S.B. 319
- *SB319*
SENATE BILL NO. 319–SENATORS DALY; AND TAYLOR
MARCH 11, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Establishes provisions relating to county fire
protection districts. (BDR 42-1018)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§ 15)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to county fire protection districts; authorizing the
formation of a county fire protection district by interlocal
agreement by certain boards of county commissioners and
incorporated cities; setting forth the powers and duties of
the board of fire commissioners of such a district;
establishing provisions relating to the financial
administration of the district; authorizing the board of
county commissioners to levy an assessment within the
district; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes contiguous unincorporated territory lying within one or 1
more counties or incorporated territory lying within a consolidated municipality 2
and not included in any other fire protection district to, by petition and election, be 3
formed into a county fire protection district. (NRS 474.010-474.125) Existing law 4
also authorizes a board of county commissioners to, by ordinance, organize 5
unincorporated territory within the county into a county fire protection district. 6
(NRS 474.460) Existing law further authorizes a board of county commissioners in 7
a county whose population is less than 700,000 (currently all counties other than 8
Clark County) to consolidate two or more county fire protection districts within the 9
county under certain circumstances. (NRS 474.533) Section 2 of this bill authorizes 10
the governing body of a county whose population is 100,000 or more but less than 11
700,000 (currently only Washoe County) and each incorporated city within such a 12
county (currently the cities of Reno and Sparks) to, by interlocal agreement, 13
consolidate any contiguous unincorporated territory within the county and any 14
incorporated territory within the cities into a county fire protection district. 15
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Section 2 requires: (1) the interlocal agreement to establish the boundaries of the 16
county fire protection district; and (2) the county fire protection district to be 17
governed by a board of fire commissioners composed of two members of the board 18
of county commissioners and two members from each of the governing bodies of 19
each participating city. Section 2 further requires that any action of the board of fire 20
commissioners must be approved by a majority of the members and at least one 21
member appointed by each participating governing body. 22
Section 3 of this bill sets forth the powers and duties of the board of fire 23
commissioners. Section 4 of this bill requires the board of fire commissioners to 24
cooperate with the State Forester Firewarden to coordinate certain activities. 25
Section 5 of this bill authorizes the board of fire commissioners to appoint a district 26
fire chief or enter into agreements with certain agencies, associations or volunteer 27
fire departments to provide fire protection services to the district. 28
Section 6 of this bill authorizes a board of fire commissioners to acquire certain 29
property. 30
Section 7 of this bill requires the board of fire commissioners to prepare an 31
annual budget. 32
If the board of fire commissioners determines an assessment is necessary to pay 33
the expenses of the district, section 8 of this bill requires the board of county 34
commissioners to certify the assessment to the county assessor to be entered on the 35
assessment roll. 36
Section 9 of this bill establishes a limit on the indebtedness of the district. 37
Section 10 of this bill provides for the payment of claims against the district. 38
Section 11 of this bill provides that if the district is dissolved by interlocal 39
agreement and there is outstanding indebtedness, taxes must be levied to continue 40
paying the debt. 41
Section 12 of this bill applies procedures for the adjustment of the boundaries 42
of the district to a district organized pursuant to section 2. 43
Section 13 of this bill requires an owner of lands within the district to eliminate 44
and remove fire hazards on the owner’s property if directed to do so by the board. 45
Section 14 of this bill provides that the appointment of a Fire Chief in such a 46
county fire protection district is an exemption to the requirement for certain 47
incorporated cities to appoint a Fire Chief. 48
Section 15 of this bill requires the Washoe County Board of County 49
Commissioners, the Reno City Council and the Sparks City Council to establish, by 50
interlocal agreement, a board to study the creation of a county fire protection 51
district in accordance with the provisions of sections 2-11. 52
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 474 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 11, inclusive, of this 2
act. 3
Sec. 2. 1. The governing body of a county whose 4
population is 100,000 or more but less than 700,000 and each 5
incorporated city in the county may, by entering into an interlocal 6
agreement pursuant to the provisions of NRS 277.080 to 277.170, 7
inclusive, consolidate any contiguous unincorporated territory 8
within the county and any incorporated territory within an 9
incorporated city in the county into a county fire protection district 10
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for the prevention and extinguishment of fires within such 1
territory. 2
2. The interlocal agreement consolidating territory into the 3
county fire protection district must establish the boundaries of the 4
district, which must include only the area which the district is to 5
serve. 6
3. All debts, obligations, liabilities, revenues, expenditures 7
and assets of a former fire protection district or fire department 8
consolidated into a county fire protection district pursuant to this 9
section must be assumed or taken over by the district. 10
4. The county and each participating city may negotiate 11
concerning the manner of contributing to the budget of the county 12
fire protection district in proportion to the sum of revenues derived 13
by each from special assessments, taxes, licenses for business and 14
gaming and fees for services performed within the territory of the 15
district. 16
5. A county fire protection district formed pursuant to this 17
section: 18
(a) Is a political subdivision of the State; and 19
(b) Has perpetual existence unless dissolved by interlocal 20
agreement. 21
6. Each such district may: 22
(a) Sue and be sued, and be a party to suits, actions and 23
proceedings; 24
(b) Arbitrate claims; and 25
(c) Contract and be contracted with. 26
7. The governing body of the county fire protection district 27
must be known as the board of fire commissioners and composed 28
of: 29
(a) Two members of the board of county commissioners, 30
appointed by the board of county commissioners; and 31
(b) Two members of each of the governing bodies of each 32
participating city in the county, appointed by the governing body 33
of the incorporated city. 34
8. A Chair and Vice Chair must be elected from among the 35
members at the first meeting of the board of fire commissioners. 36
9. Unless the board of fire commissioners employs: 37
(a) A clerk, the county clerk is ex officio the clerk of each such 38
district. 39
(b) A treasurer, the county treasurer is ex officio the treasurer 40
of each such district. 41
10. A majority of members constitutes a quorum at any 42
meeting. Any action of the board of fire commissioners must be 43
approved by a majority of members and at least one member 44
appointed by each participating governing body. 45
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Sec. 3. The board of fire commissioners established pursuant 1
to section 2 of this act shall: 2
1. Manage and conduct the business and affairs of the county 3
fire protection district organized pursuant to section 2 of this act. 4
2. Adopt and enforce all rules and regulations necessary for 5
the administration and government of the district and for the 6
furnishing of fire protection thereto, which may include 7
regulations relating to emergency medical services and fire 8
prevention. The regulations may include provisions that are 9
designed to protect life and property from: 10
(a) The hazards of fire and explosion resulting from the 11
storage, handling and use of hazardous substances, materials and 12
devices; and 13
(b) Hazardous conditions relating to the use or occupancy of 14
any premises. 15
Any regulation concerning hazardous substances, materials or 16
devices adopted pursuant to this section must be consistent with 17
any plan or ordinance concerning those substances, materials or 18
devices that is required by the Federal Government and adopted by 19
the board of county commissioners. 20
3. Organize, regulate, establish and disband fire companies, 21
fire departments or volunteer fire departments for the district. 22
4. Provide for the payment of salaries to the personnel of 23
such fire companies or fire departments. 24
5. Provide for payment from the proper fund of all the debts 25
and just claims against the district. 26
6. Employ agents and employees for the district sufficient to 27
maintain and operate the property acquired for the purposes of the 28
district. 29
7. Acquire real or personal property necessary for the 30
purposes of the district and dispose of such property if no longer 31
needed. 32
8. Construct any necessary structures. 33
9. Acquire, hold and possess, by donation or purchase, any 34
land or other property necessary for the purpose of the district. 35
10. Eliminate and remove fire hazards from the district if 36
practicable and possible, whether on private or public premises, 37
and to that end, the board of fire commissioners may clear the 38
public highways and private lands of dry grass, stubble, brush, 39
rubbish or other inflammable material that, in its judgment, 40
constitutes a fire hazard. 41
11. Perform all other acts necessary, proper and convenient 42
to accomplish the purposes of sections 2 to 11, inclusive, of this 43
act. 44
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Sec. 4. 1. The board of fire commissioners established 1
pursuant to section 2 of this act shall: 2
(a) Plan for the prevention and extinguishment of fires in the 3
territory within the county fire protection district, in cooperation 4
with the State Forester Firewarden to coordinate the fire 5
protection activities of the district with the fire protection provided 6
by the Division of Forestry of the State Department of 7
Conservation and Natural Resources and by federal agencies, in 8
order that the State Forester Firewarden may establish a statewide 9
plan for the prevention and control of large fires, mutual aid 10
among the districts, training of personnel, supply, finance and 11
other purposes to promote fire protection on a statewide basis. 12
(b) Cooperate with the State Forester Firewarden and other 13
agencies as provided in NRS 472.040 to 472.090, inclusive, to 14
prevent and suppress fires in wild lands, and may contribute 15
suitable amounts of money from the assessments levied pursuant 16
to section 8 of this act for that purpose to cooperating agencies, or 17
may receive contributions from other agencies to be spent for that 18
purpose. 19
2. Through inspection, the State Forester Firewarden may 20
recommend standardization of fire protection equipment and 21
facilities of the district to facilitate mutual aid among the districts. 22
Sec. 5. 1. The board of fire commissioners established 23
pursuant to section 2 of this act may appoint a district fire chief 24
who is adequately trained and experienced in fire control. A 25
district fire chief appointed pursuant to this subsection shall hire 26
such employees as are authorized by the board, administer all fire 27
control laws in the territory described by the interlocal agreement 28
entered into pursuant to section 2 of this act and perform such 29
other duties as may be designated by the board of fire 30
commissioners and the State Forester Firewarden. The district fire 31
chief shall coordinate fire protection activities in the district and 32
shall cooperate with all other existing fire protection agencies and 33
rangeland fire protection associations and with the State Forester 34
Firewarden for the standardization of equipment and facilities. 35
2. In lieu of or in addition to the provisions of subsection 1, 36
the board of fire commissioners may: 37
(a) Provide the fire protection activities required by sections 2 38
to 10, inclusive, of this act to the district by entering into 39
agreements with other agencies or rangeland fire protection 40
associations as provided by NRS 277.180 and 472.060 to 472.090, 41
inclusive, for the furnishing of such protection to the district; or 42
(b) Support volunteer fire departments within the district for 43
the furnishing of such protection to the district. 44
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Sec. 6. 1. Any county fire protection district organized 1
pursuant to section 2 of this act, acting by and through the board 2
of fire commissioners established pursuant to section 2 of this act, 3
may, by resolution, at any time or from time to time, acquire: 4
(a) A system of waterworks, hydrants and supplies of water; 5
(b) Telegraphic signals for fire and telephone, telegraph, radio 6
and television service; 7
(c) Fire engines and other vehicles; 8
(d) Hooks, ladders, chutes, buckets, gauges, meters, hoses, 9
pumps, fire extinguishers, fans and artificial lights; 10
(e) Respirators, rescue equipment, medical supplies and 11
equipment, other apparatus for firefighting and protection from 12
fire, and other appurtenances; 13
(f) Fixtures, structures, stations, other buildings and sites 14
therefor; 15
(g) Land, interests in land, and improvements thereon for 16
firebreaks and other protection from fire; 17
(h) Appurtenances and incidentals necessary, useful or 18
desirable for any such facilities, including all types of property 19
therefor; and 20
(i) Any combination of the properties provided in this section. 21
2. The title to all property which may have been acquired 22
pursuant to subsection 1 must be vested in the district. 23
3. For the purpose of defraying the cost of the acquisition of 24
any properties authorized by subsection 1, the board of fire 25
commissioners, on behalf and in the name of any district, may, by 26
resolution, at any time or from time to time, borrow money, 27
otherwise become obligated and evidence or reevidence such 28
obligations by the issuance of bonds and other municipal 29
securities payable from general (ad valorem) taxes and 30
constituting general obligations of the district, as provided in the 31
Local Government Securities Law, subject to the limitations 32
therein and in NRS 474.514. 33
Sec. 7. 1. The board of fire commissioners established 34
pursuant to section 2 of this act shall prepare an annual budget in 35
accordance with the provisions of NRS 354.470 to 354.626, 36
inclusive, for a county fire protection district organized pursuant 37
to section 2 of this act. 38
2. Each budget must be based on estimates of the amount of 39
money which will be needed to defray the expenses of the district 40
and to meet unforeseen emergencies and the amounts negotiated 41
pursuant to subsection 4 of section 2 of this act and the amount of 42
any assessment levied pursuant to section 8 of this act sufficient to 43
raise such sums. 44
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Sec. 8. 1. If the board of fire commissioners determines 1
that levying an assessment is necessary to pay the expenses of the 2
district, the board shall submit the proposed assessment to the 3
board of county commissioners of the county. 4
2. Upon receipt of a proposed assessment pursuant to 5
subsection 1, the board of county commissioners shall certify the 6
assessment to the county assessor. The county assessor shall enter 7
the amount of the assessment on the assessment roll against the 8
assessed property. 9
3. The assessment may be collected at the same time and in 10
the same manner as ordinary county taxes are collected, and is 11
subject to the same penalties and the same procedure and sale in 12
case of delinquency as provided for ordinary county taxes. All 13
laws applicable to the collection and enforcement of county taxes 14
are applicable to the special assessment. 15
Sec. 9. No indebtedness, as defined in NRS 350.586, 16
including outstanding indebtedness, shall be incurred by any 17
county fire protection district organized pursuant to section 2 of 18
this act in an aggregate principal amount exceeding 5 percent of 19
the total last assessed valuation of taxable property (excluding 20
motor vehicles and cattle) situated within the district. 21
Sec. 10. All accounts, bills and demands against a county 22
fire protection district organized pursuant to section 2 of this act 23
must be audited, allowed and paid by the board of fire 24
commissioners established pursuant to section 2 of this act by 25
warrants drawn on the county treasurer or the treasurer of the 26
district. The county treasurer or, if authorized by the board of 27
county commissioners and the board of fire commissioners, the 28
treasurer of the district shall pay them in the order in which they 29
are presented. 30
Sec. 11. If a county fire protection district organized 31
pursuant to section 2 of this act is dissolved by interlocal 32
agreement and at the time of the dissolution, there are any 33
outstanding or bonded indebtedness of the district, then taxes for 34
the payment of such bonds or other indebtedness must be levied 35
and collected the same as if the district had not been dissolved and 36
disincorporated, but for all other purposes the district shall be 37
deemed dissolved from the time of the filing of the copy of the 38
interlocal agreement with the clerk of the board of county 39
commissioners and the recording of the copy of such entry with 40
the county recorder. 41
Sec. 12. NRS 474.565 is hereby amended to read as follows: 42
474.565 1. The boundaries of two or more contiguous fire 43
protection districts located within a county and organized pursuant 44
to NRS 474.010 to 474.450, inclusive, 474.460 or 474.533 or 45
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section 2 of this act may be adjusted in the manner provided in this 1
section so that all or any part of the area of one such fire protection 2
district is excluded from that district and added to the area of 3
another such fire protection district. 4
2. The adjustment of the boundaries of fire protection districts 5
pursuant to this section must be approved by: 6
(a) A majority of the owners of property located within the 7
portions of those districts directly affected by the proposed 8
adjustment of boundaries; and 9
(b) Resolution of the board of county commissioners of the 10
county in which the districts are located, which resolution must also 11
be approved by the governing bodies of the fire protection districts 12
whose boundaries are proposed to be adjusted. 13
For the purposes of this subsection, an owner of property located 14
within a fire protection district is “directly affected” by a proposed 15
adjustment of boundaries if the adjustment will cause that property, 16
or other property immediately adjacent to that property, to be 17
excluded from the district in which it is currently located and added 18
to a district other than that in which it is currently located. 19
3. If, after notice and a hearing, the board of county 20
commissioners determines that the proposed adjustment of 21
boundaries is feasible and in the best interests of the county and the 22
districts whose boundaries are proposed to be adjusted, the board of 23
county commissioners shall adopt an ordinance adjusting the 24
boundaries of those districts. The ordinance must include the name 25
and boundaries of each district that will result from the adjustment. 26
4. For the purposes of subsection 3, a board of county 27
commissioners shall not determine that a proposed adjustment of 28
boundaries is feasible and in the best interests of the county and the 29
districts whose boundaries are proposed to be adjusted unless the 30
board concludes, after conducting a reasonable investigation, that: 31
(a) The total assessed valuation of taxable property in the 32
districts whose boundaries are proposed to be adjusted is 33
substantially equivalent; and 34
(b) The total ad valorem tax levied within the districts whose 35
boundaries are proposed to be adjusted is substantially equivalent. 36
5. The board of county commissioners shall cause a copy of 37
any ordinance adopted pursuant to subsection 3 to be certified by the 38
clerk of the board and filed immediately for record in the office of 39
the county recorder. 40
6. If an adjustment of boundaries pursuant to this section 41
causes: 42
(a) Part of the area of one fire protection district to be excluded 43
from that district and added to the area of another fire protection 44
district, the districts may, but are not required to, enter into such an 45
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agreement as they determine equitable to address the apportionment 1
of debts, obligations, liabilities and assets. 2
(b) All of the area of one fire protection district to be excluded 3
from that district and added to the area of another fire protection 4
district, the debts, obligations, liabilities and assets of the district 5
from which the area is excluded must be assumed by the district to 6
which the area is added. 7
Sec. 13. NRS 474.580 is hereby amended to read as follows: 8
474.580 1. Any owner of lands within a fire protection 9
district created pursuant to this chapter shall eliminate and remove a 10
fire hazard on the owner’s property when directed to do so by the 11
board. 12
2. If the owner does not comply within the time specified by 13
the board, the board may eliminate and remove the fire hazard in the 14
manner permitted by NRS 474.160 or 474.470 [,] or section 3 of 15
this act, whichever applies, and may for this purpose contract with 16
any person for the performance of the work. 17
3. The cost incurred by the district in eliminating and removing 18
the fire hazard may be recovered directly from the owner of the 19
property or the district may make the cost a special assessment 20
against the real property. The special assessment may be collected at 21
the same time and in the same manner as ordinary county taxes are 22
collected, and is subject to the same penalties and the same 23
procedure and sale in case of delinquency as provided for ordinary 24
county taxes. All laws applicable to the collection and enforcement 25
of county taxes are applicable to the special assessment. 26
4. As used in this section, “board” means the board of directors 27
or the board of fire commissioners of the district, as the case may 28
be. 29
Sec. 14. Section 1.090 of the Charter of the City of Reno, 30
being chapter 662, Statutes of Nevada 1971, as last amended by 31
chapter 163, Statutes of Nevada 2015, at page 767, is hereby 32
amended to read as follows: 33
Sec. 1.090 Appointive officers and appointive 34
employees. 35
1. The City Council shall provide for the appointment of 36
a City Manager and a City Clerk. 37
2. The City Manager shall appoint a Chief of Police and 38
, unless otherwise appointed pursuant to section 5 of act, a 39
Fire Chief, subject to ratification by the City Council. If a 40
person so nominated is not confirmed, the City Manager shall 41
continue to submit nominations until a nominee is confirmed. 42
3. The following are appointive officers: 43
(a) The City Manager, Assistant City Managers, Chief of 44
Staff of the City Manager, Executive Assistant to the City 45
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Manager, Chief of Police, Assistant Chief of Police, Fire 1
Chief, the heads of each department and the assistant heads of 2
each department. 3
(b) The City Clerk, Chief Deputy City Clerk and Manager 4
of Record Systems. 5
(c) Every Chief Deputy City Attorney. 6
(d) The Deputy City Assessor, if the City Council 7
appoints a person as the Deputy City Assessor pursuant to 8
section 3.080. 9
(e) The Deputy City Treasurer, if the City Treasurer 10
appoints a person other than the City Clerk to be Deputy City 11
Treasurer pursuant to section 3.090. 12
4. Except as otherwise provided in this subsection, the 13
City Council may establish such other appointive offices and 14
appointive positions as it may deem necessary for the 15
operation of the City by designating the office or position and 16
the minimum qualifications therefor by ordinance. The 17
number of appointive positions established by the City 18
Council pursuant to this subsection must not exceed the 19
greater of: 20
(a) Forty full-time equivalent appointive positions; or 21
(b) Four percent of the total number of: 22
(1) Appointive officers described in subsection 3; and 23
(2) All full-time equivalent positions in the Civil 24
Service. 25
5. Appointive employees: 26
(a) Are not appointive officers but regularly assist an 27
appointive officer; 28
(b) Have duties that consist of administrative work 29
directly related to management policies; and 30
(c) Have positions that require them customarily to 31
exercise discretion and independent judgment. 32
6. No person who is an employee of the City’s: 33
(a) Police Department is an appointive officer or 34
appointive employee, other than the Chief of Police and the 35
Assistant Chief of Police. 36
(b) Fire Department is an appointive officer or appointive 37
employee, other than the Fire Chief. 38
7. On or before June 30 of each fiscal year, the City 39
Manager shall prepare and file with the City Clerk a 40
document that sets forth the organization of every department 41
and other office of the City. The document must include, 42
without limitation, a description of the job responsibilities of 43
each appointive officer and appointive employee. 44
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Sec. 15. 1. The Washoe County Board of County 1
Commissioners shall, by interlocal agreement adopted in accordance 2
with the provisions of NRS 277.080 to 277.180, inclusive, establish 3
a board to study the creation of a county fire protection district 4
pursuant to the provisions of sections 2 to 11, inclusive, of this act 5
to consolidate fire protection services within territory within 6
Washoe County and the Cities of Reno and Sparks. 7
2. The board established pursuant to subsection 1 must be 8
composed of: 9
(a) Two members of the Washoe County Board of County 10
Commissioners, appointed by the Washoe County Board of County 11
Commissioners; 12
(b) Two members of the Reno City Council, appointed by the 13
Reno City Council; and 14
(c) Two members of the Sparks City Council, appointed by the 15
Sparks City Council. 16
3. The board shall: 17
(a) Evaluate the impact a consolidated county fire protection 18
district will have on the response times, preparation and costs of 19
providing fire protection services in Washoe County and the Cities 20
of Reno and Sparks; 21
(b) Determine any legal mechanisms necessary to consolidate 22
fire service between the County and the Cities; 23
(c) Determine any assessments necessary to support the district; 24
and 25
(d) Not later than July 1, 2026, prepare a written report for 26
transmission to the Washoe County Board of County 27
Commissioners, Reno City Council and Sparks City Council with 28
the results and recommendations of the board and any 29
recommendations for legislation. 30
4. A majority of members constitutes a quorum at any meeting. 31
Any action of the board must be approved by a majority of members 32
and at least one member appointed by each participating governing 33
body. 34
5. The board may contract with other entities to assist the board 35
in carrying out the requirements of this section. 36
Sec. 16. Notwithstanding any provision of sections 2 to 11, 37
inclusive, of this act to the contrary, the provisions of those sections 38
must not be applied to modify, directly or indirectly, any taxes 39
levied or revenues pledged in such a manner as to impair adversely 40
any outstanding obligations of any county, city or town, including, 41
without limitation, bonds, medium-term financing, letters of credit 42
and any other financial obligations, until all such obligations have 43
been discharged in full or provision for their payment or redemption 44
has been made. 45
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Sec. 17. The provisions of NRS 354.599 do not apply to any 1
additional expenses of a local government that are related to the 2
provisions of this act. 3
Sec. 18. 1. This section and section 17 of this act become 4
effective upon passage and approval. 5
2. Section 15 of this act becomes effective upon passage and 6
approval and expires by limitation on July 1, 2027. 7
3. Sections 1 to 14, inclusive, and 16 of this act become 8
effective on July 1, 2027. 9
H