SB2560113th GA (Historical)Introduced

Amends TCA Title 45 and Title 47, Chapter 18.

DISCRIMINATION PROHIBITED This bill prohibits a financial institution from (i) discriminating in the provision of financial services to a person or legal entity ("person") and (ii) agreeing, conspiring, or coordinating, directly or indirectly, including through an intermediary or third party, with another person, or group of persons, to engage in activity prohibited by (i). For purposes of this bill, "discriminating in the provision of financial services" (i) means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services; and (ii) includes refusing to provide, terminating, or restricting financial services. A "social credit score" means any analysis, rating, scoring, list, or tabulation that evaluates the following: (A) A person's exercise of religion that is protected from government interference by the First Amendment to the United States constitution, Article I, § 3 of the Tennessee constitution, or federal or state law, including all aspects of religious observance and practice, as well as belief and affiliation; (B) A person's speech that is protected from government interference by the First Amendment to the United States constitution or Article I, §19 of the Tennessee constitution, or federal or state law, including the person's opinions, speech, or other expressive activities, and the lawful preservation of privacy regarding such activities, such as the refusal to disclose lobbying, political activity, or contributions beyond what is required by applicable state and federal law; (C) Failure or refusal to adopt targets or disclosures related to greenhouse gas emissions beyond what is required by applicable state and federal laws; (D) Failure or refusal to conduct any type of racial, diversity, or gender audit or disclosure or to provide any sort of quota, preference, or benefit based, in whole or in part, on race, diversity, or gender; (E) Failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services; or (F) Participation in a lawful business association or business activity, including (i) business activities with an entity that engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel sources or fossil fuel-based energy; or (ii) business activities with an entity that engages in the manufacturing, distribution, wholesale, supply, or retail of firearms, firearms accessories, or ammunition and excluding a financial institution's evaluation of quantifiable financial risks of a person based on impartial, financial-risk-based standards that include activities described in (F)(i), if such standards are established in advance by the financial institution and publicly disclosed to customers and potential customers. This bill authorizes a customer to request a written statement of specific reasons within 90 days if a financial institution refuses to provide, restricts, or terminates service to the customer. The customer may request the statement from a customer service representative or designated account representative by phone, U.S. mail, or electronic mail. The financial institution is required to transmit the written statement of specific reasons via U.S. mail and electronic mail within 14 days of receiving the customer's request. The written statement of specific reasons must include (i) a detailed explanation of the basis for the denial, restriction, or termination of service; (ii) a copy of the terms of service agreed to by the customer and the financial institution; and (iii) a citation to the specific provisions of the terms of service upon which the financial institution relied to refuse to provide, restrict, or terminate service. ENFORCEMENT This bill requires the commissioner of financial institutions ("commissioner") to enforce this bill. This bill establishes that a financial institution that violates the provisions of this bill is subject to a fine of $10,000. Additionally, it is a Class A misdemeanor for a financial institution to commit five or more violations within a 12-month period from the date of the first violation. CIVIL CAUSE OF ACTION This bill authorizes the aggrieved party to initiate a civil action for injunctive relief, including an application for a permanent or temporary injunction, restraining order, or other order as necessary to enforce this bill whenever a financial institution has engaged or there are reasonable grounds to believe that a financial institution is about to engage in an act or practice prohibited by this bill. This bill additionally authorizes an aggrieved party to initiate a civil action to recover actual damages, or $10,000, whichever is greater, for harm caused by each act or practice in violation of the provision under the heading "Discrimination Prohibited," above. If the trier of fact finds that the violation was willful, it may award damages of up to three times the actual damages sustained, or $30,000, whichever is greater. This bill requires a court to award a prevailing plaintiff reasonable attorneys' fees and court costs.

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Overview

DISCRIMINATION PROHIBITED This bill prohibits a financial institution from (i) discriminating in the provision of financial services to a person or legal entity ("person") and (ii) agreeing, conspiring, or coordinating, directly or indirectly, including through an intermediary or third party, with another person, or group of persons, to engage in activity prohibited by (i). For purposes of this bill, "discriminating in the provision of financial services" (i) means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services; and (ii) includes refusing to provide, terminating, or restricting financial services. A "social credit score" means any analysis, rating, scoring, list, or tabulation that evaluates the following: (A) A person's exercise of religion that is protected from government interference by the First Amendment to the United States constitution, Article I, § 3 of the Tennessee constitution, or federal or state law, including all aspects of religious observance and practice, as well as belief and affiliation; (B) A person's speech that is protected from government interference by the First Amendment to the United States constitution or Article I, §19 of the Tennessee constitution, or federal or state law, including the person's opinions, speech, or other expressive activities, and the lawful preservation of privacy regarding such activities, such as the refusal to disclose lobbying, political activity, or contributions beyond what is required by applicable state and federal law; (C) Failure or refusal to adopt targets or disclosures related to greenhouse gas emissions beyond what is required by applicable state and federal laws; (D) Failure or refusal to conduct any type of racial, diversity, or gender audit or disclosure or to provide any sort of quota, preference, or benefit based, in whole or in part, on race, diversity, or gender; (E) Failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services; or (F) Participation in a lawful business association or business activity, including (i) business activities with an entity that engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel sources or fossil fuel-based energy; or (ii) business activities with an entity that engages in the manufacturing, distribution, wholesale, supply, or retail of firearms, firearms accessories, or ammunition and excluding a financial institution's evaluation of quantifiable financial risks of a person based on impartial, financial-risk-based standards that include activities described in (F)(i), if such standards are established in advance by the financial institution and publicly disclosed to customers and potential customers. This bill authorizes a customer to request a written statement of specific reasons within 90 days if a financial institution refuses to provide, restricts, or terminates service to the customer. The customer may request the statement from a customer service representative or designated account representative by phone, U.S. mail, or electronic mail. The financial institution is required to transmit the written statement of specific reasons via U.S. mail and electronic mail within 14 days of receiving the customer's request. The written statement of specific reasons must include (i) a detailed explanation of the basis for the denial, restriction, or termination of service; (ii) a copy of the terms of service agreed to by the customer and the financial institution; and (iii) a citation to the specific provisions of the terms of service upon which the financial institution relied to refuse to provide, restrict, or terminate service. ENFORCEMENT This bill requires the commissioner of financial institutions ("commissioner") to enforce this bill. This bill establishes that a financial institution that violates the provisions of this bill is subject to a fine of $10,000. Additionally, it is a Class A misdemeanor for a financial institution to commit five or more violations within a 12-month period from the date of the first violation. CIVIL CAUSE OF ACTION This bill authorizes the aggrieved party to initiate a civil action for injunctive relief, including an application for a permanent or temporary injunction, restraining order, or other order as necessary to enforce this bill whenever a financial institution has engaged or there are reasonable grounds to believe that a financial institution is about to engage in an act or practice prohibited by this bill. This bill additionally authorizes an aggrieved party to initiate a civil action to recover actual damages, or $10,000, whichever is greater, for harm caused by each act or practice in violation of the provision under the heading "Discrimination Prohibited," above. If the trier of fact finds that the violation was willful, it may award damages of up to three times the actual damages sustained, or $30,000, whichever is greater. This bill requires a court to award a prevailing plaintiff reasonable attorneys' fees and court costs.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
033048231768

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SB2560: Amends TCA Title 45 and Title 47, Chapter 18. | LegisGo