(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 and microenterprise 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 |
[2008 c 240 § 1; 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.