13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO PROTECT CONSUMERS THROUGH FAIR ACCESS TO FINANCIAL 2 |
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15 | 15 | | SERVICES. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1. Article 6 of Chapter 53C of the General Statutes is amended by adding 5 |
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18 | 18 | | a new section to read: 6 |
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19 | 19 | | "§ 53C-6-21. Discrimination prohibited. 7 |
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20 | 20 | | (a) Unlawful Factors. – It is unlawful for a bank to deny or cancel its services to a person, 8 |
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21 | 21 | | or to otherwise discriminate against a person in providing its services, on the basis of any of the 9 |
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22 | 22 | | following factors: 10 |
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23 | 23 | | (1) The person's political opinions, speech, or affiliations. 11 |
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24 | 24 | | (2) The person's religious beliefs, religious exercise, or religious affiliations, 12 |
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25 | 25 | | unless the bank claims a religious purpose. 13 |
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26 | 26 | | (3) Any factor if it is not a quantitative, impartial, and risk-based standard, 14 |
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27 | 27 | | including any factor related to the person's business. 15 |
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28 | 28 | | (4) The use of any rating, scoring, analysis, tabulation, or action that considers a 16 |
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29 | 29 | | social credit score based on any of the following: 17 |
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30 | 30 | | a. The person's lawful ownership of a firearm. 18 |
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31 | 31 | | b. The person's engagement in the lawful manufacture, distribution, sale, 19 |
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32 | 32 | | purchase, or use of firearms or ammunition. 20 |
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33 | 33 | | c. The person's engagement in the exploration, production, utilization, 21 |
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34 | 34 | | transportation, sale, or manufacture of fossil fuel-based energy, 22 |
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35 | 35 | | timber, mining, or agriculture. 23 |
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36 | 36 | | d. The person's support of the State or federal government in combating 24 |
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37 | 37 | | illegal immigration, drug trafficking, or human trafficking. 25 |
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38 | 38 | | e. The person's failure or expected failure to meet any of the following 26 |
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39 | 39 | | so long as the person is in compliance with State and federal law: 27 |
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40 | 40 | | 1. Environmental standards, including emissions standards, 28 |
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41 | 41 | | benchmarks, requirements, or disclosures. 29 |
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42 | 42 | | 2. Social governance standards, benchmarks, or requirements, 30 |
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43 | 43 | | including environmental or social justice. 31 |
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44 | 44 | | 3. Corporate board or company employment composition 32 |
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45 | 45 | | standards, benchmarks, requirements, or disclosures based on 33 |
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48 | 51 | | 4. Policies or procedures requiring or encouraging employee 1 |
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49 | 52 | | participation in social justice programming, including 2 |
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50 | 53 | | diversity, equity, or inclusion training. 3 |
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51 | 54 | | (5) The person's engagement with, facilitation of, employment by, support of, 4 |
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52 | 55 | | business relationship with, representation of, or advocacy for any person 5 |
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53 | 56 | | described in this subsection. 6 |
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54 | 57 | | (b) Subjective Standards. – A bank may offer a service to a person based on subjective 7 |
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55 | 58 | | standards only if the standards are fully disclosed and explained to the person before entering 8 |
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56 | 59 | | into a contract for the service. The bank shall obtain a signature from the person attesting that the 9 |
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57 | 60 | | bank has disclosed and explained the subjective standards being used by the bank. 10 |
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58 | 61 | | (c) Annual Report. – By January 1 of each year, a bank shall attest, under penalty of 11 |
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59 | 62 | | perjury, on a form prescribed by the Commissioner whether the bank is in compliance with this 12 |
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60 | 63 | | section. 13 |
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61 | 64 | | (d) Private Right of Action. – A person aggrieved by a violation of this section may bring 14 |
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62 | 65 | | an action for damages or injunctive relief. A violation of this section is an unfair or deceptive 15 |
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63 | 66 | | trade practice under G.S. 75-1.1." 16 |
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64 | 67 | | SECTION 2. G.S. 54B-78 reads as rewritten: 17 |
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65 | 68 | | "§ 54B-78. Prohibited practices. 18 |
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66 | 69 | | (a) Any A person or association who shall engage that engages in any either of the 19 |
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67 | 70 | | following acts or practices shall be is guilty of a Class 1 misdemeanor: 20 |
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68 | 71 | | (1) Defamation: Making, publishing, disseminating, or circulating, directly or 21 |
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69 | 72 | | indirectly, or aiding, abetting, or encouraging the making, publishing, 22 |
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70 | 73 | | disseminating, or circulating of of, any oral, written, or printed statement 23 |
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71 | 74 | | which that is false regarding the financial condition of any association. 24 |
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72 | 75 | | (2) False information and advertising: Making, publishing, disseminating, or 25 |
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73 | 76 | | circulating or causing, directly or indirectly, to be made published, 26 |
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74 | 77 | | disseminated, circulated, or otherwise placed before the public in any 27 |
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75 | 78 | | publication, media, notice, pamphlet, letter, poster, or any other way, an 28 |
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76 | 79 | | advertisement, announcement, or statement containing any assertion, 29 |
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77 | 80 | | representation, or statement with respect to the savings and loan business or 30 |
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78 | 81 | | with respect to any person in the conduct of the savings and loan business 31 |
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79 | 82 | | which that is untrue, deceptive, or misleading. 32 |
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80 | 83 | | (b) The provisions of G.S. 53C-6-21 apply to a State association." 33 |
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81 | 84 | | SECTION 3. G.S. 54C-64 reads as rewritten: 34 |
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82 | 85 | | "§ 54C-64. Prohibited practices. 35 |
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83 | 86 | | (a) A person who that engages in any either of the following acts or practices is guilty of 36 |
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84 | 87 | | a Class 1 misdemeanor: 37 |
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85 | 88 | | (1) Defamation: Making, publishing, disseminating, or circulating, directly or 38 |
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86 | 89 | | indirectly, or aiding, abetting, or encouraging the making, publishing, 39 |
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87 | 90 | | disseminating, or circulating of of, any oral, written, or printed statement that 40 |
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88 | 91 | | is false regarding the financial condition of any savings bank. 41 |
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89 | 92 | | (2) False information and advertising: Making, publishing, disseminating, 42 |
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90 | 93 | | circulating, or otherwise placing before the public in any publication, media, 43 |
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91 | 94 | | notice, pamphlet, letter, poster, or any other way, an advertisement, 44 |
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92 | 95 | | announcement, or statement containing any assertion, representation, or 45 |
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93 | 96 | | statement with respect to the savings bank business or with respect to any 46 |
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94 | 97 | | person in the conduct of the savings bank business that is untrue, deceptive, 47 |
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95 | 98 | | or misleading. 48 |
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96 | 99 | | (3) Repealed by Session Laws 1997-241, s. 2. 49 |
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97 | 100 | | (b) The provisions of G.S. 53C-6-21 apply to a State savings bank." 50 General Assembly Of North Carolina Session 2025 |
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99 | 102 | | SECTION 4. Article 14C of Chapter 54 of the General Statutes is amended by adding 1 |
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100 | 103 | | a new section to read: 2 |
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101 | 104 | | "§ 54-109.23. Discrimination prohibited. 3 |
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102 | 105 | | The provisions of G.S. 53C-6-21 apply to a credit union. A credit union shall submit the 4 |
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103 | 106 | | annual report described in G.S. 53C-6-21(b) to the Administrator." 5 |
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104 | 107 | | SECTION 5. G.S. 58-63-15 reads as rewritten: 6 |
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105 | 108 | | "§ 58-63-15. Unfair methods of competition and unfair or deceptive acts or practices 7 |
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106 | 109 | | defined. 8 |
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107 | 110 | | The following are hereby defined as unfair methods of competition and unfair and deceptive 9 |
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108 | 111 | | acts or practices in the business of insurance: 10 |
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109 | 112 | | … 11 |
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110 | 113 | | (7) Unfair Discrimination. – 12 |
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111 | 114 | | … 13 |
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112 | 115 | | e. Refusing to insure or charging a different rate solely in consideration 14 |
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113 | 116 | | of the risks relating to environmental, social, and governance criteria, 15 |
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114 | 117 | | as defined in G.S. 143-162.6; diversity, equity, or inclusion policies; 16 |
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115 | 118 | | or political and ideological factors, unless the refusal or different rate 17 |
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116 | 119 | | is the result of the application of sound underwriting and actuarial 18 |
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117 | 120 | | principles related to actual or reasonably anticipated loss experience. 19 |
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118 | 121 | | …." 20 |
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119 | 122 | | SECTION 6. This act is effective when it becomes law and applies to acts committed 21 |
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120 | 123 | | on or after that date. 22 |
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