| 1 | 1 | | 25 LC 55 0603 |
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| 2 | 2 | | Senate Bill 341 |
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| 3 | 3 | | By: Senators Tillery of the 19th, Dolezal of the 27th, Hatchett of the 50th, Bearden of the |
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| 4 | 4 | | 30th, Moore of the 53rd and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to deceptive or unfair practices, so as to protect the exercise of constitutional rights;2 |
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| 10 | 10 | | to prohibit discrimination in the provision of essential services; to provide for public and3 |
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| 11 | 11 | | private enforcement; to provide for definitions; to provide a short title; to provide legislative4 |
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| 12 | 12 | | findings and declarations; to provide for related matters; to repeal conflicting laws; and for5 |
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| 13 | 13 | | other purposes.6 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 15 | 15 | | SECTION 1.8 |
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| 16 | 16 | | This Act shall be known and may be cited as the "Freedom of Speech and Belief Act."9 |
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| 17 | 17 | | SECTION 2.10 |
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| 18 | 18 | | The General Assembly finds and declares that:11 |
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| 19 | 19 | | (1) The freedoms enshrined in the Bill of Rights are fundamental to our nation;12 |
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| 20 | 20 | | (2) Among such rights is the freedom of association, which businesses and citizens of13 |
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| 21 | 21 | | this state may ordinarily exercise in choosing to engage or not to engage in business with14 |
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| 22 | 22 | | others;15 |
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| 23 | 23 | | S. B. 341 |
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| 24 | 24 | | - 1 - 25 LC 55 0603 |
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| 25 | 25 | | (3) However, when the exercise of this freedom of association by businesses that provide |
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| 26 | 26 | | 16 |
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| 27 | 27 | | essential goods and services would threaten the ability of citizens of this state to freely17 |
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| 28 | 28 | | exercise their own constitutional rights, it is imperative that the General Assembly act to18 |
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| 29 | 29 | | ensure that the spirit and intent of the Bill of Rights is respected and that the freedoms19 |
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| 30 | 30 | | protected therein are preserved for the citizens of this state;20 |
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| 31 | 31 | | (4) The ability to obtain financial and utility services is essential to the citizens of this21 |
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| 32 | 32 | | state and to modern day life;22 |
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| 33 | 33 | | (5) Today, citizens of this state are at risk of being deprived the ability to obtain financial23 |
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| 34 | 34 | | and utility services due to such citizens' lawful exercise of their constitutional rights;24 |
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| 35 | 35 | | (6) Depriving citizens of this state financial and utility services would put such citizens25 |
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| 36 | 36 | | at an extreme disadvantage in carrying out the duties of daily life and would deprive such26 |
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| 37 | 37 | | citizens of the enjoyment of life, liberty, and the pursuit of happiness; and27 |
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| 38 | 38 | | (7) It is, therefore, incumbent on the General Assembly to preserve the ability of the28 |
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| 39 | 39 | | citizens of this state to obtain financial and utility services by prohibiting financial29 |
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| 40 | 40 | | institutions and utility service providers from depriving such citizens the provision of30 |
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| 41 | 41 | | such services based on such citizens' lawful exercise of their constitutional rights.31 |
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| 42 | 42 | | SECTION 3.32 |
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| 43 | 43 | | The General Assembly further finds and declares that:33 |
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| 44 | 44 | | (1) Legislation containing similar provisions of this Act was introduced in the Senate34 |
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| 45 | 45 | | during the 2025 regular session of the General Assembly, which was assigned Senate35 |
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| 46 | 46 | | Bill 57 as its bill number;36 |
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| 47 | 47 | | (2) On March 6, 2025, such legislation failed to achieve the requisite votes to pass the37 |
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| 48 | 48 | | Senate due, in part, to concerns that instances of discrimination by financial institutions38 |
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| 49 | 49 | | and other essential service providers are rare and that passage of such legislation could39 |
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| 50 | 50 | | result in frivolous litigation;40 |
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| 51 | 51 | | S. B. 341 |
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| 52 | 52 | | - 2 - 25 LC 55 0603 |
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| 53 | 53 | | (3) On March, 7, 2025, organizations affiliated with President Donald J. Trump filed suit |
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| 54 | 54 | | 41 |
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| 55 | 55 | | against Capitol One, N.A. alleging that Capitol One debanked such organizations by42 |
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| 56 | 56 | | terminating hundreds of accounts such organizations held with Capitol One without43 |
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| 57 | 57 | | warning and due to such organization's political affiliations, causing significant business44 |
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| 58 | 58 | | interruptions and considerable financial harm;45 |
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| 59 | 59 | | (4) On or about March 10, 2025, JPMorgan Chase, in response to credible allegations46 |
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| 60 | 60 | | that the company has engaged in debanking practices against its customers, updated its47 |
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| 61 | 61 | | code of conduct to protect its customers against future instances of political and religious48 |
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| 62 | 62 | | discrimination; and49 |
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| 63 | 63 | | (5) Such recent events, together with other instances of discrimination by financial50 |
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| 64 | 64 | | institutions, further demonstrate that the citizens of this state are at risk of being denied51 |
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| 65 | 65 | | essential services based on their constitutionally protected affiliations and activities and52 |
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| 66 | 66 | | that legislation is needed to protect the citizens of this state against such forms of53 |
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| 67 | 67 | | discrimination.54 |
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| 68 | 68 | | SECTION 4.55 |
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| 69 | 69 | | Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to56 |
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| 70 | 70 | | deceptive or unfair practices, is amended in Code Section 10-1-397, relating to cease and57 |
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| 71 | 71 | | desist orders, civil penalties, judicial relief, and receivers, by adding a new subsection to read58 |
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| 72 | 72 | | as follows:59 |
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| 73 | 73 | | "(g)(1) In any action brought pursuant to paragraph (2) of subsection (b) of this Code |
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| 74 | 74 | | 60 |
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| 75 | 75 | | section for a violation of Part 10 of this article, the court may, notwithstanding61 |
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| 76 | 76 | | subparagraph (B) of said paragraph, impose a civil penalty of up to $10,000.00 for the62 |
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| 77 | 77 | | first violation, up to $50,000.00 for a second violation, and up to $250,000.00 for a third63 |
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| 78 | 78 | | or subsequent violation and any such action may be brought without providing the notice64 |
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| 79 | 79 | | required under subsection (c) of this Code section.65 |
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| 80 | 80 | | S. B. 341 |
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| 81 | 81 | | - 3 - 25 LC 55 0603 |
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| 82 | 82 | | (2) If, after investigating a potential violation of Part 10 of this article, the Attorney66 |
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| 83 | 83 | | General elects to not issue an order under paragraph (1) of subsection (b) of this Code67 |
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| 84 | 84 | | section or bring an action pursuant to paragraph (2) of said subsection, the Attorney68 |
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| 85 | 85 | | General shall prepare a report providing the reasons for not issuing such order or bringing69 |
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| 86 | 86 | | such action and shall publish such report on the Department of Law's public website.70 |
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| 87 | 87 | | (3) Whenever the Attorney General has reason to believe that any financial institution71 |
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| 88 | 88 | | is violating or has violated Part 10 of this article, the Attorney General shall, in addition72 |
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| 89 | 89 | | to taking other actions required or authorized under this part, refer such financial73 |
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| 90 | 90 | | institution to the Department of Banking and Finance for investigation of any potential74 |
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| 91 | 91 | | violations of Title 7 or the rules and regulations of the department arising from such75 |
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| 92 | 92 | | violation of Part 10 of this article."76 |
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| 93 | 93 | | SECTION 5.77 |
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| 94 | 94 | | Said article is further amended by adding a new part to read as follows:78 |
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| 95 | 95 | | "Part 1079 |
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| 96 | 96 | | 10-1-439.20.80 |
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| 97 | 97 | | As used in this part, the term:81 |
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| 98 | 98 | | (1) 'Discriminate in the provision of essential services' means, directly or indirectly,82 |
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| 99 | 99 | | restricting or terminating the provision of essential services to a person based on such83 |
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| 100 | 100 | | person's social credit score or such person's exercise of any constitutional right protected84 |
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| 101 | 101 | | by the first ten amendments to the United States Constitution, including, without85 |
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| 102 | 102 | | limitation, such person's speech, association, religious exercise, or ownership of firearms.86 |
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| 103 | 103 | | (2) 'Essential services' means financial services or utility services.87 |
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| 104 | 104 | | (3) 'Essential services provider' means a financial institution or a utility services88 |
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| 105 | 105 | | provider.89 |
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| 106 | 106 | | S. B. 341 |
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| 107 | 107 | | - 4 - 25 LC 55 0603 |
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| 108 | 108 | | (4) 'Established business relationship' means an open account or other existing agreement90 |
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| 109 | 109 | | for the provision of essential services.91 |
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| 110 | 110 | | (5) 'Financial institution' means:92 |
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| 111 | 111 | | (A) A bank or credit union that has more than $2 billion in assets and any affiliate or93 |
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| 112 | 112 | | subsidiary of such a bank or credit union; or94 |
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| 113 | 113 | | (B) A payment processor, credit card company, credit card network, payment network,95 |
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| 114 | 114 | | payment service provider, or payment gateway that has processed more than $2 billion96 |
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| 115 | 115 | | in transactions in the most recent calendar year and any affiliate or subsidiary of such97 |
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| 116 | 116 | | an entity.98 |
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| 117 | 117 | | (6) 'Financial services' means any financial product or service offered by a financial99 |
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| 118 | 118 | | institution.100 |
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| 119 | 119 | | (7) 'Person' means any individual, partnership, association, joint stock company, trust,101 |
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| 120 | 120 | | corporation, nonprofit organization, or other business or legal entity.102 |
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| 121 | 121 | | (8) 'Social credit score' means a score or rating determined by an analysis or evaluation103 |
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| 122 | 122 | | of one or more the following:104 |
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| 123 | 123 | | (A) A person's exercise of any constitutional right protected by the first ten105 |
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| 124 | 124 | | amendments to the United States Constitution, including, without limitation, a person's106 |
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| 125 | 125 | | speech, association, religious exercise, or ownership of firearms;107 |
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| 126 | 126 | | (B) A person's failure or refusal to adopt any policy or make any disclosure relating to108 |
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| 127 | 127 | | emissions of greenhouse gases, as defined in Code Section 12-6-221, beyond what is109 |
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| 128 | 128 | | required by applicable state or federal law;110 |
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| 129 | 129 | | (C) A person's failure or refusal to conduct any type of racial, diversity, or gender audit111 |
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| 130 | 130 | | or disclosure or to implement any quota or give any preference or benefit based in112 |
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| 131 | 131 | | whole or in part on race, diversity, or gender;113 |
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| 132 | 132 | | (D) A person's failure or refusal to facilitate or assist employees in obtaining abortions114 |
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| 133 | 133 | | or gender reassignment services; or115 |
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| 134 | 134 | | S. B. 341 |
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| 135 | 135 | | - 5 - 25 LC 55 0603 |
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| 136 | 136 | | (E)(i) Except as provided in division (ii) of this subparagraph, a person's participation116 |
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| 137 | 137 | | in any lawful business associations or business activities, including, without117 |
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| 138 | 138 | | limitation, business associations or business activities relating to firearms,118 |
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| 139 | 139 | | ammunition, oil, or natural gas.119 |
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| 140 | 140 | | (ii) For the purpose of this subparagraph only, the term 'social credit score' shall not120 |
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| 141 | 141 | | include a financial institution's evaluation of the quantifiable financial risk of a person121 |
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| 142 | 142 | | based on impartial, financial risk based standards concerning the activities described122 |
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| 143 | 143 | | in division (i) of this subparagraph, provided that such standards are established in123 |
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| 144 | 144 | | advance by the financial institution and publicly disclosed to its customers and124 |
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| 145 | 145 | | potential customers. Nothing in this division shall:125 |
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| 146 | 146 | | (I) Require the public disclosure of any information relating to investigations that126 |
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| 147 | 147 | | is prohibited from being publicly disclosed under applicable federal laws, including,127 |
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| 148 | 148 | | but not limited to, the federal Bank Secrecy Act, the federal Right to Financial128 |
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| 149 | 149 | | Privacy Act, and the federal USA PATRIOT Act; provided, however, that any court129 |
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| 150 | 150 | | of competent jurisdiction may review such information in camera if permitted under130 |
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| 151 | 151 | | applicable law; or131 |
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| 152 | 152 | | (II) Limit or restrict the protections afforded under Code Section 7-1-360.132 |
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| 153 | 153 | | (9) 'Utility services' means, as it relates to this Code section herein, one or more of the133 |
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| 154 | 154 | | following services:134 |
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| 155 | 155 | | (A) Electric services;135 |
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| 156 | 156 | | (B) Water and sewer services;136 |
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| 157 | 157 | | (C) Natural gas services; and137 |
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| 158 | 158 | | (D) Broadband services.138 |
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| 159 | 159 | | (10) 'Utility services provider' means any private business entity or enterprise that139 |
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| 160 | 160 | | provides utility services to retail customers.140 |
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| 161 | 161 | | S. B. 341 |
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| 162 | 162 | | - 6 - 25 LC 55 0603 |
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| 163 | 163 | | 10-1-439.21.141 |
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| 164 | 164 | | An essential services provider shall not:142 |
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| 165 | 165 | | (1) Discriminate in the provision of essential services against a person that has an143 |
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| 166 | 166 | | established business relationship with such essential services provider; or144 |
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| 167 | 167 | | (2) Agree, conspire, or coordinate, directly or indirectly, including through any145 |
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| 168 | 168 | | intermediary or third party, with another person or group of persons to engage in activity146 |
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| 169 | 169 | | that is prohibited by paragraph (1) of this Code section.147 |
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| 170 | 170 | | 10-1-439.22.148 |
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| 171 | 171 | | (a) A violation of any provision of this part shall constitute an unfair or deceptive act or149 |
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| 172 | 172 | | practice under, and shall be subject to the provisions of, Part 2 of this article, the 'Fair150 |
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| 173 | 173 | | Business Practices Act of 1975'; provided, however, that enforcement against a violation151 |
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| 174 | 174 | | of this part through a private action shall only be brought pursuant to subsection (b) of this152 |
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| 175 | 175 | | Code section.153 |
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| 176 | 176 | | (b)(1) Any person harmed by a violation of this part may bring an action against the154 |
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| 177 | 177 | | essential services provider that committed or is committing such violation to:155 |
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| 178 | 178 | | (A) Recover, for each violation, actual damages caused by such violation156 |
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| 179 | 179 | | or $50,000.00, whichever is greater; provided, however, that, if the trier of fact157 |
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| 180 | 180 | | determines that the violation was willful, it may increase the award of damages to an158 |
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| 181 | 181 | | amount up to three times the actual damages caused by such violation or $150,000.00,159 |
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| 182 | 182 | | whichever is greater;160 |
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| 183 | 183 | | (B) Obtain declaratory and injunctive relief; and161 |
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| 184 | 184 | | (C) Recover any costs and reasonable attorney's fees incurred in bringing such action.162 |
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| 185 | 185 | | (2) No action shall be brought under this Code section concerning a violation of this part163 |
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| 186 | 186 | | unless such violation has first been referred to the Attorney General for investigation and164 |
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| 187 | 187 | | at least one of the following has occurred:165 |
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| 188 | 188 | | S. B. 341 |
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| 189 | 189 | | - 7 - 25 LC 55 0603 |
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| 190 | 190 | | (A) The Attorney General has issued an order pursuant to paragraph (1) of166 |
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| 191 | 191 | | subsection (b) of Code Section 10-1-397 concerning such violation;167 |
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| 192 | 192 | | (B) The Attorney General has initiated an action in a superior court of competent168 |
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| 193 | 193 | | jurisdiction pursuant to paragraph (2) of subsection (b) of Code Section 10-1-397169 |
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| 194 | 194 | | concerning such violation;170 |
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| 195 | 195 | | (C) The Attorney General, pursuant to paragraph (2) of subsection (g) of Code171 |
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| 196 | 196 | | Section 10-1-397, has prepared and filed a report providing the reasons for not issuing172 |
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| 197 | 197 | | an order or bringing an action under said Code section concerning such violation, which173 |
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| 198 | 198 | | shall be admissible in any action brought pursuant to this Code section; or174 |
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| 199 | 199 | | (D) Six months have elapsed since such violation was referred to the Attorney General175 |
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| 200 | 200 | | for investigation."176 |
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| 201 | 201 | | SECTION 6.177 |
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| 202 | 202 | | All laws and parts of laws in conflict with this Act are repealed.178 |
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| 203 | 203 | | S. B. 341 |
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| 204 | 204 | | - 8 - |
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