North Carolina 2017-2018 Session Status: Enacted

SB 415 — Clarify Def'n. of Collection Agency.

Last action — Signed by Gov. 7/20/2017

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 28, 2017. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 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.

Bill Text

What changed in the latest version

9 added · 45 removed

Plain-language change summary

The latest version of Senate Bill 415 includes a title and session information that were added to clarify its context and origin as part of the legislative process. It also removes some administrative references related to the bill's filing. These changes help ensure that the bill is accurately identified and understood by lawmakers and the public, making the legislative process more transparent.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 415 House Committee Substitute Favorable 6/20/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 415 Short Title:
Senators Bishop, Newton, and Woodard (Primary Sponsors).
March 29, 2017 A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION OF COLLECTION AGENCY TO EXCLUDE PERSONS ENGAGED IN ROUTINE BILLING SERVICES.
Rules and Operations of the Senate March 29, 2017 A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION OF COLLECTION AGENCY TO EXCLUDE PERSONS ENGAGED IN ROUTINE BILLING SERVICES.
58-70-15 reads as rewritten:
58-70-15(a) reads as rewritten:
(a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person and all persons directly or indirectly engaged in the asserting, enforcing or prosecuting of those claims.
(a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person that are delinquent at the time of solicitation, and all persons directly or indirectly engaged in the asserting, enforcing or prosecuting of those claims.claims that were delinquent at the time of solicitation." SECTION 2.
… (c) "Collection agency" does not mean:include any of the following:
(1) Regular employees of a single creditor;creditor.
(2) Banks, trust companies, or bank owned, controlled or related firms, corporations or associations engaged in accounting, bookkeeping or data processing services where a primary component of such services is the rendering of statements of accounts and bookkeeping services for creditors;firms.
(2a) Corporations or associations engaged in accounting, bookkeeping, or data processing services where a primary component of such services is the rendering of statements of accounts and bookkeeping services for creditors.
(3) Mortgage banking companies;companies.
(4) Savings and loan associations;associations.
(5) Building and loan associations;associations.
(6) Duly licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or are in connection with the broker's or agent's regular real estate business;business.
(7) Express, telephone and telegraph companies subject to public regulation and supervision;supervision.
(8) Attorneys-at-law handling claims and collections in their own name and not operating a collection agency under the management of a layman;layman.
(9) Any person, firm, corporation or association handling claims, accounts or collections under an order or orders of any court;court.
(10) A person, firm, corporation or association which, for valuable consideration purchases accounts, claims, or demands of another, which such accounts, claims, or demands of another are not delinquent at the time of such *S415-v-2* General Assembly Of North Carolina Session 2017 purchase, and then, in its own name, proceeds to assert or collect the accounts, claims or demands;demands.
(11) Any person attempting to collect or collecting claims, in that person's name, of a business or businesses owned wholly or substantially by that person;person.
(12) Any nonprofit tax exempt corporation organized for the purpose of providing mediation or other dispute resolution services;
andservices.
(13) The designated representatives of programs as defined by G.S.
110-129(5)." SECTION 2.
Page 2 Senate Bill 415-Second Edition
*S415-v-1*
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Action History

  1. Signed by Gov. 7/20/2017

  2. Ch. SL 2017-149

  3. Ratified

  4. Pres. To Gov. 6/27/2017

  5. Concurred In H/Com Sub

  6. Ordered Enrolled

  7. Regular Message Received For Concurrence in H Com Sub

  8. Placed On Cal For 06/26/2017

  9. Passed 3rd Reading

  10. Regular Message Sent To Senate

  11. Passed 2nd Reading

  12. Reptd Fav Com Substitute

  13. Cal Pursuant Rule 36(b)

  14. Placed On Cal For 06/21/2017

  15. Withdrawn From Com

  16. Re-ref Com On Insurance

  17. Passed 1st Reading

  18. Ref To Com On Rules, Calendar, and Operations of the House

  19. Regular Message Sent To House

  20. Regular Message Received From Senate

  21. Reptd Fav

  22. Placed on Today's Supplemental Calendar

  23. Passed 2nd Reading

  24. Passed 3rd Reading

  25. Reptd Fav

  26. Re-ref Com On Rules and Operations of the Senate

  27. Withdrawn From Com

  28. Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

  29. Passed 1st Reading

  30. Ref To Com On Rules and Operations of the Senate

  31. Filed

Sponsors

  • Woodard · Cosponsor
  • Bishop · Primary
  • Newton · Primary

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

  • Bishop
  • Newton

Co-sponsors (1)

  • Woodard

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 47 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 31002
Republican 9001
Total 47003
% of votes cast 94%0%0%6%
How each member voted (50)
Member Party Vote
McKissick — Yea
Pate — Yea
Randleman — Yea
Tarte — Yea
Woodard — Yea
Ballard — Yea
Barefoot — Yea
Brock — Yea
Foushee — Not Voting
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
Barringer — Yea
Bishop — Yea
Bryant — Yea
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Krawiec — Yea
Meredith — Yea
Rabin — Yea
Tillman — Yea
Wade — Yea
Wells — Yea
Horner — Not Voting
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 70006
Democratic 14001
Republican 26002
U 1000
Total 111009
% of votes cast 93%0%0%8%
How each member voted (120)
Member Party Vote
McElraft — Yea
Michaux — Yea
Millis — Yea
Rogers — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
Hardister — Not Voting
G.Adcock — Yea
L.Bell — Yea
Autry — Yea
Beasley — Yea
Black — Yea
DuaneHall — Yea
C.Graham — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
Bradford — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Dollar — Yea
Earle — Yea
Elmore — Yea
Henson — Yea
Holley — Yea
Horn — Yea
Hunter — Yea
Hurley — Yea
Insko — Yea
Jordan — Yea
Lewis — Yea
Lucas — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Terry — Yea
Wray — Yea
Stone — Yea
R.Turner — Yea
W.Richardson — Not Voting
S.Martin — Not Voting
Goodman — Not Voting
Grange — Not Voting
Hanes — Not Voting
Presnell — Yea
Saine — Yea
Speciale — Yea
Steinburg — Yea
Williams — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Not Voting
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Not Voting
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Not Voting
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 415?
SB 415 is sponsored by Woodard, Bishop, and Newton.
What is the current status of SB 415?
This bill has been enacted into law. Introduced March 28, 2017. Enacted.
Where can I track SB 415?
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