AB 1 — Ratifies certain technical corrections made to NRS and Statutes of Nevada. (BDR S-12)

A.B.Assembly Bill No.

11–Committee Aof SSEMBLYthe BILLWhole NOCHAPTER.......... .

1–COMMITTEE OF THE W HOLE PREFILED JULY 30, 2020 ____________ Referred to Committee of the Whole SUMMARY—Ratifies certain technical corrections made to NRS and Statutes of Nevada.

(BDR S-12) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Sections 1-3 of this bill correct an error in chapter 255, Statutes of Nevada 2019 (A.B.

431 revised the right to vote of convicted personslimitation, so that any convicted person who is notplaced incarcerated,on including,probation, withoutgranted parole, granted a pardon or released from prison after completing a sentence of imprisonment, istedis a pardon immediately restored to the right to vote.

NRS 293.540 also was codified so that it is clear that a person’s right to vote may only be suspended if the person is incarcerated.

431, which is added to NRS as a reviser’s note, wasiswas codified to clarify that any person convicted before the effective date of the bill who is not incarcerated and has not already had his or her right to vote restored, is restored to the right to vote.

Section 4 of this bill corrects an error in chapter 600, Statutes of Nevada 2019 (S.B.

151 increases the period for a tenant to act after receiving a notice to pay rent or surrender the premises from at or before noon on the fifth full day to before the close of business of the court that hasforehas jurisdiction on the seventh judicial day.

To correct this technical error, section 4 amends NRS 40.2512 to include the applicable periods - *AB1* – 2 – within which a tenant who is in default in the payment of rent is required to pay the required rent or surrender the premises.

Sections(S.B. 5-7 of this bill correct an error in chapter 611, Statutes of Nevada an Internet lender that makes loans exclusively through the Internet from:

161), at pages 3997-99.

Sections 42.5, 43.3 and 43.7 of S.B.

161 exempt an Internet lender that makes loans exclusively through the Internet from:

and (2) the prohibition set forth in NRS 675.230 against conducting the business of making loans in the same office or place of business at which certain other types of business are conducted.

161 to use the term “Internet business lender” and define the term “Internet business lender” to mean “a person who makes business loans exclusively through the Internet.” THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

- 32nd Special Session (2020) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

[(c) Two years after the date of his or her release from prison, is restored to the right to vote if the person hashasm previously been convicted in this State:

- *AB1* – 3 – [(e)] (4) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.

(d)- Of32nd anSpecial offenseSession involving(2020) the– use3 of– force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her release from prison.

(a) That the person has been released from prison;

A person who has been released from prison in this State or elsewhere and whose official documentation of his or - *AB1* – 4 – her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.

- 32nd Special Session (2020) – 4 – (a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection [3;] 2;

or (b) A court order restoring his or her civil rights,  as proof that the person has been restored to the civil rights set forth in subsection 1.

has been restored to the civil rights Sec.

(a) If the county clerk has personal knowledge of the death of the person oris iffiled anin authenticatedthe certificatecounty ofclerk’s office.the (b) If the deathcounty clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person islacks filedthe mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the countyvoting clerk’sprocess. office.

(b)(c) IfUpon the countydetermination clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lackshas thebeen mentalconvicted capacityof to vote because he or she cannot communicate, with or without accommodations, a specificfelony desire[unless: to participate in the voting process.

- *AB1* – 5 – (c) Upon the determination that the person has been convicted of a felony [unless:

(2) If the person was convicted of a felony in another state, the right to vote of the person has been restored pursuant- to32nd theSpecial lawsSession of(2020) the– state5 in– which the person was convicted.] and is currently incarcerated.

the person was (d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

(i) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’sSec. office.

Sec.