SB310 - Revises provisions relating to public monuments. (BDR 35-1013)

S.B. 310 - *SB310* SENATE BILL NO. 310–SENATOR ELLISON MARCH 10, 2025 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to public monuments. (BDR 35-1013) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public monuments; prohibiting, with certain exceptions, a governmental agency from removing or destroying a monument that is located on state lands or any other publicly owned land unless such action is approved by the Governor; providing that a person who willfully vandalizes, defaces, destroys or damages such a monument is guilty of a gross misdemeanor; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, upon the recommendation of the Administrator of the 1 Division of State Parks of the State Department of Conservation and Natural 2 Resources and the Director of the Department, the Governor is authorized to, by 3 proclamation, designate any site, place or building located on any publicly owned 4 land, or any land in the State held by the Division under lease or permit, as a state 5 park, state monument or recreational area. (NRS 407.120) Section 1 of this bill: (1) 6 prohibits a governmental agency from removing or destroying a monument that is 7 located on state lands or any other publicly owned land unless the removal or 8 destruction of the monument is approved by the Governor; and (2) excepts from 9 that prohibition the relocation of such a monument by a governmental agency to a 10 site of similar prominence, honor, visibility and access. 11 Existing law provides that a person who unlawfully places graffiti on or 12 otherwise defaces the public or private property of another without the permission 13 of the owner is guilty of a misdemeanor, gross misdemeanor or felony, depending 14 on the value of the loss of the property and the nature of the property. Specifically, 15 existing law provides that a person who commits such acts on any protected site, 16 which includes certain sites, landmarks, buildings, structures and objects of 17 – 2 – - *SB310* historical significance, is guilty of a category D felony. (NRS 206.330) Section 2 of 18 this bill provides that, unless a greater criminal penalty is provided in existing law, 19 a person who willfully vandalizes, defaces, destroys or damages a monument that is 20 located on state land or any other publicly owned land is guilty of a gross 21 misdemeanor. Section 3 of this bill requires a court to, in addition to any other 22 penalty, order such a person to pay restitution. Section 3 also makes a conforming 23 change to provide that, under certain circumstances, the penalty set forth in section 24 2 is applicable to a person who commits vandalism upon certain sites and objects of 25 historical significance. (NRS 381.225) 26 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 407 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in this section, a 3 governmental agency shall not remove or destroy a monument 4 that is located on state lands or any other publicly owned land 5 unless the removal or destruction is approved by the Governor. A 6 governmental agency may, without approval from the Governor, 7 relocate a monument that is located on state lands or any other 8 publicly owned land to a site of similar prominence, honor, 9 visibility and access. 10 2. As used in this section: 11 (a) “Governmental agency” means an officer, board, 12 commission, department, division, bureau, district or any other 13 unit of government of this State or a local government. 14 (b) “Monument” means a statue, plaque, memorial or other 15 structure intended to be permanently displayed and maintained 16 that: 17 (1) Has been dedicated in honor of any historic conflict, 18 historic entity, historic event, historic figure or historic 19 organization including, without limitation, a historic conflict, 20 entity, event, figure or organization pertaining to the history of the 21 Indian tribes in Nevada; 22 (2) Has been dedicated in honor of a religious or civic 23 purpose; 24 (3) Pertains to the history of the settlement of Nevada; 25 (4) Is listed in the register of historic resources of a 26 community which is recognized as a Certified Local Government 27 pursuant to the Certified Local Government Program jointly 28 administered by the National Park Service and the Office of 29 Historic Preservation of the Department; 30 (5) Is listed in the State Register of Historic Places 31 pursuant to NRS 383.085 or the National Register of Historic 32 Places; or 33 – 3 – - *SB310* (6) Has been designated by the Governor as a state 1 monument pursuant to NRS 407.120. 2 Sec. 2. Chapter 206 of NRS is hereby amended by adding 3 thereto a new section to read as follows: 4 1. Unless a greater criminal penalty is provided in NRS 5 206.330, a person who willfully vandalizes, defaces, destroys or 6 damages a monument that is located on state lands or any other 7 publicly owned land is guilty of a gross misdemeanor. In addition 8 to any other penalty, the court shall order the person to pay 9 restitution. 10 2. As used in this section, “monument” means a statue, 11 plaque, memorial or other structure intended to be permanently 12 displayed and maintained that: 13 (a) Has been dedicated in honor of any historic conflict, 14 historic entity, historic event, historic figure or historic 15 organization including, without limitation, a historic conflict, 16 entity, event, figure or organization pertaining to the history of the 17 Indian tribes in Nevada; 18 (b) Has been dedicated in honor of a religious or civic 19 purpose; 20 (c) Pertains to the history of the settlement of Nevada; 21 (d) Is listed in the register of historic resources of a community 22 which is recognized as a Certified Local Government pursuant to 23 the Certified Local Government Program jointly administered by 24 the National Park Service and the Office of Historic Preservation 25 of the State Department of Conservation and Natural Resources; 26 (e) Is listed in the State Register of Historic Places pursuant to 27 NRS 383.085 or the National Register of Historic Places; or 28 (f) Has been designated by the Governor as a state monument 29 pursuant to NRS 407.120. 30 Sec. 3. NRS 381.225 is hereby amended to read as follows: 31 381.225 1. It is unlawful for any person to commit vandalism 32 upon any historic or prehistoric sites, natural monuments, 33 speleological sites and objects of antiquity, or to write or paint or 34 carve initials or words, or in any other way deface, any of those 35 objects, Indian paintings or historic buildings. 36 2. Unless a greater penalty is provided in NRS 206.125 or 37 206.330, or section 2 of this act, a person violating the provisions of 38 subsection 1 is guilty of a public offense proportionate to the value 39 of the property damaged or destroyed as set forth in NRS 193.155. 40 H