(1) In
conducting an examination of a bank chartered under Title 30 RCW,
the director shall investigate and assess the record of performance
of the bank in meeting the credit needs of the bank's entire
community, including low and moderate-income neighborhoods. The
director shall accept, in lieu of an investigation or part of an
investigation required by this section, any report or document that
the bank is required to prepare or file with one or more federal
agencies by the act of Congress entitled the "Community
Reinvestment Act of 1977" and the regulations promulgated in
accordance with that act, to the extent such reports or documents
assist the director in making an assessment based upon the factors
outlined in subsection (2) of this section.
(2) In making an investigation required under subsection (1)
of this section, the director shall consider, independent of any
federal determination, the following factors in assessing the
bank's record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution's efforts to communicate with members of its community
regarding the credit services being provided by the institution;
(b) The extent of the institution's marketing and special
credit related programs to make members of the community aware of
the credit services offered by the institution;
(c) The extent of participation by the institution's board of
directors in formulating the institution's policies and reviewing
its performance with respect to the purposes of the Community
Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution's community
reinvestment act statement(s);
(e) The geographic distribution of the institution's credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution's record of opening and closing offices
and providing services at offices;
(h) The institution's participation, including investments, in
local community development projects;
(i) The institution's origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans, and
small business or small farm loans within its community, or the
purchase of such loans originated in its community;
(j) The institution's participation in governmentally insured,
guaranteed, or subsidized loan programs for housing, small
businesses, or small farms;
(k) The institution's ability to meet various community credit
needs based on its financial condition, size, legal impediments,
local economic condition, and other factors;
(l) Other factors that, in the judgment of the director,
reasonably bear upon the extent to which an institution is helping
to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required under
subsection (1) of this section and shall assign annually to each
bank a numerical community reinvestment rating based on a one
through five scoring system. Such numerical scores shall represent
performance assessments as follows:
| (a) Excellent performance: | 1 |
| (b) Good performance: | 2 |
| (c) Satisfactory performance: | 3 |
| (d) Inadequate performance: | 4 |
| (e) Poor performance: | 5 |
[1994 c 92 § 157; 1985 c 329 § 2.]
NOTES:
Legislative intent -- 1985 c 329: "The legislature believes
that commercial banks and savings banks doing business in
Washington state have a responsibility to meet the credit needs of
the businesses and communities of Washington state, consistent with
safe and sound business practices and the free exercise of
management discretion.
This act is intended to provide the supervisor of banking and
the supervisor of savings and loan associations with the
information necessary to enable the supervisors to better determine
whether commercial banks, savings banks, and savings and loan
associations are meeting the convenience and needs of the public.
This act is further intended to condition the approval of any
application by a commercial bank, savings bank, or savings and loan
association for a new branch or satellite facility, for an
acquisition, merger, conversion, or purchase of assets of another
institution not required for solvency reasons, or for the exercise
of any new power upon proof that the applicant is satisfactorily
meeting the convenience and needs of its community or communities."
[1985 c 329 § 1.] "This act" consists of the enactment of RCW 30.04.212, 30.04.214, 30.60.010, 30.60.020, 30.60.030, 30.60.900,
30.60.901, 32.40.010, 32.40.020, and 32.40.030 and this section and
the 1985 c 329 amendment to RCW 30.04.210.