Passed by the Senate February 14, 2008 YEAS 47   ________________________________________ President of the Senate Passed by the House March 4, 2008 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5651 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/08/07.
AN ACT Relating to investigating and assessing performance in meeting community credit needs; and amending RCW 30.60.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 30.60.010 and 1994 c 92 s 157 are each amended to read
as follows:
(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 |