House File 594 - Introduced HOUSE FILE 594 BY THOMSON A BILL FOR An Act relating to discrimination in the provision of financial 1 services, and providing civil penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2343HH (3) 91 nls/ko
H.F. 594 Section 1. NEW SECTION . 529A.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. Discriminate or discrimination means a financial 4 institutions use of a social credit score to directly or 5 indirectly decline to provide the full and equal enjoyment 6 of financial services to a person, and includes refusing to 7 provide, terminating, or restricting financial services to a 8 person. 9 2. Financial institution means any bank incorporated 10 under the provisions of any state or federal law, any savings 11 and loan association incorporated under the provisions of 12 federal law, any credit union organized under the provisions 13 of any state or federal law, and any corporation licensed as 14 an industrial loan company under chapter 536A and that is any 15 of the following: 16 a. A bank with total assets over one hundred billion 17 dollars. 18 b. A payment processor, credit card company, credit card 19 network, payment network, payment service provider, or payment 20 gateway that has processed more than one hundred billion 21 dollars in transactions in the last calendar year. 22 c. An affiliate or subsidiary company of a financial 23 institution. 24 3. Financial service means any financial product or 25 service offered or provided by a financial institution. 26 4. Person means the same as defined in section 4.1. 27 5. Protected from government interference means any 28 speech, religious exercise, association, expression, or conduct 29 protected by the first amendment to the Constitution of the 30 United States, Article I of the Constitution of the State of 31 Iowa, or federal or state law. Protected from government 32 interference does not include any speech, religious exercise, 33 association, expression, or conduct that the United States 34 supreme court, as of July 1, 2025, has expressly held is not 35 -1- LSB 2343HH (3) 91 nls/ko 1/ 6
H.F. 594 protected by the first amendment to the Constitution of the 1 United States, Article I of the Constitution of the State of 2 Iowa, or federal or state law. 3 6. a. Social credit score means an analysis, rating, 4 scoring, list, or tabulation that evaluates any of the 5 following: 6 (1) A persons speech, religious exercise, association, 7 expression, or conduct protected by the first amendment 8 to the Constitution of the United States, Article I of the 9 Constitution of the State of Iowa, or federal or state law. 10 (2) A persons failure or refusal to do any of the 11 following: 12 (a) Adopt targets or disclosures related to greenhouse gas 13 emissions beyond targets or disclosures required by state and 14 federal law. 15 (b) Conduct a racial, diversity, or gender audit or 16 disclosure, or provide a quota, preference, or benefit based 17 on race, diversity, or gender. 18 (c) Facilitate or assist an employee in obtaining an 19 abortion or gender reassignment services. 20 (3) A persons participation in business activities related 21 to a manufacturer or dealer of firearms and ammunition, or 22 business activities with an oil or gas company. 23 (4) A persons status as an elected official or a persons 24 status as a politically exposed person. 25 b. Social credit score shall not include a financial 26 institutions evaluation of a persons quantifiable financial 27 risks based on impartial, financial-risk-based standards if 28 such standards are established in advance by the financial 29 institution and publicly disclosed to customers and potential 30 customers. 31 Sec. 2. NEW SECTION . 529A.2 Discrimination prohibited. 32 1. A financial institution shall not discriminate in the 33 provision of financial services to a person or agree, conspire, 34 or coordinate, directly or indirectly, including through an 35 -2- LSB 2343HH (3) 91 nls/ko 2/ 6
H.F. 594 intermediary or third party, with another person, or group of 1 persons, to discriminate in the provision of financial services 2 to a person. 3 2. If a financial institution refuses to provide, 4 restricts, or terminates financial services to a person, within 5 ninety days of the refusal, restriction, or termination, the 6 person may request a written statement that specifies the 7 reason for the financial institutions refusal to provide, or 8 restriction or termination of, the persons financial services. 9 a. The person may request the statement from a customer 10 service or designated account representative of the financial 11 institution by phone, mail, or electronic mail. The person 12 shall provide the financial institution with a mailing address 13 and an electronic mail address where the statement can be sent. 14 The financial institution shall transmit the statement by mail 15 or electronic mail within fourteen business days of receiving 16 the persons request. 17 b. The financial institutions statement shall include all 18 of the following: 19 (1) A detailed explanation of the basis for the denial, 20 restriction, or termination of the persons financial services, 21 including a description of the persons speech, religious 22 exercise, business activity with a particular industry, or 23 other conduct that was, in whole or in part, the basis of the 24 financial institutions decision. 25 (2) A copy of the terms of service agreed upon, if any, by 26 the financial institution and the person to whom the financial 27 institution refuses to provide, or restricts or terminates, 28 financial services, and a citation to the specific provision 29 of the terms of service upon which the financial institution 30 relied to refuse to provide, or to restrict or terminate, 31 financial services. 32 Sec. 3. NEW SECTION . 529A.3 Enforcement penalties. 33 1. If the attorney general has reasonable belief that a 34 financial institution is in violation of this chapter, the 35 -3- LSB 2343HH (3) 91 nls/ko 3/ 6
H.F. 594 attorney general may bring a civil action to enforce the 1 provisions of this chapter. Upon finding that a financial 2 institution violated this chapter, a court may order any of the 3 following: 4 a. Injunctive relief as necessary to enforce compliance with 5 this chapter. 6 b. Other remedies permitted under the law. 7 c. Damages, restitution, or other compensation on behalf of 8 residents of the state, not to exceed the amount provided by 9 subsection 2, paragraph a . 10 2. A person harmed by a violation of this chapter by a 11 financial institution may bring a civil action, and upon 12 finding that a financial institution violated this chapter, a 13 court may order any of the following: 14 a. Actual damages not to exceed ten thousand dollars, 15 except if the court finds that the violation by the financial 16 institution was willful, damages in an amount equal to three 17 times the amount of actual damages, but not to exceed thirty 18 thousand dollars, in addition to reasonable attorney fees and 19 court costs. 20 b. Injunctive relief as necessary to enforce compliance with 21 this chapter. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to discrimination by a financial 26 institution in the provision of financial services. 27 The bill prohibits a financial institution from 28 discriminating in the provision of financial services to a 29 person, and from agreeing, conspiring, or coordinating with 30 another person or group of persons to discriminate in the 31 provision of financial services to a person. Discrimination 32 is defined by the bill as the use of a social credit score 33 by a financial institution to directly or indirectly decline 34 to provide, terminate, or restrict, financial services to a 35 -4- LSB 2343HH (3) 91 nls/ko 4/ 6
H.F. 594 person. Social credit score is defined by the bill as an 1 analysis, rating, scoring, list, or tabulation that evaluates 2 a persons protected speech, religious exercise, association, 3 expression, or conduct; a persons failure or refusal to adopt 4 targets or disclosures related to greenhouse gas emissions 5 beyond state and federal law requirements; a persons failure 6 or refusal to conduct a racial, diversity, or gender audit 7 or disclosure; a persons failure or refusal to facilitate 8 or assist an employee in obtaining an abortion or gender 9 reassignment services; a persons participation in business 10 activities related to a manufacturer or dealer of firearms and 11 ammunition or business activities with an oil or gas company; 12 or a persons status as an elected official or a politically 13 exposed person. Financial institution and financial 14 service are also defined by the bill. The bill permits a 15 person to whom a financial institution has refused to provide, 16 restricted, or terminated financial services to request a 17 written statement within 90 days of such action specifying 18 the reason for the refusal, restriction, or termination. A 19 person can request the statement from a customer service or 20 designated account representative of the financial institution, 21 and the person shall provide the financial institution with 22 a mailing address and an electronic mail address where the 23 statement can be sent. The financial institution shall 24 transmit the statement within 14 business days of receiving the 25 persons request, and the statement shall include a detailed 26 explanation of the basis for the denial, restriction, or 27 termination, including a description of any of the persons 28 speech, religious exercise, business activity with a particular 29 industry, or other conduct that was a basis for the action 30 taken. The statement shall also include a copy of the 31 terms of service agreed upon by the person and the financial 32 institution, and a citation to the specific provision of the 33 terms of service that was the basis for the action taken. 34 The attorney general may bring civil action to enforce the 35 -5- LSB 2343HH (3) 91 nls/ko 5/ 6
H.F. 594 provisions of the bill and, upon finding that a financial 1 institution violated the bill, a court may order injunctive 2 relief, damages, restitution, other compensation, or other 3 remedies permitted by law. A person harmed by a violation 4 of the bill may bring a civil action and, upon finding that 5 a financial institution violated the bill, a court may order 6 injunctive relief and actual damages not to exceed $10,000 or, 7 upon a finding that the violation by the financial institution 8 was willful, damages equal to three times the amount of actual 9 damages but not to exceed $30,000, in addition to reasonable 10 attorney fees and court costs. 11 -6- LSB 2343HH (3) 91 nls/ko 6/ 6