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Automatic voting rights restoration, payday lending database bills pass legislative hurdles

Riley Snyder
Riley Snyder
Megan Messerly
Megan Messerly
Michelle Rindels
Michelle Rindels
Legislature
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Sign in front of the legislature

Bills automatically restoring voting rights for anyone released from prison, allowing noncitizens to apply for occupational licenses and creating a statewide payday loan database all passed out of the Legislature on Wednesday, with only days left until the next legislative deadline.

Legislators in total approved nearly 40 bills, including measures to extend the length of temporary protective orders, asthma drug pricing transparency and two measures aimed at addressing the state’s lack of affordable housing.

Despite Friday’s deadline for bills to pass out of their second house, lawmakers have scheduled major hearings on at least two major bills — a joint Assembly and Senate Growth and Infrastructure Committee will hear details of SB547, which would overhaul the process of how large businesses can apply to leave NV Energy for another electric provider, and the Assembly Taxation Committee will hold the first hearing on AB538, which removes a scheduled decrease in the state’s payroll tax rate.

Here’s a look at what bills passed Wednesday.

AB431: Automatic restoration of voting rights

A bill by Assembly Speaker Jason Frierson that would allow for the automatic restoration of voting rights immediately after a person is released from prison drew heated debate and a party-line 13-8 vote.

The bill would remove the current statutory structure for the restoration of voting rights, where voting rights for released prisoners must be restored by a judge if the person was convicted of high-level or violent felonies.

Republican lawmakers, including Sen. Ira Hansen, opposed the bill by highlighting the numerous violent or sexually based crimes that, if a person is convicted of and released from prison, currently requires judicial approval for restoration of voting rights.

“We have Category A and B felonies for a reason. These are the most violent people, and we should not act like this is simply a restoration of a civil right that has been unfairly denied,” Hansen said. “The idea that we automatically do this, the people who have committed the most heinous, terrible crimes to children, to vulnerable senior citizens, to women, just blows my mind we would consider this at this point.”

Democratic lawmakers bristled at suggestions that the formerly incarcerated needed to regain the right to vote, citing statistics showing that tens of thousands of Nevadans were unable to cast a ballot in the 2016 election because they were disqualified due to a prior felony conviction.

“This bill is about people’s constitutional right to vote,” Democratic Sen. Melanie Schieble said. “To suggest that that right is earned is misplaced and is a mischaracterization of the founding of our country and of our state. Because the right to vote is not a privilege, it is not earned, we do not demonstrate that we are worthy of casting a ballot.”

The bill previously passed the Assembly on a 32-9 vote on April 23. The bill now heads to Gov. Steve Sisolak.

AB275: Noncitizens can apply for occupational licensing

Senators voted 19-2 on AB275, which would allow any person who is not a citizen but is authorized to work in the United States under a federal law or program to apply for a professional or occupational license.

Democratic Assemblywoman Selena Torres, who is sponsoring the bill, has argued that an occupational license simply proves competence in a trade and that an employer at the time of hiring has the responsibility to check whether the person has proper authorization to work in the U.S. It passed the Assembly on a 29-12 vote on April 23.

AB252: Community living arrangements

Senators voted to unanimously approve a bill that would make a number of different changes to community-based living arrangement homes following an audit last year that revealed deplorable conditions in many of the homes. It also passed the Assembly unanimously last month.

Among the changes the legislation makes, employees who work in the homes would be required to be able to communicate with residents to whom they provide services, children of employees would be barred from living in the homes, and the facilities would no longer be able to treat people with developmental disabilities. Those individuals would instead be required to be treated by providers that hold a certificate to provide supported living arrangement (SLA) services.

AB410: Extending duration of restraining orders

Members of the Senate voted unanimously to approve a bill by Republican Assemblywoman Lisa Krasner that allows for longer temporary court orders of protection against domestic violence or stalking, aggravated stalking, or harassment.

The bill, which also passed unanimously in the Assembly on April 16, extends the maximum length of an initial protective order from 30 days to 45 days.

AB363: Free driver’s license and documents for homeless

Senators voted unanimously to pass AB363, sponsored by the late Assemblyman Tyrone Thompson, that would require the Department of Motor Vehicles to waive fees if a homeless person requests a replacement license, allow homeless individuals to receive free birth certificate copies and waive fees for driver’s license tests if the applicant is homeless.

All legislators were added as cosponsors to the bill in honor of Thompson, who passed away suddenly earlier this month.

SB103 + SB104: Affordable housing bills

Members of the Assembly approved two bills designed to increase access and remove barriers to affordable housing programs.

The first, SB103, authorizes local governments in Clark and Washoe Counties to reduce or subsidize development impact fees for certain affordable housing developments, as long as they meet certain conditions including holding a public hearing and determining the reduced impact fees won’t affect the municipal governments’ bond status. It passed the Assembly on a 36-4 vote.

Assembly members also voted unanimously to approve SB104, which requires more local governments to submit information on a low-income housing database maintained by the state.

SB201: Payday loan database

Assembly members voted 28-12 to approve SB201, a bill sponsored by Democratic Sen. Yvanna Cancela that would create a state-managed payday loan database. The bill attracted fierce opposition from the high interest, short-term loan industry, and all Republicans voted against it.

“Some of our constituents just don’t have the friends, family or church to borrow from in times of absolute need for some short term funding, we need to protect them in the short-term lending process, mostly from turning to illegal online or offshore black markets,” said Republican Assembly Leader Jim Wheeler. “SB201 is going to tighten up credit opportunities for low-income families and our young professionals.”

SB262: Asthma pricing transparency

The Assembly voted on party lines, 28-12, to approve a bill sponsored by Democratic state Sen. Yvanna Cancela that would expand the state’s drug pricing transparency law from only diabetes drugs to asthma drugs, too. The bill cleared the Senate last month 19-2, with Republican state Sens. Ira Hansen and Joe Hardy in opposition.

The legislation will require manufacturers of essential asthma drugs to submit certain pricing information to the state and, if the price of the drug has increased by more than a certain amount in the past year or two, explain to the state why the price of the drug increases, including detailing how much they spent on manufacturing, advertising and administering the sale of the drug and how much they retained in profits.

It also will require pharmacy benefit managers, who operate as middlemen in the drug pricing process, to submit certain information to the state on the rebates they keep and profits they make on the sale of essential asthma drugs.

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