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 treasurer of state, in consultation with subject matter experts as needed, shall develop a list of financial institutions eligible to accept state public funds. The treasurer of state shall require that a financial institution seeking to qualify for the list shall annually provide the treasurer of state a written statement that the financial institution has complied with the requirements of this chapter and 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 treasurer of state 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. T The treasurer of state 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 treasurer of state 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 public funds.4.At least once a year the treasurer of state shall review any challenges that have been filed pursuant to subsection 3. The treasurer of state may hold a public hearing to consider the challenge. In considering a challenge, the treasurer of state 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 treasurer of state 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, including investment in an Iowa agricultural industry finance corporation formed under the Iowa agricultural industry finance Act pursuant to chapter 15E.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 has failed to meet its community reinvestment responsibility may file a complaint with the treasurer of state detailing the basis for that belief.b. If the treasurer of state, in the treasurer's discretion, finds that the complaint has merit, the treasurer of state may order the bank alleged to have failed to meet its community reinvestment responsibility to attend and participate in a meeting with the complainant. The treasurer of state may specify who, at minimum, shall represent the bank at the meeting. At the meeting, or at any other time, the bank may, but is not required to, enter into an agreement with a complainant to correct alleged failings.c. The treasurer of state may order a 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 treasurer of state.d. This subsection does not preempt any other remedies available under statutory or common law available to the treasurer of state, 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 treasurer of state 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.84 Acts, ch 1230, §11 90 Acts, ch 1002, §1 96 Acts, ch 1021, §2, 3; 99 Acts, ch 53, §1; 99 Acts, ch 117, §5, 15; 2000 Acts, ch 1154, §1; 2002 Acts, ch 1096, §4, 5, 17
Amended by 2024 Iowa, ch Chapter 1170,s 143, eff. 7/1/2024.Amended by 2024 Iowa, ch Chapter 1170,s 142, eff. 7/1/2024.Amended by 2024 Iowa, ch Chapter 1170,s 141, eff. 7/1/2024.Amended by 2024 Iowa, ch Chapter 1170,s 140, eff. 7/1/2024.84 Acts, ch 1230, §11C85, §453.6A 90 Acts, ch 1002, §1C93, §12C.6A 96 Acts, ch 1021, §2, 3; 99 Acts, ch 53, §1; 99 Acts, ch 117, §5, 15; 2000 Acts, ch 1154, §1; 2002 Acts, ch 1096, §4, 5, 17Referred to in §12B.10, 12C.6, 524.223