AB 332 — Revises provisions relating to student education loans. (BDR 55-162)
Last action — Approved by the Governor. Chapter 466.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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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 March 17, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 14, 2023.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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13 sponsors
4 primary, 9 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 D · 1 R) — cross-party backing.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
1465 added · 1548 removed1465 line(s) added, 1548 removed.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 16, 20, 21, 38, 39, 53) (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
332332–Assemblymen APeters, SSEMBLYWatts, BNguyen, ILLTorres; N O.
332–AAnderson, SSEMBLYMENCarter, PETERSGorelow, ,Koenig, WLa ATTS,Rue NGUYENHatch, ,Mosca, TNewby ORRESand ;Taylor Joint Sponsor:
ASenator NDERSONNguyen ,CHAPTER.......... C ARTER , G ORELOW , KOENIG , A RUE HATCH , MOSCA, NEWBY AND TAYLOR M ARCH 17, 2023 ____________ JOINTSPONSOR :
ENATOR NGUYEN ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to student education loans.
(BDR 55-162) FISCAL NOTE:
EEffect on the State:
Yes.:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-Legislative *AB332_R1*Counsel’s –Digest: 2 – LegExisting law authorizes the Commissioner of Financial Institutions to supervise and control various financial institutions, lenders and fiduciaries, including, without limitation, banks, credit unions, payday lenders and trust companies.
(ChapterExisting 604Alaw ofauthorizes NRS,the titleCommissioner 55 of NRS)Financial SectionsInstitutions 2-51 of this bill add a new chapter to thesupervise Nevadalimitation, Revisedbanks, Statutescredit tounions, providepayday forlenders the licensing and regulationtrust ofcompanies. student loan servicers by the Commissioner, as well as the regulation of private education loans and private education lenders.
(Chapter, without 604A of NRS, title 55 of NRS) Sections 3-132-51 of this bill defineadd termsa usednew inchapter to the newNevada chapter.Revised Statutes to provide for the licensing and regulation of student loan servicers by the Commissioner, as well as the regulation of private education loans and private education lenders.
SectionSections 143-13 of this bill providesdefine forterms moneyused receivedin pursuantthe new chapter to be accounted for separately and used for the regulation of student loan servicers.
In particular, section 15 prohibits a person from acting as a student loan servicer without obtaining a license from the Commissioner to do so, and also sets forth the persons exempted from this licensureapplying requirement.for a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety bond.
Section 16 of this bill sets forth various requirements for applying for a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety bond.
Section 20 of this bill requires the Commissioner to issue a license to persons who engage in student loan servicing in this State only pursuant to certain contracts with the federal government without requiring those persons to comply with the standard requirements for the issuance ofcomply awith license.other relevant provisions of law;
Sectionand 20:(2) provides for the expiration of - 82nd Session (2023) – 2 – such a license not later than 37 days after the expiration, revocation or termination of the federal contract that provided the basis for the issuance of the license.
(1) requires persons who are issued such a license to comply with other relevant provisions of law;
and (2) provides for the expiration of such a license not later than 37 days after the expiration, revocation or termination of the federal contract that provided the basis for the issuance of the license.
Section 20.6 of this bill requires an applicant for the issuance of a license and certain other persons to submit a complete set of fingerprints and certain other licenseinformation asto a student loan servicer through the Registry.
Section 20.8 authorizes the Commissioner to issue a license as a student loan servicer through the Registry.
Specifically, section 22 sets forth requirements applicable to a licensee ceasing to engage in the business of student loan servicing in this State.
Section 23 of this bill sets forth requirements applicable to a person who provides a check or other method of payment to the Commissioner which is returned or otherwise dishonored.
Section 24 requiresrequireshe licensees and applicants for licenses to notify the Commissioner of any changes in setcertain forthinformation requirementsprovided concerning business names, business locations andthis bill recordkeeping relating to studentthe loanCommissioner. servicers and student education loans.
Sections 26 and 28 of this bill set forth requirements concerning business names, business locations and recordkeeping relating to student loan servicers and student education loans.
Section 30 of this bill authorizes the Student Loan Ombudsman -in *AB332_R1*the –Office 3of –the State Treasurer or any member of the public to file a complaint with the Commissioner concerning the actions of a student loan servicer.
a complaint Sections 31-37 of this bill establish provisions for a particular type of student education loan, the private education loan, and for private education loan borrowers and private education lenders.
Section 33 of this bill establishes the rights and duties of private education lenders in cases of the total cosigner.and permanent disability of a private education loan borrower or his or her governing the business practices and other actions of private education lenders.
Sections 34-36 of this bill set forth requirements and prohibitions governing the business practices and other actions of private education lenders.
(4) authorize the Commissioner to retain certain professionals and specialists, enter into certain agreements and use certain resources for the purposes of investigations and examinations;
(5) describe thertainthe scope of the authority of the Commissioner with regard to investigations and - 82nd Session (2023) – 3 – examinations;
Section 46 of this bill requires a student loan servicer and a private education lender to comply with certain federal laws and regulations, and deems a violation of those federal lawsbill orestablish regulationsthe torights, beremedies aand violationpenalties available for violations of Nevadathe law.new chapter.
Sections 47,49 48 and 5056 of this chapter.bill make confidential any books, records or other information obtained by the Division in connection with an application, complaint, audit, investigation or examination.
Sections 49 and 56 of this bill make confidential any books, records ore new other information obtained by the Division in connection with an application, complaint, audit, investigation or examination.
Existing law establishes the duties of the Student Loan Ombudsman designated by the State Treasurer.
(NRS 226.570) Section 54 of this bill requires the Student Loan Ombudsman to make those complaints available to the Attorney General.
-EXPLANATION *AB332_R1* – 4Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
Show all 213 changed lines (173 more)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
or - 82nd Session (2023) – 4 – (b) A person who is authorized to participate in direct or indirect control of the management or policies of a student loan servicer, licensee or applicant for a license.
As used in this section, “executive officer” means an officer, manager, partner or managing member of a student loan servicer, licensee or applicant for a license.
The term includes any person whose onsignature collection.equestedis requested as a condition to grant credit or to forbear 2.on collection.
2.
“Nationwide Multistate Licensing System and Registry”NRS or604A.083.“Registry” “Registry” has the meaning ascribed to it in NRSSec. 604A.083.
- *AB332_R1* – 5 – Sec.
- 82nd Session (2023) – 5 – (a) Extended to a consumer expressly, in whole or in part, for postsecondary educational expenses, regardless of whether the loan is provided by the educational institution that the student attends;
and (b) Not made, insured or guaranteed under Title IV of the Higher Education Act of 1965, 20 U.S.C.
§§ 1070 et seq.seq.f the 2.
2.
“Student loan servicer” means any person, wherever located, responsible for the servicing of any student education loan to any student loan borrower.
The term - *AB332_R1* – 6 – does not include the Nevada System of Higher Education or the Western Interstate Commission for Higher Education.
During a period in which no payment is required on a student education loan, maintaining account records for a student - 82nd Session (2023) – 6 – education loan and communicating with the student loan borrower on behalf of the owner of the promissory note for the student education loan;
Interacting with a student loan borrower concerning a student education loan, including activities to prevent default on the student education loan, to facilitate the activities described in subsection 1 or 2.
(a) Any bank, savings and loan association, savings bank, thriftanother companystate or creditthe union,Federal whetherGovernment.chartered chartered by this State, another(b) stateAny orwholly theowned Federalsubsidiary Government.of any person identified in paragraph (a).
(b)(c) Any whollyoperating owned subsidiary of any person identified in paragraph (a) if each owner of the operating subsidiary is wholly owned by the same person identified in paragraph (a).
- *AB332_R1* – 7 – (c) Any operating subsidiary of any person identified in paragraph (a) if each owner of the operating subsidiary is wholly owned by the same person identified in paragraph (a).
A financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn to under oath before a notary public by the proprietor, a general - 82nd Session (2023) – 7 – partner or a corporate officer or a member authorized to execute such documents;
Any other information requested by the Commissioner or otherwise required in connection with the evaluation and investigationlicensure;ion of the applicant’s qualifications and suitability for licensure;3.
3.
3.renewed by the Commissioner if the applicant or any controled or person of an applicant:
A license as a student loan servicer may not be issued or renewed by the Commissioner if the applicant or any control person of an applicant:
or (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a - *AB332_R1* – 8 – plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
If an applicant or a control person indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the - 82nd Session (2023) – 8 – Commissioner shall advise the applicant or control person, as applicable, to contact the district attorney or other public agency enforcing the order to determine the actions that he or she may take to satisfy the arrearage.
5.pursuant to NRS 425.540 that provides for the suspension of allsued professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Except as otherwise provided in section 20 of this act, upon the filing of an application for an initial license and the payment of the license fee and the investigation fee and submission of the surety bond required by section 16 of this act, the Commissioner shall investigate the financial condition andandct, responsibility, financial and business experience, character and general fitness of the applicant.
The applicant’s business will be conducted honestly, fairly, equitably, carefully and efficiently within the purposes and intent - *AB332_R1* – 9 – of this chapter and in a manner commanding the confidence and trust of the community;
- 82nd Session (2023) – 9 – (c) A corporation or association, the president, chairperson of the executive committee, senior officer responsible for the corporation’s business and chief financial officer or any other person who performs similar functions as determined by the Commissioner, each director, each trustee and each shareholder owning 10 percent or more of each class of the securities of such corporation is in all respects properly qualified and of good character;
A person seeking to act as a student loan servicer is exempt from the application procedures described in subsections 1 and 2 of section 16 of this act and section 20.6 of this act upon a determination by the Commissioner that the person’s student loan servicing performed in this State is conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C.
TheTheates Commissioner shall, by regulation, prescribe the procedure for documenting a person’s eligibility for this exemption.
- *AB332_R1* – 10 – 3.
and (b) Shall, except to the extent that those requirements are inconsistent with federal law, comply with all other applicable - 82nd Session (2023) – 10 – provisions of this chapter, including, without limitation, the record retention requirements set forth in section 28 of this act.
A person issued a license pursuant to this section shall provide the Commissioner with written notice within 7 days after notification of the expiration, revocation or termination of a contract awarded by the United States Secretary of Education a pursuant to 20 U.S.C.
(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;
- *AB332_R1* – 11 – (3) Submit any reports or the results of any examination that the Commissioner may require;
and - 82nd Session (2023) – 11 – (5) Engage in any other activity that the Commissioner may require;
and (f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or contact a background checklicensee.the on the criminal history of an applicant for a license or a licensee.2.
2.
The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for a license or a licensee.licensee.criminal Sec.
Sec.
Such information and material may be - *AB332_R1* – 12 – shared with federal and state regulatory officials with oversight - 82nd Session (2023) – 12 – authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference ofother Stateassociations Bankrepresenting Supervisors,governmental theagencies.ry, State Regulatory Registry, LLC, or otherSec. associations representing governmental agencies.
Sec.
and (b) Additional independent credit reports and credit scored to confirmrequirements thatconcerning thefinancial applicantresponsibility;th continues to comply with any applicable requirements3. concerning financial responsibility;
3.
- *AB332_R1*82nd Session (2023) – 13 – 4.
A license issued pursuant to this chapter expires on December 31 of each year following its issuance, unless renewed or earlier surrendered, suspended or revoked pursuant to this chapter.
A licensee may renew a license issued pursuant to section 19 of this act by filing with the Commissioner an application containing the documents and fees set forth in section 16 of this act for an initial license.
A licensee may renew a license issued pursuant to section 20 of this act by filing with the Commissioner, before the expiration of the license, an application containing any documents and fees required pursuant to section 20 for an initial license.license.ts 4.
4.
2.- 82nd Session (2023) – 14 – subsection 1 must identify the location where the records of the licensee will be stored and the name, address and telephone number of a natural person authorized to provide access to the records.
A written notice of surrender provided pursuant to subsection 1 must identify the location where the records of the licensee will be stored and the name, address and telephone - *AB332_R1* – 14 – number of a natural person authorized to provide access to the records.
If the Commissioner determines that a check or other method of payment which is provided to the Commissioner to pay any fee required pursuant to this chapter has been returned to the Commissioner or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check or other method of because payment, the Commissioner shall automatically refuse to issue, suspend or refuse to renew the license, as applicable.
The Commissioner shall notify the applicant, in writing, that if the applicant fails to submit such information not later than 60 days after the date on whichwhicho submit such a request for information was made, the application shall be deemed abandoned.
A licensee shall not act as a student loan servicer or engage in student loan servicing under any other name or at any other- place82nd ofSession business(2023) than– that15 identified– licensee must notify the Commissioner in advance of any changehe of location of a place of business of the license.licensee.
TheOnly licenseeone mustplace notifyof business may be maintained under one license, but the Commissioner inmay advanceissue ofmore anythan changeone oflicense locationto ofthe same licensee upon the licensee’s application for a placelicense offor businesseach place of thebusiness. licensee.
Only one place of business may be maintained under one license, but the Commissioner may issue more than one license to the same - *AB332_R1* – 15 – licensee upon the licensee’s application for a license for each place of business.
and (2) Providing information relating to the inquiry, and, if applicable, the action the student loan servicer will take to correct the account or an explanation of the student loan servicer’s position that the student loan borrower’s account is correct, within 30(b) businessInquire days.of a student loan borrower how to apply an overpayment to a student education loan.
(b) Inquire of a student loan borrower how to apply an overpayment to a student education loan.
If there are multiple loans on a student loan borrower’s account at an equal stage of delinquency, a student loan servicer shall satisfy the requirements of this subsection by applying the partial payment to satisfy as many individual loan payments as possible on the student loan many borrower’s account.
If the sale, assignment or other transfer of the servicing of a student education loan results in a change in the identity of the - 82nd Session (2023) – 16 – person to whom a student loan borrower is required to send payments or direct any communication concerning the student education loan:
(a) As a condition of a sale, an assignment or any other transfer of the servicing of a student education loan, require the new student loan servicer to honor all benefits originallyoriginallyuire the represented as available to the student loan borrower during the - *AB332_R1* – 16 – repayment of the student education loan and preserve the availability of those benefits, including, without limitation, any benefits for which the student loan borrower has not yet qualified;
A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan borrower including, without limitation, the repayment status of the student loan borrower and any benefits associated with the student educationedu4.tiA student loan ofservicer shall evaluate a student loan borrower for eligibility for an income-driven repayment program before placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.
4.
A student loan servicer shall evaluate a student loan borrower for eligibility for an income-driven repayment program before placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.
Upon the request of the Commissioner, a person required to maintain records pursuant to subsection 1 shall make such records available to the Commissioner, or send the records to the - 82nd Session (2023) – 17 – Commissioner, in the manner required by the Commissioner, not later than 5 business days after requested by the Commissioner.
Upon the person’s request, the Commissioner may allow additional time to make the records available to the Commissioner or toSec. send the records to the Commissioner.
Sec.
- *AB332_R1* – 17 – 2.
Refuse to communicate with an authorized representative of the(a) studentProvides loana borrowerwritten ifauthorization signed by the authorizedstudent representative:loan borrower;
(a) Provides a written authorization signed by the student loan borrower;
Fail to respond within 15 business days to a consumer complaint submitted to the student loan servicer by the Commissioner- or82nd Session (2023) – 18 – the Officestudent loan servicer may request additional time to respond, to the complaint, up to a maximum of 45 business days, provided that the Attorneyrequest General.is accompanied by an explanation of why additional time is reasonable and necessary.
If necessary, the student loan servicer may request additional time to respond to the complaint, up to a maximum of 45 business days, provided that the request is accompanied by an explanation of why additional time is reasonable and necessary.
- *AB332_R1* – 18 – (a) Materially interferes with the ability of a student loan borrower to understand a term or condition of a student education loan;
(2) The inability of a student loan borrower to protect the interests of the student loan borrower when selecting or using a student education loan or feature, term or condition of a student education loan;
(a) How the private education loan obligation will appear on the cosigner’s credit;
education loan obligation will appear on (b) How the cosigner will be notified if the private education loan becomes delinquent;
and (d) The eligibility of the cosigner to be released from his or her obligation on the private education loan, including, without limitation, the number of on-time payments and any other criteria - 82nd Session (2023) – 19 – required to approve the release of the cosigner from his or her obligation on the private education loan.
For any private education loan that obligates a cosigner, a private education lender shall provide the private education loan borrower and the cosigner an annual written notice containing information about the release of the cosigner from his or her obligation on the private education loan, including, without limitation:
and - *AB332_R1* – 19 – (b) The process for applying for cosigner release.
The written notice shall include a description of the information needed to consider the applicationfurnish complete and the datemissing information.e by which the applicant must furnish5. the missing information.
5.
The private education lender shall also provide any notices of adverse action - 82nd Session (2023) – 20 – required under applicable federal law if the denial is based in whole or in part on any information contained in a consumer credit report.
In response to a written or oral request for cosigner release,described ain privatesubsection education2.on lender shall provide the information described7. in subsection 2.
7.
A private education lender shall not impose any negative consequences on any private education loan borrower or cosigner - *AB332_R1* – 20 – during the 60 days following the issuance of the notice provided pursuant to subsection 4 or until the private education lender makes a final determination about a private education loan borrower’s cosigner application for release.
Any private education loan borrower who has paid the equivalent of 12 months of principal and interest payments within any 12-month period shall be deemed to have satisfied the consecutive, on-time payment requirement, even if the private education loan borrower has not made payments monthly duringduringe the 12-month period.
The- private82nd educationSession loan(2023) borrower– may21 request– review of the determination made regarding cosigner release by anotheranotherf the employee of the private education lender.
A private education lender shall provide a cosigner with access to all documents or records related to the cosigned private - *AB332_R1* – 21 – education loan that are available to the private education loan borrower.
14.documents and records for a private education loan borrower, theto private education lender shall provide equivalent electronic access to the cosigner.
If a private education lender provides electronic access to documents and records for a private education loan borrower, the private education lender shall provide equivalent electronic access to the cosigner.
3.
In the event of the death or bankruptcy of a cosigner:
- 82nd Session (2023) – 22 – 4.
A private education lender shall not place any private education loan or account into default or accelerate a private education loan while a private education loan borrower is seeking a loan modification or enrollment in a flexible repayment plan, except that a private education lender may place a loan or account into default or accelerate a loan for payment default 90 daysdayscount following the private education loan borrower’s default.
A private education lender shall notify a private education loan borrower and cosigner for a private education loan if either a private education loan borrower or cosigner is released from the - *AB332_R1* – 22 – obligations of the private education loan under this section, within 30 days after the release.
If a cosigner is released from the obligations of a private education loan pursuant to section 31 of this act, the private edu(a) Require the private education lenderloan shallborrower not:to obtain another cosigner on the private education loan obligation.
(a) Require the private education loan borrower to obtain another cosigner on the private education loan obligation.
- 82nd Session (2023) – 23 – 6.
(a) Has been determined by the United States Secretary of Veterans Affairs to be unemployable due to a service-connected disability;dis(b) Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 12 months or can be expected to last for a continuous period of not less than 12 months.
or (b) Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 12 months or can be expected to last for a continuous period of not less than 12 months.
If a private education lender offers any private education loan borrower flexible repayment options in connection with a - *AB332_R1* – 23 – private education loan, those flexible repayment options must be made available to all private education loan borrowers of loans by the private education lender.
(b) Establish and consistently implement policies and procedures that facilitate the evaluation of private education loan flexible repayment option requests, including, without limitation,limitation,n policies and procedures that provide accurate information regarding any private education loan flexible repayment option that:
- 82nd Session (2023) – 24 – (1) The total cumulative principal and interest amount of all private education loans owed by the private education loan borrower or cosigner to the private education lender;
(2) The total payoff amount of the loans listed in subparagraphsubpar(3) (1);Estimated monthly payment amounts if the private education loan borrower or cosigner were to enroll in a flexible repayment plan offered by the private education lender.
and (3) Estimated monthly payment amounts if the private education loan borrower or cosigner were to enroll in a flexible repayment plan offered by the private education lender.
- *AB332_R1* – 24 – 4.
Establish and maintain records and permit the Division of Financial Institutions to access and copy any records required to be maintained pursuant to the provisions of this chapter;
andandd to 2.
1.- 82nd Session (2023) – 25 – suspension, license revocation or termination or general orlicense specific inquiry or investigation to determine compliance with this chapter, the Commissioner may access, receive and use any books, accounts, records, files, documents, information or evidence, including, without limitation:
For purposes of initial licensing, license renewal, license suspension, license revocation or termination or general or specific inquiry or investigation to determine compliance with this chapter, the Commissioner may access, receive and use any books, accounts, records, files, documents, information or evidence, including, without limitation:
For the purposes of investigating violations or complaints arising under this chapter or for the purposes of examination, the Commissioner may review, investigate or examine any student loan servicer or other person subject to this chapter as often as necessary in order to carry out the purposes of this chapter.
The Commissioner may direct, subpoena or order the attendance of and examine under oath any person whose testimony may be required regarding a student education loan, the business of a student loan servicer or the subject matter of any examination or investigation, and may direct, subpoena or order such a person to - *AB332_R1* – 25 – produce books, accounts, records, files and any other documents the Commissioner deems relevant to the inquiry.
The Commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where theynot areremove usuallyor kept.attempt to remove any of the documents and recordsall except pursuant to a court order or with the consent of the Commissioner.
DuringUnless the periodCommissioner has reasonable grounds to believe the documents or records of control,the astudent loan servicer or other person shallunder notexamination removeor investigation have been, or attemptare toat removerisk anyof being, altered or destroyed for purposes of concealing a violation of this chapter, the student loan servicer, the other person under examination or investigation or the owner of the - 82nd Session (2023) – 26 – documents and records exceptmust pursuantbe toallowed aaccess courtto orderthe documents or withrecords theas consentnecessary ofto theconduct Commissioner.ordinary business affairs.
Unless the Commissioner has reasonable grounds to believe the documents or records of the student loan servicer or other person under examination or investigation have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this chapter, the student loan servicer, the other person under examination or investigation or the owner of the documents and records must be allowed access to the documents or records as necessary to conduct ordinary business affairs.
At least once each year, the Commissioner or his or her authorized representative shall conduct an investigation and examinationexa5.naIn addition to the fees prescribed in section 16 of eachthis act, if it becomes necessary to examine or investigate the books and records of a licensee pursuant to this section.chapter, the licensee shall be liable for and shall pay to the Commissioner, within 30 days after the presentation of an itemized statement therefor, an amount determined by the Commissioner at the rate for supervision and examination of a financial institution established and, if applicable, adjusted pursuant to NRS 658.101.
5.
In addition to the fees prescribed in section 16 of this act, if it becomes necessary to examine or investigate the books and records of a licensee pursuant to this chapter, the licensee shall be liable for and shall pay to the Commissioner, within 30 days after the presentation of an itemized statement therefor, an amount determined by the Commissioner at the rate for supervision and examination of a financial institution established and, if applicable, adjusted pursuant to NRS 658.101.
In conducting such monitoring, the Commissioner may compile and analyze data and other informationinf(a) The likely risk and costs to assess:consumers associated with using or repaying a student education loan or with the servicing of a student education loan;
- *AB332_R1* – 26 – (a) The likely risk and costs to consumers associated with using or repaying a student education loan or with the servicing of a student education loan;
and - 82nd Session (2023) – 27 – (f) The type, number and other pertinent characteristics of private education lenders and student loan servicers in this State.
To the extent that state law is not preempted by federal law, in conducting monitoring or assessment pursuant to this section the Commissioner may gather information regarding the organization, business conduct, markets and activities of private education lenders and student loan servicers in this State.
In addition to any other monitoring activities authorized by this section, the Commissioner may gather and compile information from private education lenders and student loan servicers to assemble data concerning the total size of the student education loan market in this State, the servicing of student education loans owed by borrowers at risk of default, the servicing of private education loans owed by borrowers experiencing servicing financial distress and the servicing of federal student education - *AB332_R1* – 27 – loans for borrowers who seek to repay their loans under an income-driven repayment plan, as described in 20 U.S.C.
Sec.- 82nd Session (2023) – 28 – Commissioner may:rry out the purposes of this chapter, the 1.
41.
To carry out the purposes of this chapter, the Commissioner may:
1.
andand5. 5.
- *AB332_R1* – 28 – Sec.
A student loan servicer or other person under examination or investigation pursuant to this chapter shall not knowingly withhold, abstract, remove, mutilate, destroy or secrete any books, records, computer records or other information relatedrelatede to an investigation or examination conducted pursuant to this chapter.
- 82nd Session (2023) – 29 – 1.
With regard to a licensee or a control person of the licensee, any fact or condition exists which, if it had existed at the time of the original application for the license, would havehaveted at the resulted in a denial of the application;
A person who suffers damage as a result of the failure of a student loan servicer or private education lender to comply with the provisions of this chapter may bring an action on his or her own behalf and on behalf of a similarly situated class of persons against that student loan servicer or private education lenderlen(a) toActual recoverdamages, orbut obtain:in no case may the total award be less than $500 per plaintiff, per violation;
(a) Actual damages, but in no case may the total award be less than $500 per plaintiff, per violation;
- *AB332_R1* – 29 – 2.
In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a student loan servicer or private education lender has engaged in conduct that substantially interferes with a student loan borrower’s right to a flexible payment arrangement, right to the forgiveness, cancellation or discharge of a loan or right to any other financial benefit, as established under the terms of a student loan borrower’s - 82nd Session (2023) – 30 – promissory note or under the Higher Education Act of 1965, 20 U.S.C.
§§ 1071 et seq., and the regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case may the total award of damages be less thanthaSec. $1,500 per plaintiff, per violation.
Sec.
1.1.r plA violation of any provision of this chapter may also be a violation of chapter 598B of NRS, the Nevada Equal Credit Opportunity Law.
A violation of any provision of this chapter may also be a violation of chapter 598B of NRS, the Nevada Equal Credit Opportunity Law.
1.the Division and any state or federal agency investigating the of activities covered under the provisions of this chapter;
The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter;
- *AB332_R1* – 30 – Sec.
657.005 As used in chapters 657 to 671, inclusive, of NRS, and the chapter consisting of sections 2 to 51, inclusive, of this act, unless the context otherwise requires, the words and terms defined in- NRS82nd 657.016Session to(2023) 657.085,– inclusive,31 have– the meanings ascribed to them in those sections.
inclusive, have the meanings ascribed Sec.
(f)supervised Savingspursuant andto loanchapter association673 orof savingsNRS;ings bank that is (g) Person engaged in the business of lending that is supervised pursuant to chapter 673675 of NRS;
(g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
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 total amount of all assessments collected must be reduced by any amounts collected by the Commissioner andfrom toan entity for the Divisionrecovery of Financialthe Institutions.costs of legal services provided by the Attorney General in a specific case.
The3. total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
- *AB332_R1* – 31 – 3.
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the - 82nd Session (2023) – 32 – same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1;
4.other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 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, 87.5413,87.5413,2, 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, - *AB332_R1* – 32 – 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, - 82nd Session (2023) – 33 – 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, 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, - *AB332_R1* – 33 – 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760,- 629.047,82nd 629.069,Session 630.133,(2023) 630.2671,– 630.2672,34 – 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, 711.600, section 49 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.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental or entity or of the general public.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection- 182nd toSession inspect(2023) or copy or receive a copy of a public book or - *AB332_R1* – 3435 – 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.
(1)(2) GiveRequire accessthe toproduction proprietaryof software;information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
Sec.Secs.
57.57-59.
58.
(Deleted by amendment.) Sec.
59.
(Deleted by amendment.) Sec.
As soon as practicable after January 1, 2024, the Student Loan Ombudsman designated pursuant to NRS 226.560 and the Attorney General shall enter into the information-sharing agreement required by section 54 of this act.
and (b)- On82nd JanuarySession 1,(2023) 2024,– for36 all– other3.) purposes.OSection 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C.
- *AB332_R1* – 35 – 3.
Section 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C.
H~~~~~ 23 - *AB332_R1*82nd Session (2023)
Show all 213 changed rows (173 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Approved by the Governor. Chapter 466.
-
Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 17, Nays: 4.) To Assembly. In Assembly. To enrollment.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 29, Nays: 13.) To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 440.) To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Howard Watts · Primary
- Duy Nguyen · Primary
- Selena Torres-Fossett · Primary
- Natha C. Anderson · Cosponsor
- Carter, Max E., II · Cosponsor
- Gregory S. Koenig · Cosponsor
- Selena La Rue Hatch · Cosponsor
- Erica Mosca · Cosponsor
- Sabra Newby · Cosponsor
- Angela D. Taylor · Cosponsor
- Rochelle T. Nguyen · Cosponsor
- Michelle Gorelow · Cosponsor
- Sarah Peters · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 9 co-sponsors · 54 not signed on
Sponsors (4)
- Watts, Howard Democratic
- Nguyen, Duy Democratic
- Torres-Fossett, Selena Democratic
- Peters, Sarah
Co-sponsors (9)
- Anderson, Natha C. Democratic
- Carter, Max E., II Democratic
- Koenig, Gregory S. Republican
- La Rue Hatch, Selena Democratic
- Mosca, Erica Democratic
- Sabra Newby
- Taylor, Angela D. Democratic
- Nguyen, Rochelle T. Democratic
- Gorelow, Michelle
Not signed on (54)
54 members have not signed on to this bill.
Show all 54 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 332?
- AB 332 is sponsored by Watts, Howard (Democratic), Nguyen, Duy (Democratic), Torres-Fossett, Selena (Democratic), Anderson, Natha C. (Democratic), Carter, Max E., II (Democratic), Koenig, Gregory S. (Republican), La Rue Hatch, Selena (Democratic), Mosca, Erica (Democratic), Sabra Newby, Taylor, Angela D. (Democratic), Nguyen, Rochelle T. (Democratic), Gorelow, Michelle, and Peters, Sarah.
- What is the current status of AB 332?
- This bill has been enacted into law. Introduced March 17, 2023. Enacted.
- Where can I track AB 332?
- Track AB 332 free on One Click Politics — get push/email alerts when it moves.
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