SB 276 — Revises provisions related to collection agencies. (BDR 54-158)
Last action — Approved by the Governor. Chapter 534.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed Assembly
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced March 14, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 16, 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
-
Enacted
Current position in the legislative process.
-
2 sponsors
1 primary, 1 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (1 D).
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
147 added · 151 removed147 line(s) added, 151 removed.
REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE EXEMPT (§ 14 & NRS 649.075, 649.295, 649.300) (Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.
276276–Senators SENATELange; B ILLN O .
276–SENATOR LANGE M ARCH 14, 2023 ____________ Referred to Committee on Commerce and LaborHammond SUMMARY—RevisesCHAPTER.......... provisions related to collection agencies.
(BDR 54-158) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Effect on the State:
Yes.lity.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
repealing certain provisions governing foreign providingcollection otheragencies mattersand properlycertificates; relating thereto.penalty;
andproviding -a *SB276_R1*penalty; – 2 – LegExisting law provides for the licensure and regulation of collection agencies and collection agents.
(Chapterand 649providing ofother NRS)matters Sectionproperly 3relating ofthereto. this bill defines the term “debt buyer” to mean a person that is regularly engaged in the business of purchasing claims that have been charged off for the purpose of collecting such claims.
SectionLegislative 14Counsel’s ofDigest: this bill includes a debt buyer within the definition of “collection agency,” thereby requiring a debt buyer to obtain a license as a collection agency and comply with existing law governing collection agencies.
SectionsExisting 18law andprovides 39for ofthe thislicensure bill authorize a debt buyer and anregulation affiliate of thecollection debtagencies from provisions of existing law governing the relationship between a collections agency and acollection customeragents. when debt buyers do not also collect claims on behalf of parties who are not affiliated with the debt buyer.
(Chapter 649 of NRS) Section 3 of this bill defines the term “debt buyer” to mean a person that is regularly engaged in the business of claims.
Section 14 of this bill includes a debt buyer within the definition ofh “collection agency,” thereby requiring a debt buyer to obtain a license as a collection agency and comply with existing law governing collection agencies.
Sections 18 and 39 of this bill authorize a debt buyer and an affiliate of the debt buyer to share a license.
Sections 34, 35 and 38 of this bill exempt debt buyers agency and a customer when debt buyers do not also collect claims on behalf ofn parties who are not affiliated with the debt buyer.
Sections 7-10 of this bill establish requirements governing a collection agentsagency whoto workmaintain certain records concerning such collection agents.s Before a collection agent begins working from a remote locations.location, section 7 requires - 82nd Session (2023) – 2 – the collection agent to:
Specifically,(1) sectionsign 10 requires a collectionwritten agencyagreement to maintainperform certain recordsduties, concerningauthorize suchcertain collectionmonitoring agents.by the employer and refrain from certain activities while working from the remote location;
Before a collection agent begins working from a remote location, section 7 requires authorize certain monitoring by the employer and refrain from certain activities while working from the remote location;
and (3) work infor an office of the collection agency for at least 7 days.days under direct oversight and mentoring from a supervisor.
Section 8 of this bill requires the remote location from which a collection agent works to satisfy certain requirements to protect data and enable the multiple collection agentagents towho workdo safelynot andreside effectively.in the same residence from working from the same remote location;
Section 8 also prohibits:
(1) multiple collection agents who do not reside in the same residence from working from the same remote location;
Section 9 of this bill requires a collection agency to develop and implement a written security policy for work from a remote location and sets forth certain requirements for the security policy.
Section 10 imposes certain additionalainadditional requirements relating to the work of collection agents from a remote location.
Section 14 revises the definition of the term “collection agency” to exclude certain financial institutions, employees of such institutionsinstitutions, persons collecting claims that they originated on their own behalf and various other persons collectingand entities deemed not to be debt collectors under federal law, thereby exempting such of this bill amends the term “collection agent” to mean a person who performs 15 certain activities on behalf of a collection agency outside the place of business of a collection agency, thereby exempting persons who do not act on behalf of a collection agency from requirements governing collection agencies.agents.
Section 15 of this bill amends the term “collection agent” to mean a person who performs certain activities on behalf of a collection agency outside the place of business of a collection agency, thereby exempting persons who do not act on behalf of a collection agency from requirements governing collection agents.
Section 52 of this bill repeals provisions governing foreign collection agencies, thereby requiring such collection agencies to be licensed in the same manner as domestic collection agencies.
Sections 17 andesand to 48 of this bill make certain information provided to the Commissioner of Financial Institutions by an applicant for a license confidential.
Sections 22, 24, 31 and 52 of this bill revise provisions governing the procedure -for *SB276_R1*issuing –a 3license –or removing a business location from the place of business as stated in the license, including by removing a requirement that the Commissioner asissuExisting issuelaw requires a physicalcollection licenseagency to employ a successfulmanager applicant.who is:
Existing law requires a collection agency to employ a manager who is:
and (2) jointly responsible for the operation of the collection agency.
(NRS 649.035, 649.095, 649.305) Sections 16, 20, 26-30, 32, 36, 37, 40 and 51 of this bill revise the term “manager” to “compliance manager.” Section 2616 ofalso thisprovides billthat revisesa thecompliance requirementsmanager is required to applyequally share responsibility only for athe compliancecollection manager’soperation certificate.of the collection agency.
Section 3026 of this bill prohibitsrevises athe compliancerequirements managerto fromapply beingfor employed as a collectioncompliance agencymanager’s andcertificate. an exempt entity at the same time.
SectionsSection 22,of 23,this 29bill andprohibits 52a ofcompliance thismanager billfrom removebeing employed as a requirementcompliance thatmanager anby applicantmore forthan one collection agency at a licensetime, toor operateby a collection agency passand an examinationexempt andentity referencesat tothe thatsame requirement.time.
SectionSections 26.522, 23, 29 and of this bill requiresremove thea Commissionerrequirement tothat waivean theapplicant examination for a certificatelicense asto operate a compliance- manager82nd ifSession the(2023) applicant– and3 – collection agency thatpass employsan theexamination applicantand holdreferences certainto certifications.that requirement.
ExistingSection 26.5 of this bill requires the Commissioner to waive the examination for a certificate as a compliance manager if the applicant and collection agency that emplExisting law requires:
and (2) the Commissioner to determine the appropriate amount of the bond or appropriate Sectionsubstitute 213 ofmonths thisafter billsubmission insteadand requiressemiannually thethereafter. Commissioner to review the amount of that bond or substitute annually.
Show all 232 changed lines (192 more)
(NRS 649.105) Section 21 of this bill instead requires the Commissioner to review the amount of that bond or substitute annually.
Existing law prohibits a collection agency or its agents or employees from engaging in certain practices.
(1) filing a civil action to collect a debt when the collection agency, compliance manager, agent or employee knows or should know that the applicable limitation period for filing such an action has expired;
(NRS 11.190) Existing law provides that, for an action based on indebtedness, the relevant time period begins on the date on which the last payment was made.
(NRSe(NRS 11.200) Section 41 of this bill provides that a payment made on a debt or certain other activity relating to the debt after the time period for filing an action based on a debt has expired does not revive the applicable limitation.
Section 33 requires - *SB276_R1* – 4 – certain notice provided to a medical debtor to notify the debtor that such a payment does not revive the applicable limitation.
- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Debt buyer” means a person who is regularly engaged in the business of purchasing claims that have been charged off for the purpose of collecting such claims, including, without limitation, by personally collecting claims, hiring a third party to collect claims or hiring an attorney to engage in litigation forforSec. the purpose of collecting claims.
Sec.
(b) Read and comply with the security policy established pursuant to section 9 of this act and any policy to ensure the safety of the equipment of the collection agency that the collection agent is (c) Review a description of the work that the collection agent is authorized to use;perform from the remote location and only perform work included in that description;
(c)- Review82nd aSession description(2023) of– the5 work– (d) Refrain from disclosing to a debtor that the collection agent is authorizedworking tofrom performa fromremote location or that the remote location andis onlya performplace workof includedbusiness inof thatthe description;collection agency;
-(e) *SB276_R1*Authorize –the 5employer – (d) Refrain from disclosing to amonitor debtor that the collection agent iswithout workinglimitation, fromrecording aany remotecalls locationto orand thatfrom the remoteremote, location isrelating ato place of business of the collection agency;activities;
(e) Authorize the employer to monitor the collection agent while he or she is working from the remote location, including, without limitation, recording any calls to and from the remote location relating to collection activities;
Complete a program of training at the office of the principal place of business of the collection agency regarding compliance with applicable laws and regulations, privacy, confidentiality, monitoring, security and any other issue relevant to the work the collection agent will perform from the remote location;
Work atfor the office of the principal place of business or a branch office of the collection agency withunder direct oversight and mentoring from a supervisor for at least 7 days.
(1)(2) RecordMonitor calls made to and from the remote location;location in reald time;
and (2) Monitor calls to and from the remote location in real time;
Except as otherwise provided in this subsection, two or more collection agents shall not work from the same remote - *SB276_R1* – 6 – location.
4.- 82nd Session (2023) – 6 – records of a collection agency at a remote location.ny physical 5.
A collection agent shall not print or store any physical records of a collection agency at a remote location.
5.
(1) Utilizes multifactor authentication, data encryption and frequentfreque(2) passwordAutomatically changes;locks a collection agent out of his or her account if suspicious activity is detected;
and (2) Automatically locks a collection agent out of his or her account if suspicious activity is detected;
(f) A procedure for the containment and disclosure of any breach of data that occurs, including, without limitation, the issuance of any disclosure that is required by law;
- *SB276_R1*82nd Session (2023) – 7 – (i) A procedure for conducting an annual risk assessment concerning the protection of the data of debtors, customers and the collection agency and a plan to implement new policies based on the results of the risk assessment;
and (j) Procedures(1) to:Prevent a former collection agent from accessing any system of the collection agency;
(1) Prevent a former collection agent from accessing any system of the collection agency;
A collection agency that complies with the requirements of 16 C.F.R.
(a) Record calls performed by a collection agent conducting collection activities from a remote location and maintain such recordings for at least 43 years;
and (b) Monitor calls performed by a collection agent conducting collection activities from a remote location in real time on a regular basis.
(b) Use the remote location from which a collection agent is workingnumber andin anyadvertising relatedfor address,the telephonecollection numberagency;r or facsimile number(c) inRequire advertisingor invite a debtor to come to a remote location from which a collection agent is working for the purpose of collection agency;activities;
(c) Require or invite a debtor to come to a remote location from which a collection agent is working for the purpose of collection activities;
(1)- The82nd name,Session telephone(2023) number– and8 electronic– mail address of the collection agent;
and -and *SB276_R1*electronic –mail 8 – (2) The address of the remote location;
649.010 “Claim” means any obligation for the payment ofws:
money or its equivalent that is past due [.] , delinquent or in default and assigned to a collection agency.
13.
NRS 649.010 is hereby amended to read as follows:
649.010 “Claim” means any obligation for the payment of money or its equivalent that is past due [.] , delinquent or in default and assigned to a collection agency.
Sec.
(a) [Individuals] Natural persons regularly employed by an exempt entity on a regular wage or salary [, in the capacity of credit men or in other similar capacity upon the staff of employees of any person] who, on behalf of the exempt entity, collect a claim owed to the exempt entity provided that such persons are not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession.
(d) Unit-owners’ associations and the board members, officers, employees and units’ owners of those associations when acting - 82nd Session (2023) – 9 – under the authority of and in accordance with chapter 116 or 116B of NRS and the governing documents of the association, except for those community managers included within the term “collection agency” pursuant to subsection 3.
- *SB276_R1* – 9 – (e) Abstract companies doing an escrow business.
(k) Any person or entity described in 15 U.S.C.
§ 1692a(6)(B).1692a(6)(A) to 1692a(6)(F), inclusive.
(a) [Includes a] A community manager while engaged in the management of a common-interest community or the management of an association of a condominium hotel if the community manager, or any employee, agent or affiliate of the community manager, performs or offers to perform any act associated with the foreclosure of a lien pursuant to NRS 116.31162 to 116.31168,116.31168,h the inclusive, or 116B.635 to 116B.660, inclusive;
- 82nd Session (2023) – 10 – Sec.
649.025 “Collection agent” means any person, [whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity] who, on behalf of a collection agency, makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:
- *SB276_R1* – 10 – 1.
Shares equally with the holder of a license to conduct a collection agency the responsibility for the collection operation of the collection agency;
The Commissioner shall keep in the Office of the Commissioner, in a suitable record provided for the purpose, all applications for certificates, licenses and all bonds required to be filed under this chapter.
Except [for confidential information contained therein, the record must be open for inspection as a public record in the Office of the Commissioner.] as otherwise provided in NRS 239.0115, any application and personal or financial records submitted by a person pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division of Financial Institutions of the Department of Business and - 82nd Session (2023) – 11 – Industry pursuant to an examination, audit or investigation conducted by the Division are confidential and may be disclosed only to:
(a) The Division, any authorized employee of the Division and anychapter.e state or federal agency investigating activity covered by this chapter.(b) The Department of Taxation for its use in carrying out the provisions of chapter 363C of NRS.
(b) The Department of Taxation for its use in carrying out the provisions of chapter 363C of NRS.
- *SB276_R1* – 11 – 649.075 1.
(b) In another state and is seeking to collect a claim from a debtor that resides in this State;
ororg to collect a claim from a (c) In another state and is seeking to collect a claim on behalf of a person or entity that resides in this State.
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership - 82nd Session (2023) – 12 – applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he or she:
Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agencypublic.in in a manner which protects the interests of the general public.2.
2.
- *SB276_R1* – 12 – 3.
Has established a plan to ensure that his or her collection agency will provide the services of a collection agency adequately andandSec. efficiently.
Sec.
- 82nd Session (2023) – 13 – (e) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the compliance manager.
(f) In the case of a corporation or voluntary association, the and the name and residential address of eachthe ofcompliance themanager.ers directors(g) andAny officersother andinformation reasonably related to the nameapplicant’s andqualifications residentialfor addressthe oflicense which the complianceCommissioner manager.determines to be necessary.
(g) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.
- *SB276_R1* – 13 – (i) All information required to complete the application.
Every applicant may be examined concerning the applicant’s competency, experience, character and qualifications by the Commissioner or the Commissioner’s authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied.
EveryEveryred application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.
- 82nd Session (2023) – 14 – Sec.
An applicant for a license must file with the Commissioner, concurrently with the application, a bond in the sum of $35,000, or an appropriate substitute pursuant to NRS 649.119, whichexecuted mustby runthe principal and a surety company authorized to write bonds in the State of Nevada.
The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
- *SB276_R1* – 14 – 3.
9 AMOUNT OF AVERAGE MONTHLY BALANCE BOND REQUIRED Less than $100,000......................................................$35,000 $100,000 or more but less than $150,000......................40,000 $150,000 or more but less than $200,000......................50,000 $200,000 or more ..........................................................60,000 Sec.
and - 82nd Session (2023) – 15 – (b) Update any applicable public record maintained by the Commissioner to show that the person holds an active license that authorizes the person to conduct collection activities in this State.
649.155applicant 1.for a collection agency license does not meet theation or requirements of NRS 649.135 , [or the applicant fails to pass the required examination,] the Commissioner shall enter an order denying the application.
If the Commissioner finds that any application or applicant for a collection agency license does not meet the requirements of NRS 649.135 , [or the applicant fails to pass the required examination,] the Commissioner shall enter an order denying the application.
- *SB276_R1* – 15 – Sec.
The Commissioner shall not issue a permit for a branch office until the principal office of the collection agency has been examinedexa3.nedA bybranch theoffice Commissionermust andhave founda tomanager beon satisfactory.the premises during regular business hours.
3.
A branch office must have a manager on the premises during regular business hours.
(b) Has a good reputation for honesty, trustworthiness and integrity and is competent to [transact the business] oversee the compliance of a collection agency in a manner which protects the - 82nd Session (2023) – 16 – interests of the general public.
(1) Holding a certification from a national association that is a nonprofit organization with expertise in the business of collections,collec(2) Having 3 years of experience working in compliance orfor financiala services;collection agency;
(2) Having 3 years of experience working in compliance for a collection agency;
- *SB276_R1* – 16 – (f) Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts [assigned by creditors who were not affiliated with the collection agency except as assignors of accounts.] or with a financial institution or as a compliance manager.
2.
Each applicant must:
- 82nd Session (2023) – 17 – 3.
If the Commissioner refuses to issue a compliance manager’s certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal.
- *SB276_R1* – 17 – Sec.
The examinations must be of a length, scope and character which the Commissioner deems reasonably necessary to determine thecollection fitnessagencies.pplicants of the applicants to act as compliance managers of collection3. agencies.
3.
- 82nd Session (2023) – 18 – Sec.
649.215 The Commissioner may refuse to permit an applicant for a compliance manager’s certificate to take the examination, or, after a hearing, may suspend or revoke a compliance manager’s certificatecer1.ficCommitted or participated in any act which, if committed or done by a licensee, would be grounds for the applicantsuspension or compliancerevocation managerof has:a license.
1.
Committed or participated in any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
The Commissioner shall issue a compliance manager’s certificate to any applicant who meets the requirements - *SB276_R1* – 18 – of this chapter for the certificate.
Each compliance manager holding a compliance manager’s certificate issued pursuant to this chapter shall notify the Commissioner in writing of any change in his or her residence address within 10 days after the change.
- 82nd Session (2023) – 19 – 3.
A nonrefundable application fee of not more than $500 and a nonrefundable investigation fee of not more than $150 must accompanyacc5.panA eachfee applicationof fornot amore compliancethan manager’s$40 certificate.must be charged for eachficate.
5.compliance manager’s certificate issued and for each annual renewal of such a certificate.
A fee of not more than $40 must be charged for each compliance manager’s certificate issued and for each annual renewal of such a certificate.
- *SB276_R1* – 19 – [10.] 9.
Except as otherwise provided in NRS 658.101, the Commissioner shall adopt regulations establishing the amount of the feesfee[11.] required10.d pExcept as otherwise provided in subsection 1, all money received by the Commissioner pursuant to this section.chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
[11.] 10.
Except as otherwise provided in subsection 1, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
- 82nd Session (2023) – 20 – Sec.
A collection agency shall not remove its business location from the place of business as stated in the [license] record of the licensee except upon prior approval by the Commissioner in writing.wri2.ng.If the removal is approved, the Commissioner shall note the change [upon the face of the license and enter in his or her records a notation of that change.] in the record of the licensee.
2.
If the removal is approved, the Commissioner shall note the change [upon the face of the license and enter in his or her records a notation of that change.] in the record of the licensee.
If the Commissioner denies the application, the Commissioner may [in his -of *SB276_R1* – 20 – or her order] forbid the applicantcollection agency.applicant from participating in the business of3. the collection agency.
3.
- 82nd Session (2023) – 21 – (a) Obtain or attempt to obtain from the creditor any document that is not in the possession of the collection agency and is reasonably responsive to the dispute of the debtor, if any;
and (b) If such a document is obtained, mail the document to the debtor.deb2.r.
2.
649.334agreement 1.between a collection agency and a customer must be specific, intelligible and unambiguous.
The terms and conditions of any written agreement between a collection agency and a customer must be - *SB276_R1* – 21 – specific, intelligible and unambiguous.
- 82nd Session (2023) – 22 – 4.
5.collecting claims on behalf of parties who are not affiliated witho the debt buyer.
This section does not apply to a debt buyer who is not also collecting claims on behalf of parties who are not affiliated with the debt buyer.
(d) A lawful and sufficient claim or notice of lien has been filed by the collection agency on behalf of the customer to ensure payment from money distributed in connection with the probate of an estate, proceeding in bankruptcy, assignment for the benefit of creditors or any similar proceeding;
ororsignment for the benefit of (e) The collection agency has obtained from the debtor an enforceable written promise to make payment.
- *SB276_R1* – 22 – 3.
(a)- [The]82nd IfSession applicable,(2023) the– total23 sum– of money due to all creditors as of the close of the last business day of the preceding month.
2.known by the collection agency to contain false information oris statements constitutes grounds for the suspension of the agency’s license or the compliance manager’s certificate, or both.
The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agency’s license or the compliance manager’s certificate, or both.
- *SB276_R1* – 23 – (c) The total amount of money collected by the collection agency for unit-owners’ associations during the immediatelyimmediatelyn preceding year;
and (e) A statement, signed by the compliance manager of the collection agency, affirming that the collection agency did not collect a [debt] claim against any person during the immediately - 82nd Session (2023) – 24 – preceding year in violation of the provisions of paragraph (i) of subsection 1 of NRS 649.375.
Sec.649.355 1.RS 64Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
38.
NRS 649.355 is hereby amended to read as follows:
649.355 1.
Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
Every licensee maintaining a separate custodial or trust account shall keep a record of all money deposited in the account, which must indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and must showshowr clearly for whose account the money is deposited and to whom the money belongs.
The records must be maintained at the - *SB276_R1* – 24 – premises in this State at which the licensee is authorized to conduct business.
The statement must be submitted within 60 - 82nd Session (2023) – 25 – days after the Commissioner requests it.
Subsections 2, 3 and 4 do not apply to a debt buyer who is notaffiliated alsowith collectingthe claimsdebt onbuyer.ehalf behalf of parties who are not affiliatedSec. with the debt buyer.
Sec.
(a) Use any device, subterfuge, pretense or deceptive means or representations to collect any [debt,] claim, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
(1) Any such interest, charge, fee or expense as authorized by law or contract or as agreed to by the parties has been added to - *SB276_R1* – 25 – the principal of the [debt] claim by the creditor before receipt of the item of collection;
or (3)- The82nd interest,Session charge,(2023) fee– or26 expense– has been judicially determined as proper and legally due from and chargeable againstagainstlly the debtor.
(d) Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the Commissioner [.] , except for employees of a collection agency working from a remote location pursuantpur(e) toHarass sectionsa 7debtor’s employer in collecting or attempting to 10,collect inclusive,a ofclaim, thisnor act.engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner.
(e) Harass a debtor’s employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner.
(h) Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a [debt] claim primarily for personal, family or household purposes whereby the debtor assigns or turns over to the counselor or prorater any of the debtor’s earnings or other money for apportionment and payment of the [debtor’s debts] claim or obligationsconjunctive [.]operation of a business of commercial debt adjustment with a collection agency if the debtor.business deals exclusively with the collection of commercial debt.
This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.
- *SB276_R1* – 26 – (1) A unit-owners’ association, if the collection agency is:
or (II)- Owned82nd orSession operated(2023) by– a27 relative– ofthe acommunity manager for the unit-owners’ association.son who is (2) A person or entity who is thean communityoperator managerof fora tow car, if the unit-owners’collection association.agency is:
(2) A person or entity who is an operator of a tow car, if the collection agency is:
(j) File a civil action to collect a debt when the collection agency, compliance manager, agent or employee knows or shouldshouldion know that the applicable limitation period for filing such an action has expired.
(d) “Property manager” has the meaning ascribed to it in NRSNRS(e) 645.0195.“Relative” means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
(e) “Relative” means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
- *SB276_R1* – 27 – Sec.
and whenever any payment on principal or interest has been or shall - 82nd Session (2023) – 28 – be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.
2.on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation.
NotwithstandingSecs. any other provision of law, any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive or extend the applicable limitation.
Sec.42-47.
42.
43.
(Deleted by amendment.) Sec.
44.
(Deleted by amendment.) Sec.
45.
(Deleted by amendment.) Sec.
46.
(Deleted by amendment.) Sec.
47.
(Deleted by amendment.) 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, - *SB276_R1* – 28 – 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, - 82nd Session (2023) – 29 – 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, 393.045,393.045,, 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, 624.327,61624.327,22625.425,2.3625A.185,31,628.418,7, 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, - *SB276_R1* – 29 – 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,- 647.0947,82nd 648.033,Session 648.197,(2023) 649.065,– 649.067,30 649.095,– 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115,661.115,, 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, 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 fromabstracts thoseor publicmemoranda booksmay andbe used to supply the general public records.with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
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 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 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 otherwiseotherwisemation confidential.
Nothing in this subsection requires a governmental entity - *SB276_R1* – 30 – to provide a copy of a public record in an electronic format or by means of an electronic medium if:
and - 82nd Session (2023) – 31 – (2) Is not available in an electronic format;
or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated fromfromial information that is not otherwise confidential.
[by the Commissioner pursuant to NRS 649.135.649.135;
and 2.] (b) The certificate identification number of the certificate issued to the compliance manager of the collection agency by the Commissioner pursuant to NRSNRS(c) 649.225.The unique identifier registered with the Registry for the compliance manager of the collection agency.
(c) The unique identifier registered with the Registry for the compliance manager of the collection agency.
- *SB276_R1* – 31 – 2.
- 82nd Session (2023) – 32 – 3.
2.Code, substitute appropriately the term “compliance manager” for the term “manager” as previously used in reference to the person responsible for a collection agency.
In preparing supplements to the Nevada Administrative Code, substitute appropriately the term “compliance manager” for the term “manager” as previously used in reference to the person responsible for a collection agency.
LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 649.054Session Regulations(2023) authorizing collection from location outside of Nevada;
standards for trust accounts.
649.145 Conditions for issuance of license;
contents of license.
- *SB276_R1* – 32 – 649.171 Certificate of registration;
limitations on business practices;
fees;
disciplinary action;
regulations.
649.315 Display of license or certificate.
H - *SB276_R1*
Show all 232 changed rows (192 more)
View plain text versions (5)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Reprint 3 View text pdf
- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Approved by the Governor. Chapter 534.
-
Enrolled and delivered to Governor.
-
In Senate. Assembly Amendment No. 926 concurred in. To enrollment.
-
Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.
-
From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 926.) To printer. From printer. To reengrossment. Reengrossed. Third reprint.
-
From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 782.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer. 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.
-
From printer. To engrossment. Engrossed. First reprint. To committee.
-
Read second time. Amended. (Amend. No. 155.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.
-
From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption.
-
From printer. To committee.
-
Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Roberta Lange · Primary
- Scott Hammond · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 65 not signed on
Sponsors (1)
- Lange, Roberta Democratic
Co-sponsors (1)
Not signed on (65)
65 members have not signed on to this bill.
Show all 65 →"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 SB 276?
- SB 276 is sponsored by Lange, Roberta (Democratic) and Scott Hammond.
- What is the current status of SB 276?
- This bill has been enacted into law. Introduced March 14, 2023. Enacted.
- Where can I track SB 276?
- Track SB 276 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 276
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 276
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →