Assigned to GOV FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session FACT SHEET FOR S.B. 1094 business; discrimination prohibition; social criteria Purpose Prohibits a financial institution, insurer or credit reporting agency from discriminating against any person based on a political affiliation or other social credit, environmental, social or governmental score or similar values-based or impact criteria. Background A financial institution is a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or financial institution holding company under the jurisdiction of the Department of Insurance and Financial Institutions (A.R.S. § 6-101). An insurer includes a person engaged in the business of making contracts of insurance (A.R.S. § 20-104). A credit reporting agency is a person that regularly engages in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing consumer reports to third parties (A.R.S. § 44-1691). The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex marital status, age, use of a public assistance program for income or because the applicant has, in good faith, exercised any right under the federal Consumer Credit Protection Act (15 U.S.C. 1691). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Prohibits a financial institution, insurer or credit reporting agency doing business in Arizona from discriminating, either directly or indirectly, against any person based on: a) a political affiliation; or b) other social credit, environmental, social or governmental score or similar values-based or impact criteria. 2. Allows a financial institution to offer investments, products or services to a potential customer or investor that include subjective standards if the standards are fully disclosed and explained before entering into a contract for the investments, products or services. 3. States that the Legislature declares that: a) the practice of discrimination against persons or entities in Arizona by using the person's or entity's social credit, environmental, social justice or governmental score is a matter of statewide concern; and b) discrimination based on such scores not only threatens the rights and proper privileges of Arizona's inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. FACT SHEET S.B. 1094 Page 2 4. Stipulates that the prohibition does not interfere with a financial institution's, insurer's or credit reporting agency's ability to discontinue or refuse to conduct business with a person when the action is necessary for the physical safety of its employees. 5. Becomes effective on the general effective date. Prepared by Senate Research January 27, 2025 AN/SDR/slp