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REFERENCE TITLE: financial services; social credit score |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1337 |
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Introduced by Senators Carroll: Borrelli, Gowan, Kerr, Petersen, Shamp, Shope; Representatives Bliss, Payne, Peņa
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An Act
amending title 44, chapter 11, Arizona Revised Statutes, by adding article 12.1; relating to financial services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 12.1, to read:
ARTICLE 12.1. FINANCIAL SERVICES
44-1781. Definitions
In this article, unless the context otherwise requires:
1. "Discriminate in the provision of financial services":
(a) means using a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services.
(b) includes terminating or restricting financial services or refusing to provide financial services.
2. "Financial institution":
(a) Means either:
(i) A bank that has total assets over $100,000,000,000.
(ii) A payment processor, credit card company, payment service provider or payment gateway that has processed more than $10,000,000,000 in transactions in the last calendar year.
(b) Includes any affiliate or subsidiary company even if that company is also a financial institution.
3. "Financial service" means any financial product or service offered by a financial institution.
4. "Social credit score":
(a) Means any analysis, rating, scoring, list or tabulation that evaluates any of the following:
(i) Any person's exercise of religion that is protected from government interference by the first amendment of the United States Constitution or any federal or state law, including all aspects of religious observance and practice, as well as belief and affiliation.
(ii) Any person's speech that is protected from government interference by the first amendment of the United States Constitution or any federal or state law, including the person's opinions, speech or other expressive activities, including the lawful preservation of privacy regarding those activities, such as the refusal to disclose lobbying, political activity or contributions beyond what is required by applicable state and federal law.
(iii) The failure or refusal to adopt any targets or disclosures related to greenhouse gas emissions beyond what is required by applicable state and federal law.
(iv) The 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.
(v) The failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services.
(vi) Except as provided in subdivision (b) of this paragraph, participation in any lawful business associations or business activities, including business activities with an entity that engages in the exploration, production, use, transportation, sale or manufacturing of fossil fuel sources or fossil fuel-based energy, and business activities with an entity that engages in the manufacturing, distribution, wholesale, supply or retail of firearms, firearms accessories or ammunition.
(b) Does not include the financial institution evaluating quantifiable financial risks of a person based on impartial, financial-risk-based standards that includes activities described in subdivision (a), item (vi) of this paragraph if the standards are established in advance by the financial institution and publicly disclosed to customers and potential customers.
44-1782. Discrimination prohibited; explanation required on request
A. A financial institution may not do either of the following:
1. Discriminate in the provision of financial services to a person.
2. Agree, conspire or coordinate, directly or indirectly, including through any intermediary or third party, with another person or group of persons, to engage in discrimination that is described in paragraph 1 of this subsection.
B. If a financial institution restricts or terminates service to a customer or refuses to provide service to a customer, that customer may request a statement of specific reasons within ninety days after receiving notice of the restriction of service or the termination of service or the REFUSAL TO PROVIDE service. The customer may request the statement from a customer service representative or designated account representative by telephone, United States mail or email. The financial institution must transmit the statement of specific reasons by United States mail and email within fourteen days after receiving the customer's request. The statement of specific reasons shall include:
1. A detailed explanation of the basis for the denial or termination of service, including a description of any of the customer's speech, religious exercise, business activity with a particular industry or other conduct that was, in whole or in part, the basis of the financial institution's denial or termination of service.
2. A copy of the terms of service agreed to by the customer and the financial institution.
3. A citation to the specific provisions of the terms of service on which the financial institution relied to restrict or terminate service or refuse to provide service.
44-1783. Enforcement; right of civil action
A. Any violation of this article is an unlawful practice in violation of section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
B. Any person that is harmed by a violation of this article may file a civil action to obtain appropriate relief.