Nevada 2023 Regular Session Status: Enacted 2 D cosponsors

SB 290 — Provides for the regulation of employer-integrated earned wage access providers and direct-to-consumer earned wage access providers. (BDR 52-9)

Last action — Chapter 400.

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

This bill has been enacted into law. Introduced March 15, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 13, 2023.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1154 added · 996 removed

1154 line(s) added, 996 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 12, 21) (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
* Senate Bill No.
290 SENATE B ILLN O.
290–Senators Cannizzaro and Lange CHAPTER..........
290–SENATORS C ANNIZZARO AND LANGE M ARCH 15, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Provides for the regulation of employer-integrated earned wage access providers and direct-to- consumer earned wage access providers.
(BDR 52-9) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing the Commissioner, in furtherance of his or her duties with respect to the issuance and renewal of certain licenses, to participate in the Nationwide Multistate Licensing System and Registry;
authorizing the Commissioner to take certain actions relating to participation in the Registry;
Sections 2-33.5 of this bill establish provisions relating to businesses that has not yet been paid to the person.
Sections 2-33.5 of this bill establish provisions relating to businesses that deliver to a person money that represents income that the person has earned but that has not yet been paid to the person.
Section 9 of this bill defines “employer-t that integrated earned wage access provider” as a person who provides such a service after verifying the earned income of the user through certain data provided by the user’s employer, or a person who provides payroll services to that employer.
Section 9 of this bill defines “employer- integrated earned wage access provider” as a person who provides such a service user’s employer, or a person who provides payroll services to that employer.by the Section 3.1 of this bill defines a “direct-to-consumer earned wage access provider” as a person who provides such a service after verifying the earned income of the user through certain data that is not provided by the user’s employer or a person who provides payroll services to that employer.
Section 3.1 of this bill defines a “direct-to-consumer earned wage access provider” user through certain data that is not provided by the user’s employer or a person who provides payroll services to that employer.
Section 12 of this bill prohibits a person from engaging in the business of a provider without a license issued by the Commissioner of Financial Institutions.
provider without a license issued by the Commissioner of Financial Institutions.a Sections 12-15 of this bill set forth certain requirements for licensure as a provider.
Section 16 of this bill requires each holder of a license as a provider to maintain ar.
Section 16 of this bill requires each holder of a license as a provider to maintain a surety bond.
surety bond.
Section 21 of this bill requires the Commissioner to charge a fee for such examinations.
Section 21 of this bill requires the Commissioner to:
Sections 22 and 23 of this bill set forth certain procedures for disciplinary actions against a licensee or person who violates - *SB290_R1* – 2 – the provisions of this bill.
(1) charge a fee for such examinations;
(2) employ a certified public accountant to review and conduct independent audits and examinations of licensed providers;
the employment of the certified public accountant and the performance of the auditso and examinations.
Sections 10.1, 13.1-13.3 and 18.1 of this bill enact provisions to govern the licensing of providers through the Nationwide Multistate Licensing System and Registry developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and operated by the State the Registry become effective on the date that the Commissioner notifies thelating to Governor and the Director of the Legislative Counsel Bureau that the Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of law relating to the issuance and renewal of licenses through the Registry.
(Chapter 347, Statutes of Nevada 2021, at page 2030) Section 13.1 of this bill authorizes the Commissioner to:
(1) in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this bill, to participate in the Registry;
(2) require an applicant for licensure or a - 82nd Session (2023) – 2 – licensee to submit a complete set of fingerprints when the Commissioner determines necessary;
and (3) use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation and certain other federal and state agencies for the purposes of conducting a criminal background check.
Section 13.1 also sets forth certain actions that the Commissioner is authorized to take concerning participation in the Registry, including, among certain information and fees relating to licensure.nses to use the Registry to submit Section 13.2 of this bill requires each applicant for the issuance of a license and certain other persons to submit a complete set of fingerprints to the Registry.
Section 13.3 of this bill:
(1) authorizes the Commissioner to issue a license through the Registry;
and (2) provides that, to the extent that the Commissioner has delegated his or her duties with respect to the issuance or renewal of licenses as authorized under the provisions of this bill, references to the Commissioner in provisions of existing law governing the issuance or renewal of such licenses are deemed to be references to the Registry.
Section 17.1 of this bill authorizes the Commissioner to conduct any necessary investigations and hearings to determine whether any licensee or person has violated any provision of this bill 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.
In conducting such investigation or hearing, section 17.1 authorizes the Commissioner to:
(1) require the attendance and testimony of certain persons;
(2) compel the production of certain documents;
and (3) collect certain feesSection 18.1 of this bill:
(1) requires the Commissioner to report to the Registry certain information concerning violations of applicable laws by applicants for licenses and licensees;
and (2) authorizes the Commissioner to enter into certain agreements or sharing arrangements with the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, and certain other entities.
Sections 22 and 23 of this bill set forth certain procedures for disciplinary actions against a licensee or person who violates the provisions of this bill.
Section 34 of this bill makes governmental agency related to sections 25 and 28.
Section 34 of this bill makes conforming changes relating to the confidentiality of the information collected by a governmental agency related to sections 25 and 28.
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of the information collected by a Section 29 of this bill sets forth certain requirements for the operation of a provider.
Section 29 of this bill sets forth certain requirements for the operation of a provider.
and (2) compelling or attempting to compel payment by a user through certain actions.
and (2) compelling or attempting to compel payment by a user through certain actiSection 33 of this bill provides that earned wage access services provided by a provider licensed pursuant to sections 2-33.5 are not a loan or money transmission and are not subject to any provisions of existing law governing loans and money transmitters.
Section 33 of this bill provides that earned wage access services provided by a and are not subject to any provisions of existing law governing loans and moneyion transmitters.
Sections 34.5-35.5 of this bill provide that the provisions of existing law governing persons engaged in the business of transmitting money or certain loans do not apply to a provider.
Sections 34.5, 35 and 35.5 of this bill provide that the provisions of existing law governing persons engaged in the business of transmitting money or certain loans do not apply to a provider.
(1) on or before December 31, 2025, submit a earned wage access services;
(1) on or before December 31, 2025, submit a report to the Legislature containing certain information relating to the regulation of - 82nd Session (2023) – 3 – earned wage access services;
and (2) prescribe the form and content of anregulation of application for a license to provide earned wage access services.
and (2) prescribe the form and content of an appSection 36.2 of this bill authorizes a person who, as of January 1, 2023, was engaged in the business of providing earned wage access services to continue to engage in that business without obtaining a license pursuant to sections 2-33.5 until December 31, 2024, if the person submits an application for such a license before January 1, 2024.
Section 36.2 of this bill authorizes a person who, as of January 1, 2023, was engaged in the business of providing earned wage access services to continue to engage in that business without obtaining a license pursuant to sections 2-33.5 until December 31, 2024, if the person submits an application for such a license before January 1, 2024.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Direct-to-consumer earned wage access services” means the delivery to a user of an advance of earned but unpaid income based on data that is not employment, income or - *SB290_R1* – 3 – attendance data obtained directly from an employer or an employer’s payroll service provider.
“Direct-to-consumer earned wage access services” means the delivery to a user of an advance of earned but unpaid income based on data that is not employment, income or attendance data obtained directly from an employer or an employer’s payroll service provider.
Sec.
Secs.
5.
5 and 6.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 82nd Session (2023) – 4 – Sec.
6.
(Deleted by amendment.) Sec.
The term includes both employer-integrated earned wage access services and direct-to-consumer earned wage access services.
The term includes both employer-integrated earned wage services.rvices and direct-to-consumer earned wage access Sec.
Sec.
“Employer-integrated earned wage access services” means the delivery to a user of access to earned but unpaid income determined based on employment, income or attendance data - *SB290_R1* – 4 – obtained directly or indirectly from an employer, including, without limitation, an employer’s payroll service provider.
“Employer-integrated earned wage access services” means the delivery to a user of access to earned but unpaid income obtained directly or indirectly from an employer, including, without limitation, an employer’s payroll service provider.
- 82nd Session (2023) – 5 – Sec.
10.1.
“Nationwide Multistate Licensing System and Registry” or “Registry” means a multistate licensing system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and and registration of non-depository financial service entities byg participating state agencies, or any successor to the Nationwide Multistate Licensing System and Registry.
A person shall not engage in the business of a provider unless the person has been issued a license by the Commissioner pursuant to this section.
A person shall not engage in the business of a provider unless the person has been issued a license by the Com2.ssA person who wishes to be licensed as a provider must submit to the Commissioner the application fee established pursuant to subsection 7, and an application, on a form prescribed by the Commissioner, which must contain:
2.
A person who wishes to be licensed as a provider must submit to the Commissioner the application fee established pursuant to subsection 7, and an application, on a form prescribed by the Commissioner, which must contain:
(b) A copy of the proposed terms and conditions of use which will govern the provision of earned wage access services by the applicant, which must include, without limitation, a statement by the applicant that he or she will provide services in accordance with the applicable provisions of the federal Electronic Fund - *SB290_R1* – 5 – Transfer Act 15 U.S.C.
(b) A copy of the proposed terms and conditions of use which will govern the provision of earned wage access services by the applicant, which must include, without limitation, a statement by the applicant that he or she will provide services in accordance with the applicable provisions of the federal Electronic Fund Transfer Act 15 U.S.C.
(d) A schedule of fees proposed to be charged to a user or employer for the provision of earned wage access services, which must include, without limitation, a statement identifying at least one option for a user to obtain earned wage access services from the applicant at no cost to the user;
- 82nd Session (2023) – 6 – (d) A schedule of fees proposed to be charged to a user or employer for the provision of earned wage access services, which must include, without limitation, a statement identifying at least one option for a user to obtain earned wage access services from the(e) A statement that the applicant is applying to be licensed as an employer-integrated earned wage access provider or a direct-to- consumer earned wage access provider, or both;
(e) A statement that the applicant is applying to be licensed as an employer-integrated earned wage access provider or a direct-to- consumer earned wage access provider, or both;
(f) Financial statements of the applicant for the immediately preceding year that have been audited by an independent certified public accountant;
and (f) Any other information required by any regulations adopted by the Commissioner pursuant to section 32 of this act.
and (g) Any other information required by any regulations adopted by the Commissioner pursuant to section 32 of this act.
6.
be accompanied by a fee of not more than $1,000.
An application for the annual renewal of the license must be accompanied by a fee of not more than $1,000.
8 A license issued pursuant to this section is not transferrable or assignable.
- 82nd Session (2023) – 7 – 8.
- *SB290_R1* – 6 – 9.
A license issued pursuant to this section is not transferrable or assignable.
9.
Sec.
in this chapter, each applicant for licensure as a provider must submit:
13.
1.
In addition to any other requirements set forth in this chapter, each applicant for licensure as a provider must submit:
(2) If required by the Commissioner, 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 or international background check on the criminal history of the principal officers of the corporation or association, which must include a written statement authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(2) If required by the Commissioner, 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 or international background corporation or association, which must include a written statement authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(1) Proof satisfactory to the Commissioner that the applicant is at least 21 years of age;
- 82nd Session (2023) – 8 – (1) Proof satisfactory to the Commissioner that the applicant is at least 21 years of age;
(2) Proof satisfactory to the Commissioner that the applicant is a citizen of the United States or lawfully entitled to work in the United States;
(2) Proof satisfactory to the Commissioner that the applicant is a citizen of the United States or lawfully entitled to work i(3) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
and - *SB290_R1* – 7 – (3) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
13.1.
1.
The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry.
The Commissioner may take any Commissioner deems necessary to carry out his or her duties,e including, without limitation:
(a) Facilitating and participating in the establishment and implementation of the Registry;
(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;
(c) Authorizing the Registry to collect and maintain records of applicants for licenses and licensees;
(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;
(e) Requiring an applicant for a license or a licensee to use the Registry to:
(1) Apply for the issuance or renewal of a license;
- 82nd Session (2023) – 9 – (2) Amend or surrender a license;
(3) Submit any reports or the results of any examination that the Commissioner may require;
(4) Pay any applicable fees;
and require;
andgage in any other activity that the Commissioner may (f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for a license or a licensee.
2.
The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.
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.
3.
An applicant for a license or a licensee shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.
4.
The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry limitation, establish additional procedures and requirements fort participation in the Registry.
5.
The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.
Sec.
13.2.
1.
In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license pursuant to this chapter and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:
(a) 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 - 82nd Session (2023) – 10 – and international background check on the criminal history of the person;
(b) Information concerning the personal history, financial history and experience of the person in a form prescribed by the person for the Registry and the Commissioner to obtain:on of the (1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C.
§ 1681a(f), for the purpose of 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 requirements concerning financial responsibility;
(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person;
and (d) Any other information concerning the person that the Registry or the Commissioner may require.
2.
As used in this section:
(a) “Control” has the meaning ascribed to it in NRS 682A.047.
(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.
Sec.
13.3.
1.
Each licensee shall register with and maintain a valid unique identifier with the Registry.
2.
The Commissioner may issue a license through the Reg3.tryTo the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by the provisions of this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.
4.
As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.
Sec.
and (b) Submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.
and (b) Submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department - 82nd Session (2023) – 11 – of Health and Human Services pursuant to NRS 425.520.
(a) The application or any other forms that must be submitted for the issuance or renewal of the license;
for the issuance or renewal of the license;
or (b) A separate form prescribed by the Commissioner.
or must be submitted (b) A separate form prescribed by the Commissioner.
If an applicant indicates on the statement submitted pursuant to paragraph (b) of subsection 1 that the applicant is subject to a court order for the support of a child and is not in - *SB290_R1* – 8 – 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
If an applicant indicates on the statement submitted pursuant to paragraph (b) of subsection 1 that the applicant 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
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 a person who is the holder of a license as a provider, the Commissioner shall deem the license issued to that person 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 holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license 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 suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a provider, the Commissioner shall deem the license issued to that person 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 holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Commissioner shall reinstate a license as a provider that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Commissioner shall reinstate a license as a provider that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose - 82nd Session (2023) – 12 – license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2.
Commissioner, issued by a bonding company authorized to do business in this State and must secure the faithful performance of the obligations of the licensee respecting the provision of earned wage access services.
The bond must be in a form satisfactory to the Commissioner, issued by a bonding company authorized to do business in this State and must secure the faithful performance of the obligations of the licensee respecting the provision of earned wage access services.
- *SB290_R1* – 9 – (a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1;
(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1;
The liability of the surety on a bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
The liability of the surety on a bond to a creditor or warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
17.1.
1.
The Commissioner may conduct any necessary investigations and hearings to determine whether any - 82nd Session (2023) – 13 – licensee 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.
chapter, the Commissioner, or any person designated by the to this Commissioner, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents.
Sec.
3.
for, solicits or holds himself or herself out as willing to provide earned wage access services is presumed to be engaged in the business of a provider and must obtain a license from the Commissioner.
For the purposes of this section, any person who advertises for, solicits or holds himself or herself out as willing to provide earned wage access services is presumed to be engaged in the business of a provider and must obtain a license from the Commissioner.
This section does not entitle the Commissioner or his or her authorized representative to investigate the business or - *SB290_R1* – 10 – examine the books, accounts, papers or records of any attorney who is not a person described in subsection 1, other than examination of those books, accounts, papers and records maintained by such attorney in his or her capacity as a registered agent, and then only to the extent such books, accounts, papers and records are not subject to any privilege in NRS 49.035 to 49.115, inclusive.
This section does not entitle the Commissioner or his or her authorized representative to investigate the business or examine the books, accounts, papers or records of any attorney who is not a person described in subsection 1, other than examination of those books, accounts, papers and records maintained by such attorney in his or her capacity as a registered agent, and then only to the extent such books, accounts, papers and records are not subject to any privilege in NRS 49.035 to 49.115, inclusive.
18.1.
1.
Subject to any limitations or restrictions contained in federal or state law governing the privacy or - 82nd Session (2023) – 14 – confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for licenses or licensees, enforcement actions and other relevant information to the Registry.
including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry.
Such information and material may be shared with federal and state regulatory officials with oversight authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
3.
The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, or other associations representing governmental agencies.
Sec.
The Commissioner or his or her authorized representative may at least annually make an examination of the place of business of each licensee and of the transactions, books, accounts, papers and records of the person as they pertain to the business of a provider and its activities conducted pursuant to a license issued pursuant to this chapter.
The Commissioner or his or her authorized place of business of each licensee and of the transactions, books, accounts, papers and records of the person as they pertain to the business of a provider and its activities conducted pursuant to a license issued pursuant to this chapter.
All money collected by the Commissioner pursuant to subsection 1 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
The Commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of licensed providers.
The Commissioner shall levy an assessment upon each licensed provider to cover all the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
- 82nd Session (2023) – 15 – 3.
All money collected by the Commissioner pursuant to subsections 1 and 2 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
If the Commissioner finds that probable cause for revocation of a license of a licensee exists and that enforcement of this chapter requires immediate suspension of such a license pending investigation, he or she may, upon 5 days’ written notice and a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing about the revocation.
If the Commissioner finds that probable cause enforcement of this chapter requires immediate suspension of such a license pending investigation, he or she may, upon 5 days’ written notice and a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing about the revocation.
Whenever the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to all actions provided for in this chapter and - *SB290_R1* – 11 – without prejudice thereto, enter an order requiring the person to desist or to refrain from such violation.
Whenever the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to all actions provided for in this chapter and without prejudice thereto, enter an order requiring the person to desist or to refrain from such violation.
In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000 upon a person who conducts any business or activity without a license and for which a license is required pursuant to the provisions of this chapter.
In addition to any other remedy or penalty, the than $50,000 upon a person who conducts any business or activity without a license and for which a license is required pursuant to the provisions of this chapter.
and (c) A certification by the person filing the complaint that the facts alleged in the complaint are true to the best knowledge and belief of the person.
and - 82nd Session (2023) – 16 – (c) A certification by the person filing the complaint that the facts alleged in the complaint are true to the best knowledge and belief of the person.
Upon receipt of a complaint filed pursuant to subsection 1, the Commissioner shall send a copy of the complaint to the accused licensee.
Upon receipt of a complaint filed pursuant to subsection 1, accused licensee.
Except as otherwise provided in this section, a complaint filed with the Commissioner pursuant to subsection 1, all documents and other information filed with the complaint and all documents, reports and other information resulting from the investigation of the complaint are confidential and may be - *SB290_R1* – 12 – disclosed only as the Commissioner deems necessary to administer the provisions of this chapter.
Except as otherwise provided in this section, a complaint filed with the Commissioner pursuant to subsection 1, all documents and other information filed with the complaint and all documents, reports and other information resulting from the investigation of the complaint are confidential and may be disclosed only as the Commissioner deems necessary to administer the provisions of this chapter.
(a) A change in the ownership of 25 percent or more of the capital stock or other equivalent ownership interest of the licensee;
(a) A change in the ownership of 25 percent or more of the licensee;tock or other equivalent ownership interest of the (b) A change in control of the licensee;
(b) A change in control of the licensee;
The Commissioner may disapprove a proposed change if, in the reasonable judgment of the Commissioner, the proposed change is inconsistent with the requirements of this chapter.
The Commissioner may disapprove a proposed change if, in the reasonable judgment of the Commissioner, the proposed - 82nd Session (2023) – 17 – Commissioner does not respond to a licensee who submits a notice the pursuant to subsection 2, including, without limitation, any request by the Commissioner for additional information from the licensee, within 10 business days of the date on which the notice was submitted, the proposed change shall be deemed approved.
If the Commissioner does not respond to a licensee who submits a notice pursuant to subsection 2, including, without limitation, any request by the Commissioner for additional information from the licensee, within 10 business days of the date on which the notice was submitted, the proposed change shall be deemed approved.
If the submission of such a notice is not possible before the change due to the unilateral resignation of a principal officer or director or other similar circumstance, the licensee must submit to the Commissioner a notice as promptly as possible after such a change.
If the submission of such a notice is not possible before the change due to the unilateral resignation of a principal officer or director or other similar circumstance, the licensee must submit to the Commissioner a notice as promptly as possible after Commissioner, the change in the principal officers or directors of the licensee is inconsistent with the requirements of this chapter, the Commissioner may require the licensee to take such action as the Commissioner deems necessary to ensure compliance with the provisions of this chapter.
If, in the reasonable judgment of the Commissioner, the change in the principal officers or directors of the licensee is inconsistent with the requirements of this chapter, the Commissioner may require the licensee to take such action as the Commissioner deems necessary to ensure compliance with the provisions of this chapter.
Sec.
- *SB290_R1* – 13 – Sec.
(b) A copy of each complaint that has been filed by a user who received earned wage access services in this State in the immediately preceding year against the licensee with the Better Business Bureau or the Consumer Financial Protection Bureau and a description of the resolution, if any, of each such complaint;
(b) A copy of each complaint that has been filed by a user who received earned wage access services in this State in the immediately preceding year against the licensee with the Better Business Bureau or the Consumer Financial Protection Bureau and(c) The total amount of charges paid by users for earned wageint;
(c) The total amount of charges paid by users for earned wage access services in the preceding year in this State;
access services in the preceding year in this State;
(e) The total number of users in this State who participated in 12 or more earned wage access transfers provided by the licensee in the immediately preceding year;
- 82nd Session (2023) – 18 – (e) The total number of users in this State who participated in or more earned wage access transfers provided by the licensee in the immediately preceding year;
and (f) Any other information required by the Commissioner pursuant to regulations adopted pursuant to this chapter.
and (f) Any other information required by the Commissioner pur2.antIf audited financial statements are not available to a licensee on or before April 15 in any year, the licensee may satisfy the requirements of paragraph (a) of subsection 1 by submitting to the Commissioner:
2.
If audited financial statements are not available to a licensee on or before April 15 in any year, the licensee may satisfy the requirements of paragraph (a) of subsection 1 by submitting to the Commissioner:
- *SB290_R1* – 14 – 2.
2.
and (b) Fully and clearly disclose all fees associated with the earned wage access services;
and(b) Fully and clearly disclose all fees associated with the earned wage access services;
6.
- 82nd Session (2023) – 19 – or other payments including, without limitation, voluntary tips, gratuities or other donations from a user’s account at a depository institution, including through a preauthorized electronic fund transfer:
If a provider seeks payment of outstanding proceeds, fees or other payments including, without limitation, voluntary tips, gratuities or other donations from a user’s account at a depository institution, including through a preauthorized electronic fund transfer:
The requirements set forth in subparagraphs (1) and (2) of paragraph (f) do not apply to any payments of outstanding amounts or fees incurred by a user through fraudulent or other unlawful means.
The requirements set forth in paragraphs (a) and (b) of subsection 6 do not apply to any payments of outstanding amounts or fees incurred by a user through fraudulent or other unlawful meaSec.
Sec.
- *SB290_R1* – 15 – (c) Charge a late fee, deferral fee, interest or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities or other donations;
(c) Charge a late fee, deferral fee, interest or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities or other donations;
(e) Compel or attempt to compel payment by a user of outstanding proceeds, fees, voluntary tips, gratuities or other donations to the provider through any of the following means:
outstanding proceeds, fees, voluntary tips, gratuities or other donations to the provider through any of the following means:
2.
- 82nd Session (2023) – 20 – 2.
The limitations set forth in paragraph (e) of subsection 1 shall not preclude the use by a provider of any of the foregoing methods specified in paragraph (e) to compel or attempt to compel payment of outstanding amounts or fees incurred by a user through fraudulent or other unlawful means, nor shall they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.
The limitations set forth in paragraph (e) of subsection 1 shall not preclude the use by a provider of any of the foregoing methods specified in paragraph (e) of subsection 1 to compel or attempt to compel payment of outstanding amounts or fees nor shall they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.
2.
and any other statute, the provisions of this chapter control.hapter Sec.
If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.
- *SB290_R1* – 16 – Sec.
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, - *SB290_R1* – 17 – 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, 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, - *SB290_R1* – 18 – 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, and sections 25 and 28 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.
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, - 82nd Session (2023) – 21 – 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, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,15, 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, 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, - 82nd Session (2023) – 22 – 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, 483.363, 48483.575,81483.659,2.483.800,.36484A.469,36,484B.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, 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, and sections 25 and 28 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 - 82nd Session (2023) – 23 – records.
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 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, included in the public book or record that is not otherwisemation 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.
or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from inf5.matAn officer, employee or agent of a governmental entity who has legal custody or control of a public record:
- *SB290_R1* – 19 – 5.
An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(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.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require - 82nd Session (2023) – 24 – the person who has requested the copy to prepare the copy himself or herself.
604A.250 The provisions of this chapter do not apply to:
1.4A.Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.
1.
Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.
6.
that has been continuously and exclusively engaged in a check-tate cashing service in this State since July 1, 1973.
A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check- cashing service in this State since July 1, 1973.
- *SB290_R1* – 20 – 10.
10.
12.
- 82nd Session (2023) – 25 – (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
Any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
17.
services pursuant to the chapter consisting of sections 2 to 33.5, inclusive, of this act.
A provider licensed to provide earned wage access services pursuant to the chapter consisting of sections 2 to 33.5, inclusive, of this act.
2.
attaching to the sale, issuance, receipt for transmission orotherwise transmission of checks or money in any form.
Subsection 1 does not reduce or alter any liability otherwise attaching to the sale, issuance, receipt for transmission or transmission of checks or money in any form.
- *SB290_R1* – 21 – 1.
1.
Except as otherwise provided in NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies, pawnbrokers or insurance companies.
Except as otherwise provided in NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit - 82nd Session (2023) – 26 – unions, mortgage companies, thrift companies, pawnbrokers or insurance companies.
§ 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.
§ plan’s trustee.
4.
loan is made directly from money in the plan by the 4.
A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.
A person licensed to do business pursuant to chapter 604A 604A of NRS.regard to those services regulated pursuant to chapter 11.
11.
- *SB290_R1* – 22 – Sec.
Sec.
On or before December 31, 2025, the Commissioner of Financial Institutions shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature which includes an analysis of and any recommendations concerning earned wage access services and potential changes to regulations governing earned wage access services that may be warranted.
On or before December 31, 2025, the Commissioner of Financial Institutions shall prepare and submit a report to the Director of the Legislative Counsel Bureau for - 82nd Session (2023) – 27 – transmittal to the Legislature which includes an analysis of and any recommendations concerning earned wage access services and potential changes to regulations governing earned wage access services that may be warranted.
2.
the meaning ascribed to it in section 7 of this act.
As used in this section, “earned wage access services” has the meaning ascribed to it in section 7 of this act.
services” has Sec.
Sec.
36.4.
As soon as practicable after determining that the Nationwide Multistate Licensing System and Registry, as defined in section 10.1 of this act, has sufficient capabilities to allow the Commissioner of Financial Institutions to carry out the amendatory provisions of sections 2 to 33.5, inclusive, of this act, the and the Director of the Legislative Counsel Bureau of that fact, and shall publish notice to the public of that fact on the Internet website of the Division of Financial Institutions of the Department of Business and Industry.
Sec.
This section becomes effective upon passage and approval.
This section and section 36.4 of this act become effective upon passage and approval.
Sections 1 to 16, inclusive, and 18 to 36.2, inclusive, of this act become effective:
Sections 1 to 10, inclusive, 10.2 to 13, inclusive, 14, 15, 16, 17.1, 18 and 19 to 36.2, inclusive, of this act become effective:
Section 17 of this act becomes effective on January 1, 2024.
Sections 10.1, 13.1, 13.2, 13.3 and 18.1 of this act become effective on the date on which the Commissioner of Financial Institutions, pursuant to section 36.4 of this act, notifies the - 82nd Session (2023) – 28 – Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry, as defined in section 10.1 of this act, has sufficient capabilities to allow the Commissioner to carry out the provisions of sections 2 to 33.5, inc4.sivSection 17 of this act becomes effective on January 1, 2024.
4.
Sections 1 to 13, inclusive, and 16 to 36, inclusive, of this act expire by limitation on December 31, 2029.
Sections 14 and 15 of this act expire by limitation on the earlier of December 31, 2029, or the date on which the provisions of 42 U.S.C.
Sections 1 to 13, inclusive, and 16 to 36, inclusive, of this act expire by limitation on December 31, 2029.
6.
Sections 14 and 15 of this act expire by limitation on the earlier of December 31, 2029, or the date on which the provisions of U.S.C.
or - *SB290_R1* – 23 – (b) Are in arrears in the payment of the support of one or more children, are repealed by the Congress of the United States.
or (b) Are in arrears in the payment of the support of one or more children, are repealed by the Congress of the United States.
H - *SB290_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 400.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 35, Nays: 7.) To Senate.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Do pass. Placed on Second Reading File. Read second time.

  9. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  10. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 557.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 1, Excused: 1.) To printer.

  11. From printer. To engrossment. Engrossed. First reprint. To committee.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 243.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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

Subjects

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

Frequently asked questions

Who sponsors SB 290?
SB 290 is sponsored by Cannizzaro, Nicole J. (Democratic) and Lange, Roberta (Democratic).
What is the current status of SB 290?
This bill has been enacted into law. Introduced March 15, 2023. Enacted.
Where can I track SB 290?
Track SB 290 free on One Click Politics — get push/email alerts when it moves.

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