AB 21 — Revises provisions related to persons engaged in the transmission of money and certain related activities. (BDR 55-273)

Section 65 of this bill requires that consideration of the in- applying82nd andSession construing(2023) the– provisions4 of– thisneed bill.oneyto transmissionpromote beuniformity given Section 83 of thisthe billlaw authorizeswith arespect person who is licensed on June 30, 2023, to engagemoney in the business of selling or issuing checks or of receiving for transmission moneybe orgiven credits to continue engaging in suchapplying businessand inconstruing accordance with the provisions of existingthis lawbill. as they existed before July 1, 2023, until January 1, 2024.

Sectionengage 84in repealsthe certainbusiness provisionsof relatingselling toor anissuing agentchecks or of areceiving licensee, certain qualifications for licensuretransmission andmoney certainor requirementscredits imposedto oncontinue licenseesengaging andin theirsuch “Nationwidebusiness Multistatein Licensingaccordance Systemwith and Registry.” Sections 14 and 22 of this bill, respectively, reenact the definitionsprovisions of “licensee”existing andlaw “Nationwideas Multistatethey Licensingexisted Systembefore andJuly Registry.”1, Section2023, 1until ofJanuary this1, bill2024. makes a conforming change to reflect the terminology used to describe persons licensed to engage in the business of money transmission as set forth in this bill.

Section 84 repeals certain provisions relating to an agent of a licensee, certain agents.

Section 84 also repeals the definition of “check,” “licensee” ands and their “Nationwide Multistate Licensing System and Registry.” Sections 14 and 22 of this bill, respectively, reenact the definitions of “licensee” and “Nationwide Multistate Licensing System and Registry.” Section 1 of this bill makes a engage in the business of money transmission as set forth in this bill.icensed to EXPLANATION – Matter in bolded italics is new;

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

- *AB21_R1* – 5 – (c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;

2.- 82nd Session (2023) – 5 – assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions.

The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions.

or (b)4. Any other reasonable basis adopted by the Commissioner.

4.

- *AB21_R1* – 6 – Sec.

“Authorized delegate” means a person designated by a licensee to engage in money transmission on behalf of the licensee.licSec.

Sec.

- 82nd Session (2023) – 6 – Sec.

“Closed loop stored value” means stored valued that is redeemable by the issuer only for goods or services provided by the issuer, its affiliate or a franchisee of the issuer or its affiliate, except to the extent required by applicable law to be redeemable ininliate, cash for its cash value.

For the purposes of this subsection, “immediate family member” means - *AB21_R1* – 7 – the spouse, parent, child, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in-law of a person and any person who shares the home of the person.

- 82nd Session (2023) – 7 – Sec.

“Federally insured depository financial institution” means a bank, credit union, savings and loan association, savings association, savings bank, industrial bank or industrial loanloanings company organized under the laws of any state or of the United States, when the bank, credit union, savings and loan association, savings association, savings bank, industrial bank or industrial loan company has deposits which are federally insured.

The term includes a monetary unit of account establishedbetween bytwo anor intergovernmentalmore governments.tal organization or by agreement betweenSec. two or more governments.

- *AB21_R1* – 8 – Sec.

- 82nd Session (2023) – 8 – (c) Receiving money or credits for transmission from a person located in this State.

The term does not include the provision solely of online or telecommunicationstelSec. services or network access.

Sec.

2.United States if the person is located in any state, territory orthe possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a United States military installation that is located in a foreign county.

For the purposes of this section, a person is located in the United States if the person is located in any state, territory or possession of the United States, the District of Columbia, the - *AB21_R1* – 9 – Commonwealth of Puerto Rico or a United States military installation that is located in a foreign county.

- 82nd Session (2023) – 9 – (a) Attests to the characteristics set forth in subsections 1, 2 and 3 in a form prescribed by the Commissioner;

Sec.electronic check, draft, money order, traveler’s check or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable.

25.

1.

“Payment instrument” means a written or electronic check, draft, money order, traveler’s check or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable.

“Person” means any natural person, general partnership, limited partnership, limited liability company, corporation, trust, association, joint stock corporation or other corporatecorSec. entity identified by the Commissioner.

Sec.

“Privately insured depository financial institution” means a credit union, thrift company or industrial loan company organized and regulated under the laws of this State, when such a credit union or thrift company has deposits which are insured by a - *AB21_R1* – 10 – private insurer approved by the Commissioner and the Commissioner of Insurance.

- 82nd Session (2023) – 10 – 2.

The term does not include a payment instrument, closed loop stored value or monetary value described in subsection 1 that is not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program.

distributed as part of a Sec.

and (b) Any other information contained in the records of the provider of money transmission which indicate the location of the person, including, without limitation, an address associated with an account.

The Commissioner may, by regulation or order, exempt a person who is not specified in NRS 671.020 from the provisions of this chapter if the Commissioner determines that the - *AB21_R1* – 11 – exemption is in the public interest and the regulation of the person is not necessary for the purposes of this chapter.

- 82nd Session (2023) – 11 – (a) Enter into agreements or relationships with other governmental officials, federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures and sharingthis resources,chapter;rces, records or related information obtained under (b) Use, hire, contract or employ analytical systems, methods or software to examine or investigate any person subject to this chapter;

(b) Use, hire, contract or employ analytical systems, methods or software to examine or investigate any person subject to this chapter;

(b) Any information contained in or related to an operating report or condition report prepared by, on behalf of or for the use of the(c) Commissioner;Any financial statement or balance sheet of a licensee or authorized delegate.

and (c) Any financial statement or balance sheet of a licensee or authorized delegate.

and - *AB21_R1* – 12 – (b) To any person if the Commissioner finds that justice and the public advantage will be served by the disclosure of the information.

The Commissioner may make available to the public on the Internet website of the Division of Financial Institutions, upon receipt by the Division of Financial Institutions of a written - 82nd Session (2023) – 12 – request or in the Registry, any information in the records of the Division of Financial Institutions that is not confidential, including, without limitation:

(a) The name, business address, telephone number and unique identifieride(b) The business address of the registered agent of a licensee who has been designated to receive service on behalf of the licensee;

(b) The business address of the registered agent of a licensee who has been designated to receive service on behalf of the licensee;

(b) Entered into a written contract with the authorized delegate that complies with subsection 3;

andandct with the authorized delegate (c) Conducted a reasonable risk-based background investigation sufficient for the licensee to determine whether the authorized delegate has complied with and likely will comply with applicable state and federal laws.

- *AB21_R1* – 13 – (a) Appoint the person proposed to be an authorized delegate who is signing the contract as the authorized delegate of the licensee with the authority to conduct money transmission on behalf of the licensee;

- 82nd Session (2023) – 13 – (b) Set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights and responsibilities of the parties;

(c) Require the authorized delegate to agree to comply fully with all applicable state and federal laws, rules and regulations pertaining to money transmission, including, without limitation,limitation,s the provisions of this chapter, the regulations adopted pursuant thereto and the relevant provisions of the Bank Secrecy Act and the USA Patriot Act;

and (i) Acknowledge receipt of the written policies and procedures requiredreq4.reIf bythe subsectionlicense 1.of a licensee is suspended, revoked, surrendered or expired, the licensee must, within 5 business days after the date on which such action occurred, provide documentation to the Commissioner that the licensee has notified all applicable authorized delegates of the licensee whose names are in a record filed with the Commissioner of the suspension, revocation, surrender or expiration of the license.

4.

If the license of a licensee is suspended, revoked, surrendered or expired, the licensee must, within 5 business days after the date on which such action occurred, provide documentation to the Commissioner that the licensee has notified all applicable authorized delegates of the licensee whose names are in a record filed with the Commissioner of the suspension, revocation, surrender or expiration of the license.

If any authorized delegate commingles any money - *AB21_R1* – 14 – or credits received from money transmission with any other money or property owned or controlled by the authorized delegate, - 82nd Session (2023) – 14 – all commingled money and other property shall be considered held in trust in favor of the licensee in an amount equal to the amount of money net of fees received from money transmission.

An authorized delegate may not use a subdelegate to conductcon7.ct moneyAs transmissionused onin behalfthis section, “remit” means to make direct payments of money, credits or monetary value to a licensee.licensee or its representative authorized to receive money or to deposit money in an account specified by the licensee in a bank or credit union authorized to do business in this State.

7.

As used in this section, “remit” means to make direct payments of money, credits or monetary value to a licensee or its representative authorized to receive money or to deposit money in an account specified by the licensee in a bank or credit union authorized to do business in this State.

If a court issues an order prohibiting a person from acting as an authorized delegate for any licensee pursuant to subsection 1, the(a) licenseeThe thatCommissioner broughtwithin the30 actiondays shallafter reportentry of the orderorder;o: to:

(a) The Commissioner within 30 days after entry of the order;

A licensee shall forward all money or credits received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the - *AB21_R1*82nd Session (2023) – 15 – sender may be a victim of fraud or that a crime or violation of law, rule or regulation has occurred, is occurring or may occur.occur.n of law, 2.

2.

(b) Instructions have been given committing an equivalent amount of money or credit to the person designated by the sender within 10 days of the date on which the money or credit was received for transmission.

on which the money or credit was (c) The agreement between the licensee and the sender instructs the licensee to forward the money or credits at a time that is beyond 10 days after the date on which the money or credits were received for transmission.

or (2) If the sender has multiple transactions pending with the licensee, identify the particular transaction to be refunded.refunded.h the 2.

2.

- 82nd Session (2023) – 16 – Sec.

For a - *AB21_R1* – 16 – transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt.

Each licensee and authorized delegate shall include on a receiptmobile requiredapplication byof thisthe sectionlicensee or onauthorized thedelegate:e Internetor website(a) orThe mobilename applicationand phone number of the licenseeDivision orof authorizedFinancial delegate:Institutions;

(a) The name and phone number of the Division of Financial Institutions;

- 82nd Session (2023) – 17 – 5.

(b) “Unique identifier” has the meaning ascribed to it in NRSNRSSec. 671.099.

- *AB21_R1* – 17 – Sec.

Except for the permissible investments specified in subsection 1 of section 46 of this act, the Commissioner, with respect to any licensee, may limit the extent to which a specific investment maintained by a licensee within a class of permissible investments may be considered a permissible investment if the specific investment represents an undue risk to customers not reflected in the market value of investments.investments.to customers not 3.

3.

- 82nd Session (2023) – 18 – 4.

5.subsection 3 or when any money is drawn on a letter of credito pursuant to section 47 of this act, the Commissioner shall notify the applicable regulator of each other state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the trust or the money drawn on the letter of credit.

Upon the establishment of a statutory trust pursuant to subsection 3 or when any money is drawn on a letter of credit pursuant to section 47 of this act, the Commissioner shall notify - *AB21_R1* – 18 – the applicable regulator of each other state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the trust or the money drawn on the letter of credit.

The Commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a types of permissible investment.

(b) Cash equivalents, including, without limitation, automated clearinghouse items in transit to the licensee and automated clearinghouse items or international wires in transit to a payee, cash in transit by means of an armored car, cash in smart safes, cash in locations owned by the licensee, transmission receivables which are funded by a debit card or credit card and owed by any bank or money market mutual funds rated “AAA” by Standard and- Poor’s82nd CreditSession Rating(2023) Services– or19 the– equivalent from any eligible rating service;

Services or the equivalent from any (c) Certificates of deposit or senior debt obligation of an insured depository institution, as defined in 12 U.S.C.

- *AB21_R1* – 19 – (e) An obligation that is guaranteed fully as to principal and interest by the United States;

(1) Stipulates that the beneficiary need only draw a sight draft under the letter of credit and present it to obtain money up to the letter of credit amount within 7 days of presentation of the items required by section 47 of this act;

andandpresentation of the (2) Satisfies the requirements set forth in section 47 of this act;

(1) The total value of all such receivables may not exceed 50 percent of the aggregate value of the total permissible investments of the licensee;

and (2) The value of such receivables that are payable to a licensee from a single authorized delegate may not exceed 1010a percent of the aggregate value of the total permissible investments of a licensee;

- 82nd Session (2023) – 20 – (4) United States tri-party repurchase agreements collateralized at 100 percent or more with securities of the United States or an agency of the United States, municipal bonds or other securities bearing an eligible rating;

(5) Money market mutual funds rated “A-” or higher but less than “AAA” by Standard and Poor’s Credit Rating Services or the equivalent from any other eligible rating service;

and (6) A mutual fund or other investment fund composed solely and exclusively of one or more investments specified in paragraphs (a) to (f), inclusive, of subsection 1, - *AB21_R1* – 20 –  except that the value of any single investment specified in subparagraphs (1) to (6), inclusive, may not exceed 20 percent of the aggregate value of the total permissible investments of the licensee and the total value of all such investments may not exceed 50 percent of the total permissible investments of the licensee;

(3) Is not located in any country subject to sanctions from the Office of Foreign Asset Control of the United States DepartmentDepart(4) Is not located in a jurisdiction that is listed on the list of high-risk jurisdictions subject to a call for action or jurisdictions under increased monitoring maintained by the Treasury;Financial Action Task Force,  except that the total amount of such cash may not exceed 10 percent of the aggregate value of the total permissible investments of the licensee.

and (4) Is not located in a jurisdiction that is listed on the list of high-risk jurisdictions subject to a call for action or jurisdictions under increased monitoring maintained by the Financial Action Task Force,  except that the total amount of such cash may not exceed 10 percent of the aggregate value of the total permissible investments of the licensee.

(a) Be issued by a federally insured depository financial institution, privately insured depository institution, a foreign bank that is authorized by federal law to maintain a federal agency or federal branch office in a state or a foreign bank that is authorized under- the82nd lawsSession of(2023) a– state21 to– maintain a branch office in a state that:

the laws of a state to maintain a branch office in a state (1) Bears an eligible rating or whose parent company bears an eligible rating;

- *AB21_R1* – 21 – (c) Not contain any reference to any other agreement, document or entity, or otherwise provide for any security interest in the licensee;

(d) Contain an issue date and expiration date, and expressly provide for automatic extension, without a written amendment, for an additional period of 1 year after the present or future expiration date, unless the issuer of the letter of credit notifies the Commissioner in writing by certified or registered mail, courier mail or other receipted means, at least 60 days before anyanyourier expiration date that the irrevocable letter of credit will not be extended;

(II) The filing of a petition by or against the licensee for receivership or the commencement of any other judicial or administrative proceeding for the dissolution or reorganization of the licensee;

or (IV) The beneficiary has received notice of expiration or non-extension of a letter of credit and the licensee failed to - 82nd Session (2023) – 22 – demonstrate to the satisfaction of the beneficiary that the licensee will maintain permissible investments pursuant to subsection 2.

If the licensee notifies the Commissioner of the expiration or nonextension of a letter of credit pursuant to paragraph (d) of subsection 1, the licensee, at least 15 days before the expiration of the letter of credit, must demonstrate to the satisfaction of thethen of Commissioner that the licensee maintains and will continue to maintain permissible investments as required by section 45 of this act.

If the licensee fails to make such a demonstration, the Commissioner may draw on the letter of credit in an amount up to the amount necessary to meet the requirement that the licensee maintain permissible investments pursuant to section 45 of this - *AB21_R1* – 22 – act.

The Commissioner may participate in multistate processes designed to facilitate the issuance and administration of letters of credit, including, without limitation, services provided by the Registry and the State Regulatory Registry, LLC.LLC.provided by the Sec.

Sec.

Three percent of total assets for the first $100,000,000 in assets, 2 percent of additional assets that exceed $100,000,000 but - 82nd Session (2023) – 23 – do not exceed $1 billion and 0.5 percent of additional assets that exceed $1 billion.

Except as otherwise provided in section 52 of this act, a person or group of persons acting in concert seeking to acquire control of a licensee shall obtain the approval of the Commissioner before acquiring control of the licensee.

The Commissioner may require the application submitted pursuant to subsection 2 to be submitted through the Registry or - *AB21_R1* – 23 – allow some or all of the information contained in the application to be submitted to the Commissioner without using the Registry.

A determination by the Commissioner that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items and address all of the matters that are required and is not an assessment of the substance of the application or of thethend is sufficiency of the information provided.

and (b) The financial condition and responsibility, financial and business experience, competence, character and general fitness of the person or group of persons acting in concert seeking to acquire- control82nd ofSession a(2023) licensee– and24 the– competence, experience, character and general fitness of the key individuals and persons that would be in control of the licensee after the acquisition of control indicate that it is in the interest of the public to permit the person or group of persons acting in concert to control the licensee.

and (b) If this State is a lead investigative state in the multistate licensing process, the Commissioner may investigate the applicant - *AB21_R1* – 24 – under the time frames established by agreement through the multistatemul8.staIf licensingthe process.Commissioner denies an application for approval to acquire control of a licensee submitted pursuant to subsection 2, the Commissioner shall issue to the applicant a formal written notice of the denial not more than 30 days after the date on which the Commissioner has made the decision to deny the application.

8.

If the Commissioner denies an application for approval to acquire control of a licensee submitted pursuant to subsection 2, the Commissioner shall issue to the applicant a formal written notice of the denial not more than 30 days after the date on which the Commissioner has made the decision to deny the application.

(a) A person that acts as a proxy for the sole purpose of voting at a designated meeting of the shareholders or holders of voting shares of voting interests of a licensee of a person in control of a licensee;

voting interests of a licensee of a person in control of a (b) A person that acquires control of a licensee by devise or descent;

(e)- A82nd personSession that(2023) the– Commissioner25 determines– is not subject to this section based on the public interest;interest;nes is not subject (f) A public offering of securities of a licensee or a person in control of a licensee;

(f) A public offering of securities of a licensee or a person in control of a licensee;

Sec.acquire control of a licensee pursuant to section 50 of this act, a person may request in writing a determination from the Commissioner as to whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction.

51.

1.

Before filing an application for approval to acquire control of a licensee pursuant to section 50 of this act, a - *AB21_R1* – 25 – person may request in writing a determination from the Commissioner as to whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction.

(a) The Commissioner may accept the control determination of a state which is a lead investigative state in the multistate licensing process if the Commissioner determines that the state has sufficient staffing, expertise and minimum standards for the purposes of this section;

ande and minimum standards for the (b) If this State is a lead investigative state in the multistate licensing process, the Commissioner may investigate the person in the time frames established by agreement through the multistate licensing process.

The requirements of section 50 of this act do not apply to a person who has previously complied with and received approval to engage in money transmission pursuant to this chapter or was identified as a person in control of a licensee in a - 82nd Session (2023) – 26 – prior application filed with and approved by the Commissioner or by a money services business accredited state pursuant to a multistate licensing process, so long as:

The person has not had a license revoked or suspended or controlled a licensee that has had a license revoked or suspended while the person was in control of the licensee in the 5 yearsyearsded immediately preceding the date on which the person intends to complete the acquisition of control of a licensee;

The licensee to be acquired will not implement any material changes to its business plan as a result of the acquisition of control, and if the person acquiring control is a licensee, that - *AB21_R1* – 26 – licensee also will not implement any material changes to its business plan as a result of the acquisition of control;

Sec.the licensee shall provide to the Commissioner:ny key individual, (a) Notice in a manner prescribed by the Commissioner within days after the effective date of the addition or replacement of the key individual;

53.

1.

If a licensee adds or replaces any key individual, the licensee shall provide to the Commissioner:

(a) Notice in a manner prescribed by the Commissioner within 15 days after the effective date of the addition or replacement of the key individual;

- 82nd Session (2023) – 27 – 3.

A licensee who receives a notice of disapproval may233B.150, appealinclusive.st and request a hearing pursuant to NRS 233B.121 to 233B.150,4. inclusive.

4.

The Commissioner may participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, the Money Transmitter Regulators Association and the affiliates and - *AB21_R1* – 27 – successors thereof for all licensees that hold licenses in this State and in other states.

(a) Cooperate, coordinate and share information with other statethis andchapter;eral federal regulators in accordance with the provisions of this(b) chapter;Enter into written cooperation, coordination or information-sharing contracts or agreements with organizations whose membership consists of state or federal governmental agencies;

(b) Enter into written cooperation, coordination or information-sharing contracts or agreements with organizations whose membership consists of state or federal governmental agencies;

The Commissioner may not waive, and nothing in the provisions of this section constitutes a waiver of, the authority of the Commissioner to conduct an examination or investigation or otherwise take action authorized by the provisions of this chapter - 82nd Session (2023) – 28 – or the regulations adopted pursuant thereto to enforce compliance with applicable state or federal laws.

A joint examination or investigation or acceptance of an examination or investigation report does not waive the fee set forth in NRSSec. 671.120.

Sec.

-(a) *AB21_R1*Be –prepared 28by –an (a)independent Becertified preparedpublic accountant Commissioner.t public account who is satisfactory to the (b) Include or be accompanied by ana certificate of opinion of the independent certified public accountant or independent public accountaccountant, whoas applicable, that is satisfactory in form and content to the Commissioner.

(b) Include or be accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant, as applicable, that is satisfactory in form and content to the Commissioner.

A licensee and an authorized delegate who timely files with the appropriate federal agency- a82nd reportSession required(2023) pursuant– to29 this– section that is complete and accurate shall be deemed to comply with the requirements ofofete this section.

and (g) Any other records the Commissioner reasonably requires by regulation.2.guA licensee may maintain the records required to be maintained by subsection 1:

2.

A licensee may maintain the records required to be maintained by subsection 1:

- *AB21_R1* – 29 – Sec.

(b) The filing of a petition by or against the licensee for receivership, the commencement of any other judicial ororsee for administrative proceeding for the dissolution or reorganization of the licensee or the making of a general assignment for the benefit of the creditors of the licensee;

- 82nd Session (2023) – 30 – 2.

A licensee shall file a report with the Commissioner within 3 business days after the licensee has reason to know of the occurrence of any of the following events:

(a) A charge or conviction of the licensee or of a key individualind(b) orA personcharge inor controlconviction of thean licenseeauthorized delegate for a felony;or felony.

or (b) A charge or conviction of an authorized delegate for a felony.

The Commissioner may, by regulation, waive, modify or alter the requirements of subsection 1 towith carryreporting outrequirements the purposes of thisthe chapterRegistry.d and maintain consistency withSec. reporting requirements of the Registry.

Sec.

Each licensee shall submit to the Commissioner a report concerning each authorized delegate of the licensee - *AB21_R1* – 30 – within 45 days after the end of the calendar quarter.

- 82nd Session (2023) – 31 – (i) The date upon which the authorized delegate was designated as an authorized delegate of the licensee;

(k) Any court order concerning the licensee pursuant to section 40 of this act;

andanderning the licensee pursuant to (l) Any other information the Commissioner may reasonably require with respect to the authorized delegate.

or (f)unsound Thepractice.ized authorized delegate has engaged in an unsafe or unsound2. practice.

2.In determining whether an authorized delegate has engaged in an unsafe or unsound practice pursuant to paragraph (f) of subsection 1, the Commissioner may consider the size and condition of the provision of money transmission by the authorized delegate, the magnitude of the loss, the gravity of the violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter and the previous conduct of the licensee.

In determining whether an authorized delegate has engaged in an unsafe or unsound practice pursuant to paragraph (f) of subsection 1, the Commissioner may consider the size and condition of the provision of money transmission by the - *AB21_R1* – 31 – authorized delegate, the magnitude of the loss, the gravity of the violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter and the previous conduct of the licensee.

The Commissioner may issue an order requiring a licensee or authorized delegate to cease and desist from a violation of any provision of this chapter or any regulations - 82nd Session (2023) – 32 – adopted pursuant thereto or order issued by the Commissioner pursuant thereto if the Commissioner determines that the violation is likely to cause:

(a) Immediate and irreparable harm to the licensee, the customerscus(b) Insolvency or significant dissipation of the licenseeassets orof the public;licensee.

or (b) Insolvency or significant dissipation of the assets of the licensee.

In any matter arising from a violation or alleged violation of the provisions of this chapter or a regulation adopted or order issued by the Commissioner pursuant thereto by a person, the Commissioner may enter into a consent order with the person to resolve1.soMust be signed by the matter.person or the authorized representative of the person and must indicate that the person agrees to the terms contained in the consent order;

Such a consent order:

1.

Must be signed by the person or the authorized representative of the person and must indicate that the person agrees to the terms contained in the consent order;

- *AB21_R1* – 32 – Sec.

- 82nd Session (2023) – 33 – [(a) Bank, its parent or] 1.

Federally insured depository financial institution, privately insured depository financial institution, bank holding company or any subsidiary thereof, [trust company, savings bank, savings and loan association, credit union, industrial bank or industrial loan and investment company, organized and regulated] office of ananrial loan and international banking corporation, foreign bank that establishes a federal branch pursuant to 12 U.S.C.

§§ 1861 to 1867, inclusive, as amended, or corporation organized pursuant to 12 U.S.C.

Person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission, provided to the payor by the payee,pay(a) soA longwritten as:agreement exists between the payee and the agent directing the agent to collect and process payments from payors on behalf of the payee;

(a) A written agreement exists between the payee and the agent directing the agent to collect and process payments from payors on behalf of the payee;

- *AB21_R1* – 33 – 4.

- 82nd Session (2023) – 34 – (b) Provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction;

and (c) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including, without limitation, the obligation to make the sender whole in connection with any failure to transmit the money to the designated recipient of the sender.

11.federal commodities laws to the extent of its operation as such a merchant.

Registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.

- *AB21_R1* – 34 – 14.

(a) The third-party service provider or agent is engaging in money transmission on behalf of and pursuant to a written - 82nd Session (2023) – 35 – agreement with the exempt entity that sets forth the specific functions that the third-party service provider or agent is to perform;

and (b) The exempt entity assumes all risk of loss and legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstandingoutstandingion money transmission obligations upon receipt by the third-party service provider of the money or monetary value of the purchaser or holder.

A person [shall not engage in such business as an agent except as an agent of a licensee or a payee.] must have a license or be an authorized delegate described in paragraph (b) of subsection 1 regardless of the location or method that the person uses tototion engage in the business of money transmission, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means.

(a) [The name and principal business address] A list of any criminal convictions of the applicant [and, if incorporated, the date - *AB21_R1* – 35 – and place of its incorporation;] and any material litigation in which the applicant has been involved in the 10 years immediately preceding the date on which the application is submitted;

- 82nd Session (2023) – 36 – (b) [The name and address of each of the applicant’s branch offices, subsidiaries or affiliates, if any, which will be operated under the license;] A description of any money transmission previously provided by the applicant and the money transmission thattha(c) [The name and addresses, business and residential, of the proprietor or partners of the applicant seeksor, toif providethe inapplicant thisis State;a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of] A list of the applicant’s [stock;

(c) [The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of] A list of the applicant’s [stock;

and (i)Registry Suchrequires.pertinent other pertinent information as the Commissioner or the Registry3. requires.

3.

(d) The legal name, any fictitious or trade name, each business and residential address and the employment history, as applicable, - *AB21_R1* – 36 – in the 10 years immediately preceding the submission of the application- 82nd Session (2023) – 37 – applicant;n of each key individual and person in control of the applicant;(e) A list of any criminal convictions and material litigation in which a person in control of the applicant that is not a natural person has been involved in the 10 years immediately preceding the submission of the application;

(e) A list of any criminal convictions and material litigation in which a person in control of the applicant that is not a natural person has been involved in the 10 years immediately preceding the submission of the application;

(1) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the most recent report filed by the parent corporation pursuant to 15 U.S.C.

§ 78m, asasreport filed amended;

(b) [A certified] An audited financial statement, satisfactory to the Commissioner, showing that the applicant’s tangible net worth [exceeds $100,000, unless the applicant’s surety bond or thetheworth securities deposited pursuant to NRS 671.110 are in at least twice the minimum principal sum required by NRS 671.100.] meets the requirements set forth in section 49 of this act.

- 82nd Session (2023) – 38 – (d) A fee of not less than $200 or more than $400, prorated on the basis of the licensing year as provided by the Commissioner.

- *AB21_R1* – 37 – [4.] 5.

(a) The form and medium of any additional content required to be included in an application for a license.

[Upon the filing of] When an applicant for a license has submitted the application [, payment of the] required pursuant to NRS 671.050 which appears to include all the items and address all of the matters that are required by that section, submitted the information required pursuant to NRS 671.098 and paid all applicable fees and [approval of] the Commissioner has approved the surety bond or securities [,] of the applicant, the application shall be considered complete.

When an application is filed and considered complete pursuant to this section, the Commissioner shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant - 82nd Session (2023) – 39 – and may investigate any partners, directors, trustees , [or] principal officers , proposed key individuals or persons in control of the applicant.

If] -Commissioner *AB21_R1*[determines –that 38the –business 4.of the applicant will be conducted lawfully, honestly, fairly and efficiently, the] may conduct an on-site investigation of the applicant, the actual cost of which the applicant must pay.

In investigating an applicant pursuant to subsection 3, the Commissioner [determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the] may conduct an on-site investigation of the applicant, the actual cost of which the applicant must pay.

An applicant whose application for a license is denied may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150,233Sec. inclusive.

Sec.

and - 82nd Session (2023) – 40 – (b) Contains a description of each material change in the information submitted to the Commissioner by the licensee in the initial application which has not yet been reported to the Commissioner.

3.accompanied by a fee of not more than $400.

An application for the renewal of the license must be accompanied by a fee of not more than $400.

If the application or - *AB21_R1* – 39 – fee for renewal is not filed within the required time, the Commissioner may reinstate the expired license if the licensee files the application, the fee for renewal and a fee of not more than $400 for late renewal, if applicable, on or before February 28 of the year following the expiration of the license.

or (c) The licensee’s operation or services if the nature of the change affects the qualification for the license,  without prior notice to and approval of the Commissioner.

The Commissioner may take any action with respect - 82nd Session (2023) – 41 – to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementationimp(b) ofEstablishing relationships or contracts with the Registry or other entities designated by the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

- *AB21_R1* – 40 – (d) Taking any action the Commissioner deems necessary to coordinate multistate licensing processes and supervision processes through the Registry;

[and (f)] (h) Requiring an applicant for the acquisition of control of a licensee to use the Registry to submit the application required by section 50 of this act;

If the Registry does not provide functionality, forms or processes necessary to implement a requirement set forth in this chapter, the Commissioner may strive to implement the requirement in a manner that facilitates uniformity with respect to licensing,- supervision,82nd reportingSession and(2023) regulation– of42 licensees– which are licensed in multiple jurisdictions.jurisdictions.egulation of licensees which 4.

4.

Such regulations may, without - *AB21_R1* – 41 – limitation, establish any additional procedures and requirements for participation in the Registry [.

Sec.671.098 1.RS 67In addition to any other requirements set forth in this chapter, each natural person who is an applicant for the issuance of a license pursuant to [this chapter and] NRS 671.050, each natural person in control of such an applicant, each owner, officer, director and [responsible person] proposed key individual of the applicant, each natural person [in] who seeks to acquire control of [the applicant] a licensee pursuant to section 50 of this act, each person who becomes a key individual of a licensee and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Commissioner through the Registry:

73.(a) [A] Except as otherwise provided in subsection 5, a complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and person;tional background check on the criminal history of the (b) [Information] Except as otherwise provided in subsection 6, information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:

NRS 671.098 is hereby amended to read as follows:

671.098 1.

In addition to any other requirements set forth in this chapter, each natural person who is an applicant for the issuance of a license pursuant to [this chapter and] NRS 671.050, each natural person in control of such an applicant, each owner, officer, director and [responsible person] proposed key individual of the applicant, each natural person [in] who seeks to acquire control of [the applicant] a licensee pursuant to section 50 of this act, each person who becomes a key individual of a licensee and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Commissioner through the Registry:

(a) [A] Except as otherwise provided in subsection 5, a complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;

(b) [Information] Except as otherwise provided in subsection 6, information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:

§ 1681a(f), for the purpose of - 82nd Session (2023) – 43 – evaluating the financial responsibility of the person at the time of the submission of the application;

and (2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirementsreq(c) Information related to any regulatory or administrative [, civil or criminal findings made by any governmental jurisdiction concerning financialthe responsibility;person;] action and any civil litigation involving claims of fraud, misrepresentation, conversion, mismanagement of funds, breach of fiduciary duty or breach of contract;

(c) Information related to any regulatory or administrative [, civil or criminal findings made by any governmental jurisdiction concerning the person;] action and any civil litigation involving claims of fraud, misrepresentation, conversion, mismanagement of funds, breach of fiduciary duty or breach of contract;

and - *AB21_R1* – 42 – (e) Any other information concerning the person that the Registry or Commissioner may require.

3.minimum:The search firm described in subsection 2 must, at a (a) Demonstrate to the satisfaction of the Commissioner that it has sufficient knowledge and resources and employs accepted and reasonable methodologies to conduct the research of the investigative background report;

The search firm described in subsection 2 must, at a minimum:

(a) Demonstrate to the satisfaction of the Commissioner that it has sufficient knowledge and resources and employs accepted and reasonable methodologies to conduct the research of the investigative background report;

(a) If available in the jurisdiction in which the natural person resides, a comprehensive credit report or any equivalent information obtained or generated by the independent search firm to accomplish the investigative background report, including, without limitation, a search of the court data in each country, - 82nd Session (2023) – 44 – province, state, city, town and contiguous area where the natural person resided and worked;

(b) Criminal records information for the immediately preceding 10 years, including, without limitation, information regarding any felony, misdemeanor or similar conviction for a violation of law in each country, province, state, city, town and contiguous area where the natural person resided and worked;

- *AB21_R1* – 43 – 5.

Except as provided in NRS 671.110, each licensee shall have in force a surety bond payable to the State of Nevada for the use and benefit of any purchaser or holder of any outstandingoutstandingfor [check sold or issued by a licensee in the normal course of business] money transmission obligation and for value in the [following minimum] principal [sums:

A licensee that maintains a bond in a principal sum- of82nd $500,000Session or(2023) more– is45 not– required to calculate the average daily money transmission liability in this State for the purposes of subsection 1.

The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the - *AB21_R1* – 44 – Commissioner by registered or certified mail with details sufficient topaid.entify identify the creditor or claimant and the claim or judgment so paid.[4.] 5.

[4.] 5.

The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the licensee’s [agents] authorized delegates within 30 days after:aft(a) The licensee’s death or the dissolution or liquidation of the licensee’s business;

(a) The licensee’s death or the dissolution or liquidation of the licensee’s business;

Whenever the Commissioner determines that the protection of the public so requires, the Commissioner may order that an increase be made in the principal sum of the bond of any licensee, except that the Commissioner may not order an increase of more- than82nd $10,000Session if(2023) the– licensee46 has– submitted a current financial statement, or more than $15,000 otherwise.otherwise.itted a current financial [8.] 9.

[8.] 9.

The cancellation or alteration is not effective until 10 days after receipt of the notice by the Commissioner.

[Except as otherwise provided in subsection 4, once each year the] The Commissioner shall , as often as the Commissioner determines to be necessary, examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensee’s business [,] and [the Commissioner] may conduct other examinations [at additional times.] of a licensee or authorized delegate that the Commissioner determines to be necessary.the provisions of this chapter or the regulations adopted pursuant thereto as reasonably necessary or appropriate to administer and enforce the provisions of this chapter, the regulations adopted pursuant thereto and other applicable law, including, without limitation, the Bank Secrecy Act and the USA Patriot Act.

The Commissioner may take any action authorized by the provisions of this chapter or the regulations adopted pursuant - *AB21_R1* – 45 – thereto as reasonably necessary or appropriate to administer and enforce the provisions of this chapter, the regulations adopted pursuant thereto and other applicable law, including, without limitation, the Bank Secrecy Act and the USA Patriot Act.

(c) Conduct such an examination in conjunction with an examination conducted by a representative of another agency of this State, an agency of another state or an agency of the federal government.

(e) Summon and examine under oath a key individual or employee of a licensee or authorized delegate and require the key - 82nd Session (2023) – 47 – individual or employee to produce records regarding any matter related to the condition and business of the licensee or authorized delegate.

The Commissioner is entitled to full access to all records the Commissioner reasonably requires to conduct a complete examination.

- *AB21_R1* – 46 – [4.

76.76 and 77.

77.

(Deleted by amendment.) Sec.

The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee , authorized delegate or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license.

[Each licensee shall submit to the Registry, on or before April 15 of each year, an annual report of condition on a form prescribed- by82nd theSession Commissioner.](2023) The– Commissioner48 may– require any licensee to submit such reports concerning the licensee’s business as the Commissioner deems necessary for the enforcement of this chapter.

Except as otherwise provided in NRS 239.0115, and section 37 of this act, all reports of investigations and examinations and other reports rendered pursuant to this section, [and] all correspondence and memoranda relating to or arising therefrom, including any authenticated copies thereof in the possession of any licensee or the Commissioner, and all other information related to an examination or investigation are confidential communications, are not subject to any subpoena, and must not be made public unless the Commissioner determines that justice and the public advantage will be served by their publication.

Sec.671.180 1.RS 67If the Commissioner has reason to believe that grounds exist for the suspension, revocation or denial of renewal of a license, the Commissioner shall give 10 days’ written notice to the licensee, stating the grounds therefor, and shall set a date for a hearing, if a hearing is requested by the licensee.

79.

NRS 671.180 is hereby amended to read as follows:

671.180 1.

If the Commissioner has reason to believe that grounds exist for the suspension, revocation or denial of renewal of a license, the Commissioner shall give 10 days’ written notice to the - *AB21_R1* – 47 – licensee, stating the grounds therefor, and shall set a date for a hearing, if a hearing is requested by the licensee.

The Commissioner may immediately suspend, revoke or deny the renewal of the license in a case where the licensee has failedpolicy.to to maintain in effect the required surety bond or insurance policy.3.

3.

(c)- [Fraud,]82nd TheSession licensee(2023) has– committed49 an– act of fraud, misrepresentation or [omission of] gross negligence or has omitted any material fact in any application, statement or report;

(h) The licensee is insolvent, suspends payment of its obligations or makes a general assignment for the benefit of its creditors;

(i) The licensee has not removed an authorized delegate of the licensee after the Commissioner issued and served on the licensee a final order that includes a finding that the authorized delegate has committed a violation of any provision of this chapter or any - *AB21_R1* – 48 – regulation adopted or order issued by the Commissioner pursuant to this chapter [.] ;

or (k) The licensee has committed a violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter.

or order issued by the 4.

- 82nd Session (2023) – 50 – 5.

671.190 1.

Any person who:

- *AB21_R1* – 49 – (b) Is not a bar to enforcement of this chapter by an injunction or other appropriate civil remedy.

Sec.239.010 1.RS 23Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, - 82nd Session (2023) – 51 – 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,2.305, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, - 82nd Session (2023) – 52 – 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,50, 711.600, and section 37 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

82.

NRS 239.010 is hereby amended to read as follows:

239.010 1.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, - *AB21_R1* – 50 – 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, - *AB21_R1* – 51 – 711.600, and section 37 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

- 82nd Session (2023) – 53 – 2.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent hashasthe already prepared or would prefer to provide the copy in a different medium.

- *AB21_R1* – 52 – (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

act, a person who, on June 30, 2023, holds a valid license issued by the Commissioner of Financial Institutions pursuant to NRS 671.060 is not required to comply with the amendatory provisions of this act until January 1, 2024, and, until that date, may engage in the business of selling or issuing checks or of receiving for transmission money or credits in accordance with the provisions of chapter 671 of NRS, as those provisions existed before July 1, 2023.

83.

Notwithstanding the amendatory provisions of this act, a person who, on June 30, 2023, holds a valid license issued by the Commissioner of Financial Institutions pursuant to NRS 671.060 is not required to comply with the amendatory provisions of this act until January 1, 2024, and, until that date, may engage in the business of selling or issuing checks or of receiving for transmission money or credits in accordance with the provisions of chapter 671 of NRS, as those provisions existed before July 1, 2023.

- 82nd Session (2023) – 54 – Sec.

LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 671.010Session Definitions.(2023)

671.055 Application for license:

Additional requirements.

671.090 Agents of licensees:

When license required;

application;

fees;

regulations;

withdrawal of application.

671.140 Schedule of rates:

Posting;

excess fees prohibited.

671.150 Deposit of receipts;

commingling prohibited;

deposit if license suspended or terminated;

assets must cover liabilities.

H - *AB21_R1*