
395395 majority vote of the Members and will take effect immediately 41
396396 upon passage. 42
397397
398398
399399
400400 – 9 –
401401
402402
403403 - *SB19*
404404 Article X 1
405405 2
406406 10.1 This Agreement shall continue in force on each Member 3
407407 until such Member takes action to withdraw therefrom. Such 4
408408 action shall not be effective until 60 days after notice thereof has 5
409409 been sent to all other members. 6
410410 7
411411 Article XI 8
412412 9
413413 11.1 Nothing in this Agreement shall obligate the funds of 10
414414 any Member beyond those approved by appropriate legislative 11
415415 action. 12
416416 Sec. 4. The Governor shall give notice of the ratification of the 13
417417 Great Plains Wildland Fire Protection Compact and the Northwest 14
418418 Wildland Fire Protection Agreement by the Legislature of Nevada to 15
419419 the member states of the Great Plains Wildland Fire Protection 16
420420 Compact and the members of the Northwest Wildland Fire 17
421421 Protection Agreement. 18
422422 Sec. 5. 1. This section and sections 1 and 4 of this act 19
423423 become effective upon passage and approval. 20
424424 2. Section 2 of this act becomes effective on the date on which 21
425425 the Governor of this State declares that this State has ratified the 22
426426 Great Plains Wildland Fire Protection Compact and the State’s entry 23
427427 has been approved. 24
428428 3. Section 3 of this act becomes effective on the date on which 25
429429 the Governor of this State declares that this State has ratified the 26
430430 Northwest Wildland Fire Protection Agreement and the State’s entry 27
431431 has been approved. 28
432432
433433 H
434434
435435
436436
437437
438438
439439
440440