H784: Financial Institutions/ESG Factors. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Committee
Rules


AN ACT to prohibit financial INSTITUTIONS from discriminating based on political affiliation or value‑based or impact‑based criteria, including ENVIRONMENTal, social, and Governance credit factors.



The General Assembly of North Carolina enacts:



SECTION 1.  Article 6 of Chapter 53C of the General Statutes is amended by adding a new section to read:



§ 53C‑6‑21.  Discrimination prohibited.



(a)        A bank shall not refuse to provide financial services of any kind to, refrain from continuing to provide existing financial services to, terminate existing financial services with, or otherwise discriminate in the provision of financial services against a person solely based on either of the following:



(1)        The person's political affiliation.



(2)        Any value‑based or impact‑based criteria, including social credit scores or environmental, social, and governance credit factors.



(b)        A bank may offer investments, products, or services to a potential customer or investor based on subjective standards only if the standards are fully disclosed and explained to the potential customer or investor before entering into a contract for the investment, product, or service. The bank shall obtain a signature from the potential customer or investor attesting that the bank has disclosed and explained the subjective standards being used by the bank.



(c)        This section does not limit a bank's ability to discontinue or refuse to conduct business with a person when the action is necessary for the physical safety of the bank's employees.



(d)       A person that is refused services by a bank in violation of this section may bring an action for injunctive relief in superior court. If the court finds that the bank has violated this section, the court shall also impose a civil penalty of ten thousand dollars ($10,000) against the bank. If the court finds that the violation was willful, the court may treble the amount of the civil penalty. The clear proceeds of any penalty assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.



SECTION 2.  Article 14C of Chapter 54 of the General Statutes is amended by adding a new section to read:



§ 54‑109.23.  Discrimination prohibited.



G.S. 53C‑6‑21 applies to a credit union organized under Articles 14A to 14L of this Chapter.



SECTION 3.  Article 4 of Chapter 54B of the General Statutes is amended by adding a new section to read:



§ 54B‑79.  Discrimination prohibited.



G.S. 53C‑6‑21 applies to a State association.



SECTION 4.  Article 8 of Chapter 54C of the General Statutes is amended by adding a new section to read:



§ 54C‑181.  Discrimination prohibited.



G.S. 53C‑6‑21 applies to a State savings bank.



SECTION 5.  This act is effective when it becomes law and applies to acts and omissions occurring on or after that date.