South CarolinaH 5538126th General Assembly (2025-2026)House

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "GUARANTEE BANKING ACT" BY ADDING CHAPTER 47 TO TITLE 34 SO AS TO PROVIDE FOR FAIRNESS AND TRANSPARENCY IN BANKING.

Sponsored By: Thomas E. "Tommy" Pope (Republican)

Signed by Governor

Summary

Guarantee Banking Act

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Ban on discriminatory de-banking and collusion

Beginning Dec 30, 2026, large banks and payment firms may not refuse, cut off, or limit services because of your religion, speech, opinions, or associations. Their decisions must use impartial, risk‑based standards, not ideological or other non‑risk reasons. They also cannot coordinate with others to carry out a discriminatory cutoff. Temporary holds for fraud checks or identity checks are allowed. Courts and agencies must read this law to strongly protect First Amendment rights.

Which banks and services are covered

Beginning Dec 30, 2026, this law covers checking, savings, and NOW accounts; money transfers like ACH and card networks; and credit like loans, mortgages, and credit cards. It applies to banks with over $100 billion in assets and big payment firms that handled over $100 billion last year, including their parents, affiliates, and subsidiaries. Insurance and securities investing are not covered. State and local governments cannot extend these same rules to smaller institutions unless a federal or state law requires it.

Get clear reasons for service denials

Beginning Dec 30, 2026, if a covered bank or payment firm denies or limits your service, you can ask for specific reasons. Ask within 90 days by phone, mail, or email. The firm must send a written answer within 30 days, unless federal law blocks it. Generic answers are not allowed. A federal credit or consumer report notice can meet this rule if it covers these points.

State can enforce these protections

Beginning Dec 30, 2026, violations of this chapter count as unfair or deceptive acts. The South Carolina Attorney General can use all remedies allowed by law to enforce it.

When banks can still say no

Beginning Dec 30, 2026, some refusals are allowed if done in good faith and without bias. Examples include changes you agreed to, steps for inactivity or delinquency, refusals required by law, not offering a service, or impartial business decisions for profitability, compliance, or safety and soundness. These decisions must be impartial and not driven by pressure to gain a benefit or avoid harm from someone else.

Sponsors & Cosponsors

Sponsor

  • Thomas E. "Tommy" Pope

    Republican • House

Cosponsors

  • Thomas Beach

    Republican • House

  • James Mikell "Mike" Burns

    Republican • House

  • William M. "Bill" Chumley

    Republican • House

  • April Cromer

    Republican • House

  • Dianne Mitchell

    Republican • House

  • G. Murrell Smith, Jr.

    Republican • House

  • Daniel Gibson

    Republican • House

  • Thomas Lee Gilreath

    Republican • House

  • Jerry N. Govan, Jr.

    Democrat • House

  • Charles V. Hartz

    Republican • House

  • William G. "Bill" Herbkersman

    Republican • House

  • David R. Hiott

    Republican • House

  • William C. "Chris" Huff

    Republican • House

  • Wallace H. "Jay" Jordan, Jr.

    Republican • House

  • John Gregory "Jay" Kilmartin

    Republican • House

  • John T. Lastinger, Jr.

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Donald Ryan McCabe, Jr.

    Republican • House

  • T. Alan Morgan, Jr.

    Republican • House

  • Mike M. Neese

    Republican • House

  • Melissa Lackey Oremus

    Republican • House

  • Fawn M. Pedalino

    Republican • House

  • Bill Taylor

    Republican • House

  • David Vaughan

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 263 • No: 25

House vote • 6/25/2026

(Guarantee Banking Act)Concur in Senate Amendments

Yes: 99 • No: 0

Senate vote • 5/13/2026

(Guarantee Banking Act)2nd Reading

Yes: 38 • No: 2

Senate vote • 5/13/2026

(Guarantee Banking Act)to lay on the table

Yes: 17 • No: 23

House vote • 4/23/2026

(Guarantee Banking Act)Passage of Bill

Yes: 109 • No: 0

Actions Timeline

  1. Act No. 257

    7/1/2026legislature
  2. Effective date 12/30/26

    7/1/2026legislature
  3. Signed By Governor

    6/30/2026Governor
  4. Ratified R 274

    6/29/2026legislature
  5. Roll call Yeas-99 Nays-0

    6/25/2026House
  6. Concurred in Senate amendment and enrolled

    6/25/2026House
  7. Debate adjourned

    5/18/2026House
  8. Debate adjourned

    5/15/2026House
  9. Read third time and returned to House with amendments

    5/14/2026Senate
  10. Scrivener's error corrected

    5/14/2026legislature
  11. Scrivener's error corrected

    5/14/2026legislature
  12. Roll call Ayes-38 Nays-2

    5/13/2026Senate
  13. Read second time

    5/13/2026Senate
  14. Amended

    5/13/2026Senate
  15. Committee Amendment Adopted

    5/13/2026Senate
  16. Special order, set for May12, 2026

    5/12/2026Senate
  17. Committee report: Favorable with amendment Banking and Insurance

    5/6/2026Senate
  18. Read third time and sent to Senate

    4/24/2026House
  19. Scrivener's error corrected

    4/23/2026legislature
  20. Unanimous consent for third reading on next legislative day

    4/23/2026House
  21. Roll call Yeas-109 Nays-0

    4/23/2026House
  22. Read second time

    4/23/2026House
  23. Amended

    4/23/2026House
  24. Member(s) request name added as sponsor: Gibson, Govan

    4/23/2026House
  25. Member(s) request name added as sponsor: Morgan, Lastinger, Huff, Burns, Chumley, Kilmartin, Beach, D.Mitchell, McCabe, Pedalino, Vaughan

    4/22/2026House

Bill Text

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