HB-5836, As Passed Senate, December 12, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5836

     A bill to amend 1978 PA 322, entitled

"An act to authorize financial institutions to make electronic

funds transfer terminals available to their customers; to protect

the privacy and security of customers; to prohibit unfair

discrimination among financial institutions and monopolistic

practices in the use and availability of electronic funds transfer

terminals; to prescribe remedies; and to prescribe penalties,"

by amending section 2 (MCL 488.2), as amended by 2003 PA 220.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) "Available" means and includes all deposit account

functions which that are performed from time to time by the

particular electronic funds transfer terminal.

     (2) "Bank" means that term as defined in section 1201 of the

banking code of 1999, 1999 PA 276, MCL 487.11201, or a national

banking association that is established under the laws of the

United States having and has its main office in this state.

     (3) "Branch" , as it applies to:means any of the following:

     (a) A For a state credit union, means a branch as defined in

section 102 of the credit union act, 2003 PA 215, MCL 490.102, and

a service center as defined in section 103 of the credit union act,

2003 PA 215, MCL 490.103.

     (b) A For a federal credit union, means a branch place of

business as defined in section 101 of the federal credit union act,

chapter 750, 48 Stat. 1216, 12 U.S.C. USC 1752, and applicable

regulations.

     (c) A state savings and loan association, means a branch

office as defined in section 112 of the savings and loan act of

1980, 1980 PA 307, MCL 491.112, and also includes an agency as

defined in section 106 of the savings and loan act of 1980, 1980 PA

307, MCL 491.106, that is established before the effective date of

this act.

(c) (d) A For a federal savings and loan association, means a

branch office as defined by the regulations of the federal home

loan bank board pursuant to the federal home loan bank act, chapter

522, 47 Stat. 725, 12 USC 1421 to 1449, but does not include a

mobile facility, satellite office, or an agency established after

the effective date of this act.January 1, 1979.

(d) (e) A For a state bank, means a branch as defined in

section 1201 of the banking code of 1999, 1999 PA 276, MCL

487.11201.

(e) (f) A For a national banking association, means a branch

place of business as defined in 12 U.S.C. USC 36.

     (4) "Consumer finance company" means a licensee under the

regulatory loan act, 1939 PA 21, MCL 493.1 to 493.24.

     Enacting section 1. This amendatory act takes effect December

31, 2012.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5835 of the 96th Legislature is enacted into

law.