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

Under existing law, upon the recommendation of the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources and the Director of the Department, the Governor is authorized to, by proclamation, designate any site, place or building located on any publicly owned land, or any land in the State held by the Division under lease or permit, as a state park, state monument or recreational area. (NRS 407.120) Section 1 of this bill: (1) prohibits a governmental agency from removing or destroying a monument that is located on state lands or any other publicly owned land unless the removal or destruction of the monument is approved by the Governor; and (2) excepts from that prohibition the relocation of such a monument by a governmental agency to a site of similar prominence, honor, visibility and access. Existing law provides that a person who unlawfully places graffiti on or otherwise defaces the public or private property of another without the permission of the owner is guilty of a misdemeanor, gross misdemeanor or felony, depending on the value of the loss of the property and the nature of the property. Specifically, existing law provides that a person who commits such acts on any protected site, which includes certain sites, landmarks, buildings, structures and objects of historical significance, is guilty of a category D felony. (NRS 206.330) Section 2 of this bill provides that, unless a greater criminal penalty is provided in existing law, a person who willfully vandalizes, defaces, destroys or damages a monument that is located on state land or any other publicly owned land is guilty of a gross misdemeanor. Section 3 of this bill requires a court to, in addition to any other penalty, order such a person to pay restitution. Section 3 also makes a conforming change to provide that, under certain circumstances, the penalty set forth in section 2 is applicable to a person who commits vandalism upon certain sites and objects of historical significance. (NRS 381.225)