Student loans; licensing of qualified education loan servicers, civil penalties, report.
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HB 10 — Student loans; licensing of qualified education loan servicers, civil penalties, report.
Last action — Enacted, Chapter 1198 (effective - see bill)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Qualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, savings institutions, credit unions, nonprofit institutions of higher education, and farm credit systems are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower or notification of such payments; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; (iii) during a period when no payment is required on a qualified education loan, maintaining account records and communicating with the qualified education loan borrower; and (iv) interacting with a student loan borrower, including conducting activities to help prevent default. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) misapplying loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500 and are prohibited practices under the Virginia Consumer Protection Act. The bill has a delayed effective date of July 1, 2021, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning March 1, 2021. This bill is identical to SB 77.
Bill Text
What changed in the latest version
42 added · 32 removedPlain-language change summary
The updated version of Bill HB 10 includes new provisions concerning the roles of executive directors in behavioral health authorities, allowing them to assess individuals' suitability for various employment and service roles. It also clarifies the circumstances under which information can be shared about individuals in certain legal contexts, ensuring that only minimal personal details are disclosed. These changes matter because they aim to enhance the accountability and transparency of services related to public safety and health while protecting personal privacy.
SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 1198ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 19.2-389, as it is currently effective and as it shall become effective, and 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.2 a chapter numbered 26, consisting of sections numbered 6.2-2600 through 6.2-2622, relating to student loans;
[H 10] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
Violating any provision of the Virginia Travel Club Act, Chapter 36 (§ 59.1-445 et seq.);
View plain text versions (6)
- Enrolled Reenrolled bill text (HB10ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1198) View text Current html April 22, 2020
- Bill text as passed House and Senate (HB10ER) View text html March 02, 2020
- Committee Substitute Engrossed by Senate - committee substitute HB10S1 html February 25, 2020
- Committee Substitute Engrossed by House - committee substitute with amendments HB10EH1 html January 24, 2020
- HB10H1 View text html January 21, 2020
Action History
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Enacted, Chapter 1198 (effective - see bill)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB10ER2)
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Reenrolled
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (40-Y 0-N)
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Reconsideration of Governor's recommendation agreed to (38-Y 1-N)
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Senate concurred in Governor's recommendation (40-Y 0-N)
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VOTE: (75-Y 18-N)
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House concurred in Governor's recommendation (75-Y 18-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 12, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB10ER)
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Enrolled
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Senate substitute agreed to by House 20108860D-S1 (79-Y 14-N)
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Impact statement from DPB (HB10S1)
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Passed Senate with substitute (39-Y 1-N)
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Engrossed by Senate - committee substitute HB10S1
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Committee substitute agreed to 20108860D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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VOTE: Adoption (79-Y 14-N)
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Committee substitute printed 20108860D-S1
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Reported from Finance and Appropriations with substitute (15-Y 0-N)
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Rereferred to Finance and Appropriations
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Rereferred from Commerce and Labor (15-Y 0-N)
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Impact statement from DPB (HB10EH1)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Passage (84-Y 15-N)
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Read third time and passed House (84-Y 15-N)
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Printed as engrossed 20104524D-EH1
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Engrossed by House - committee substitute with amendments HB10EH1
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Amendments by Delegate Simon agreed to
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Committee substitute agreed to 20104524D-H1
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Read second time
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Read first time
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Committee substitute printed 20104524D-H1
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Reported from Labor and Commerce with substitute (17-Y 3-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/08/20 20100770D
Sponsors
- Marcus B. Simon · Primary
- Marcia S. "Cia" Price · Cosponsor
- Janet D. Howell · Cosponsor
- Mark H. Levine · Cosponsor
- Mark L. Keam · Cosponsor
- Chris L. Hurst · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on · 24 voted No
Sponsors (1)
Co-sponsors (5)
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 1 | 0 | 1 |
| Total | 38 | 1 | 0 | 1 |
| % of votes cast | 95% | 3% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 74 | 18 | 0 | 7 |
| Total | 74 | 18 | 0 | 7 |
| % of votes cast | 75% | 18% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 78 | 14 | 0 | 7 |
| Total | 78 | 14 | 0 | 7 |
| % of votes cast | 79% | 14% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 15 | 0 | 1 |
| Total | 83 | 15 | 0 | 1 |
| % of votes cast | 84% | 15% | 0% | 1% |
How each member voted (99)
| Member | Party | Vote |
|---|---|---|
| Avoli, G. "John" | — | Yea |
| Ayala, Hala S. | — | Yea |
| Batten, Amanda E. | — | Yea |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Brewer, Emily M. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Not Voting |
| Carter, Lee J. | — | Yea |
| Cole, Mark L. | — | Nay |
| Collins, Christopher E. | — | Yea |
| Cox, M. Kirkland | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Edmunds, James E., II | — | Nay |
| Fariss, C. Matthew | — | Nay |
| Freitas, Nicholas J. | — | Nay |
| Gilbert, C. Todd | — | Nay |
| Gooditis, Wendy W. | — | Yea |
| Guy, Nancy D. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Hurst, Chris L. | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| LaRock, Dave A. | — | Nay |
| Levine, Mark H. | — | Yea |
| Lindsey, Joseph C. | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Miyares, Jason S. | — | Yea |
| Mugler, Martha M. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Murphy, Kathleen | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Poindexter, Charles D. | — | Nay |
| Ransone, Margaret B. | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Rush, Nick | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Subramanyam, Suhas | — | Yea |
| Tyler, Roslyn C. | — | Yea |
| Wampler, William C., III | — | Yea |
| Alex Q. Askew | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Barry D. Knight | — | Yea |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| Chris S. Runion | — | Yea |
| Christopher T. Head | — | Yea |
| Dan I. Helmer | — | Yea |
| Danica A. Roem | — | Yea |
| David A. Reid | — | Yea |
| David L. Bulova | — | Yea |
| Delores L. McQuinn | — | Yea |
| Don Scott | — | Yea |
| Elizabeth R. Guzman | — | Yea |
| Garrett McGuire | — | Nay |
| Hyland F. "Buddy" Fowler, Jr. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jeion A. Ward | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Joseph P. McNamara | — | Nay |
| Joshua G. Cole | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Kelly K. Convirs-Fowler | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Mark D. Sickles | — | Yea |
| Michael J. Webert | — | Yea |
| Patrick A. Hope | — | Yea |
| Paul E. Krizek | — | Yea |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Wyatt | — | Nay |
| Shelly A. Simonds | — | Yea |
| Terry G. Kilgore | — | Yea |
| Terry L. Austin | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Tony O. Wilt | — | Nay |
| Vivian E. Watts | — | Yea |
| Wendell S. Walker | — | Yea |
| Will Davis | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 3 | 0 | 2 |
| Total | 17 | 3 | 0 | 2 |
| % of votes cast | 77% | 14% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Kory, Kaye | — | Yea |
| Keam, Mark L. | — | Yea |
| Lindsey, Joseph C. | — | Yea |
| Heretick, Steve E. | — | Not Voting |
| Mullin, Michael P. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Ayala, Hala S. | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Alfonso H. Lopez | — | Yea |
| Christopher T. Head | — | Yea |
| Elizabeth R. Guzman | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Jeion A. Ward | — | Yea |
| Lamont Bagby | — | Yea |
| Michael J. Webert | — | Not Voting |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Nay |
Subjects
Frequently asked questions
- What does HB 10 do?
- Qualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, savings institutions, credit unions, nonprofit institutions of higher education, and farm credit systems are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower or notification of such payments; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; (iii) during a period when no payment is required on a qualified education loan, maintaining account records and communicating with the qualified education loan borrower; and (iv) interacting with a student loan borrower, including conducting activities to help prevent default. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) misapplying loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500 and are prohibited practices under the Virginia Consumer Protection Act. The bill has a delayed effective date of July 1, 2021, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning March 1, 2021. This bill is identical to SB 77.
- Who sponsors HB 10?
- HB 10 is sponsored by Marcus B. Simon, Marcia S. "Cia" Price, Howell, Janet D., Levine, Mark H., Keam, Mark L., and Hurst, Chris L..
- What is the current status of HB 10?
- This bill has been enacted into law. Introduced November 18, 2019. Enacted.
- Where can I track HB 10?
- Track HB 10 free on One Click Politics — get push/email alerts when it moves.
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