S.B. 310
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SENATE BILL NO. 310–SENATOR ELLISON
MARCH 10, 2025
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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.
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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
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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
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(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
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