AN ACT to enact the farmers protection act to prevent discrimination in financing against farmers.

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)        Definitions. – The following definitions apply in this section:

(1)        Agriculture producer. – A person engaged in the growing of crops or livestock production.

(2)        ESG commitment. – A bank's decision either to join an initiative or organization that has a purpose of promoting any environmental, social, or political goal, or a bank's ongoing commitment to any environmental, social, or political goal.

(b)        Prohibition. – It is unlawful for a bank to deny, restrict, or cancel its service to an agriculture producer based, in whole or in part, upon the agriculture producer's greenhouse gas emissions, use of fossil‑fuel derived fertilizer, or use of fossil‑fuel powered machinery.

(c)        ESG Commitment. – If a bank has any ESG commitment related to agriculture, there is a rebuttable presumption that the bank's denial, restriction, or cancelation of a service to an agriculture producer violates this section. A bank may overcome this rebuttable presumption by demonstrating, through a preponderance of the evidence, that its denial, restriction, or cancelation of a service was based solely on documented financial considerations rather than an ESG commitment.

(d)       Enforcement. – If a bank violates this section, the Commissioner or agriculture producer may bring a civil action to seek an injunction or civil penalty. A court may assess a civil penalty of up to ten thousand dollars ($10,000) per violation. The clear proceeds of a civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

SECTION 2.  G.S. 54B‑78 reads as rewritten:

§ 54B‑78.  Prohibited practices.

(a)        Any A person or association who shall engage that engages in any either of the following acts or practices shall be is guilty of a Class 1 misdemeanor:

(1)        Defamation: Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of of, any oral, written, or printed statement which that is false regarding the financial condition of any association.

(2)        False information and advertising: Making, publishing, disseminating, or circulating or causing, directly or indirectly, to be made published, disseminated, circulated, or otherwise placed before the public in any publication, media, notice, pamphlet, letter, poster, or any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the savings and loan business or with respect to any person in the conduct of the savings and loan business which that is untrue, deceptive, or misleading.

(b)        The provisions of G.S. 53C‑6‑21 apply to a State association.

SECTION 3.  G.S. 54C‑64 reads as rewritten:

§ 54C‑64.  Prohibited practices.

(a)        A person who that engages in any either of the following acts or practices is guilty of a Class 1 misdemeanor:

(1)        Defamation: Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of of, any oral, written, or printed statement that is false regarding the financial condition of any savings bank.

(2)        False information and advertising: Making, publishing, disseminating, circulating, or otherwise placing before the public in any publication, media, notice, pamphlet, letter, poster, or any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the savings bank business or with respect to any person in the conduct of the savings bank business that is untrue, deceptive, or misleading.

(3)        Repealed by Session Laws 1997‑241, s. 2.

(b)        The provisions of G.S. 53C‑6‑21 apply to a State savings bank.

SECTION 4.  Article 14C of Chapter 54 of the General Statutes is amended by adding a new section to read:

§ 54‑109.23.  Discrimination prohibited.

The provisions of G.S. 53C‑6‑21 apply to a credit union. The Administrator has the enforcement authority described in G.S. 53C‑6‑21(d).

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