12C.6A  Eligibility for state public funds--procedures.

1.  Public funds of the state shall not be deposited in a financial institution which does not demonstrate a commitment to serve the needs of the local community in which it is chartered to do business, including the needs of neighborhoods, rural areas, and small businesses in communities served by the financial institution. These needs include credit services as well as deposit services.

2.  In addition to establishing a minimum interest rate for public funds pursuant to section 12C.6, the committee composed of the superintendent of banking, the superintendent of credit unions, the auditor of state or a designee, and the treasurer of state shall develop a list of financial institutions eligible to accept state public funds. The committee shall require that a financial institution seeking to qualify for the list shall annually provide the committee a written statement that the financial institution has a commitment to community reinvestment consistent with the safe and sound operation of a financial institution, unless the financial institution has received a rating of satisfactory or higher pursuant to the federal Community Reinvestment Act, 12 U.S.C. § 2901 et seq., and such rating is certified to the committee by the superintendent of banking. To qualify for the list a financial institution must demonstrate a continuing commitment to meet the credit needs of the local community in which it is chartered.

3.  The committee may require a financial institution to provide public notice inviting the public to submit comments to the financial institution regarding its community lending activities. Each financial institution shall maintain a file open to public inspection which contains public comments received on its community investment activities, and the financial institution's response to those comments. The committee shall adopt procedures for both of the following:

a.  To receive information relating to a financial institution's commitment to community reinvestment.

b.  To receive challenges from any person to a financial institution's continued eligibility to receive state public funds.

4.  At least once a year the committee shall review any challenges that have been filed pursuant to subsection 3. The committee may hold a public hearing to consider the challenge. In considering a challenge, the committee shall review documents filed with federal regulatory authorities pursuant to the Community Reinvestment Act, 12 U.S.C. § 2901 et seq. and regulations adopted pursuant to the Act, as amended to January 1, 1990. In addition, consistent with the confidentiality of financial institution records the committee shall consider other factors including, but not limited to, the following:

a.  Activities conducted to determine the credit needs of the community.

b.  Marketing and special credit-related programs to make citizens in the community aware of the credit services offered.

c.  A description of how services actually provided satisfied the needs described under paragraph "a".

d.  Practices intended to discourage application for home mortgages, small business loans, small farm loans, community development loans, and, if consumer lending constitutes a substantial majority of a financial institution's business, consumer loans.

e.  Geographic distribution of credit extensions, credit applications and credit denials.

f.  Evidence of prohibited discriminatory or other illegal credit practices.

g.  Participation in local community and rural development and redevelopment projects, and in state and federal business and economic development programs.

h.  Origination or purchase of residential mortgage loans, housing rehabilitation loans, home improvement loans and business or farm loans within the community.

i.  Ability to meet various community credit needs based on financial condition, size, legal impediments, and local economic conditions.

5. a.  A person who believes a bank, savings and loan association, or savings bank has failed to meet its community reinvestment responsibility may file a complaint with the committee detailing the basis for that belief.

b.  If any committee member, in the member's discretion, finds that the complaint has merit, the member may order the bank, savings and loan association, or savings bank alleged to have failed to meet its community reinvestment responsibility to attend and participate in a meeting with the complainant. The committee member may specify who, at minimum, shall represent the financial institution at the meeting. At the meeting, or at any other time, the financial institution may, but is not required to, enter into an agreement with a complainant to correct alleged failings.

c.  A majority of the committee may order a bank, savings and loan association, or savings bank, against which a complaint has been filed pursuant to this subsection, to disclose such additional information relating to community reinvestment as required by the order of the majority of the committee.

d.  This subsection does not preempt any other remedies available under statutory or common law available to the committee, the superintendent of banking, or aggrieved persons to cure violations of this section or chapter 524, or rules adopted pursuant to this section or chapter 524. The committee may conduct a public hearing as provided in subsection 4 based upon the same complaint. An order finding merit in a complaint and ordering a meeting is not an election of remedies.

Section History: Recent form

  84 Acts, ch 1230, § 11

  C85, § 453.6A

  90 Acts, ch 1002, § 1

  C93, §12C.6A

  96 Acts, ch 1021, § 2, 3

Internal References

  Referred to in § 12C.6

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