The proposed bill, known as the Fair Access to Financial Services Act, aims to amend the Code of West Virginia by introducing new provisions that prohibit discrimination by financial institutions. It establishes definitions for discriminatory factors, which include any actions that negatively impact individuals based on their constitutional rights, lawful commercial activities, conscience rights regarding abortion and gender transition services, and requirements related to greenhouse gas emissions or diversity audits. The bill mandates that financial institutions must not refuse or limit services based on these discriminatory factors unless required by law, and it outlines exceptions for cases involving fraud or criminal conduct.

Additionally, the bill requires financial institutions to provide transparency upon request, detailing the objective factors that influenced their decisions to deny or limit services. It empowers individuals who experience discrimination to seek damages and equitable relief, while also granting the Attorney General the authority to investigate and take action against violations. The legislation specifies that individuals can recover attorney fees and litigation costs if they prevail in their claims, and it establishes a two-year statute of limitations for bringing civil actions under this article.

Statutes affected:
Introduced Version: 46A-6-102, 46A-6-105, 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4, 46A-6O-5, 46A-6O-6
Committee Substitute: 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4, 46A-6O-5
Committee Substitute for the Committee Substitute: 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4, 46A-6O-5