HOUSE BILL NO. 5239

A bill to amend 1996 PA 354, entitled
"Savings bank act,"
by amending section 210 (MCL 487.3210), as amended by 2000 PA 481, and by adding section 401a.
the people of the state of michigan enact:
Sec. 210. (1) The commissioner shall periodically establish a schedule of supervisory fees to be paid by savings banks. Except for a minimum fee consistent with subsection (2), the fee shall must not be more than 25 cents for each $1,000.00 of total assets of the savings bank as reported by the savings bank on its report of condition as of December 31 of the previous year.
(2) Each savings bank shall pay an annual supervisory fee which shall be of not less than $1,000.00.
(3) The commissioner shall provide an invoice of the annual supervisory fee to each savings bank by July 1 of each year. The annual supervisory fee shall must be paid by August 15 of that year.
(4) The initial supervisory fee for a savings bank that obtained a charter as a result of a conversion shall be is based on the total assets of the savings bank as reported in its report of condition as of December 31 of the previous year under the savings bank's prior charter.
(5) The initial supervisory fee of a savings bank that is newly organized and chartered under this act, during the initial supervisory year, shall be is the minimum supervisory fee established by the commissioner.
(6) The commissioner shall periodically establish a schedule of fees, beyond those charged for normal supervision, to be paid for applications, special evaluations and analyses, and examinations, including, but not limited to, examinations of trust services and safe deposit and collateral deposit companies.
(7) The fees established under subsection (6) shall must be equal to the estimated cost to the bureau for conducting the activity activities for which the fee is fees are imposed.
(8) The commissioner may charge reasonable fees for furnishing and certifying copies of documents or serving notices required by this act.
(9) To the extent any fees, penalties, or fines assessed under this act are unpaid when due, the commissioner may, upon after providing proper notice, maintain an action against the savings bank for the recovery of the fees, penalties, or fines, plus interest and costs.
(10) The fees, penalties, and fines collected under this section act are not refundable and shall must be paid into the state treasury to the credit of the bureau and used only for the operation of the bureau.
Sec. 401a. (1) A savings bank shall not deny, restrict, or cancel a financial service to an agriculture producer based, in whole or in part, on the agriculture producer's greenhouse gas emissions, use of fossil fuel-derived fertilizer, or use of fossil fuel-powered machinery. If a savings bank denies, restricts, or cancels a financial service to an agriculture producer and the savings bank has made an environmental, social, and governance commitment, the savings bank's denial, restriction, or cancelation is presumed to violate this subsection. Evidence that a savings bank has made an environmental, social, and governance commitment may include, but is not limited to, any of the following:
(a) The savings bank's advertising.
(b) The savings bank's public or private statements, resolutions, explanations, reports, memoranda, or other communications.
(c) The savings bank's participation in, affiliation with, or status as a signatory to a coalition, initiative, joint statement of principles, or agreement, the purpose of which is to use business activity to further environmental, social, or political goals.
(2) The presumption in subsection (1) may be rebutted by clear and convincing evidence that the savings bank's denial, restriction, or cancelation was based solely on a documented ordinary business purpose, was not related to an environmental, social, and governance commitment, and was not intended to further environmental, social, or political goals.
(3) A savings bank that violates subsection (1) is subject to a civil fine of not more than $10,000.00.
(4) As used in this section:
(a) "Agriculture producer" means a person that owns or operates a farm as that term is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(b) "Environmental, social, and governance commitment" means either of the following:
(i) A public or private commitment by a savings bank, the board of directors of a savings bank, or a subsidiary, affiliate, or officer of a savings bank to use the savings bank's market position, market power, influence, or ability to withhold or provide its services to do either of the following:
(A) Eliminate, reduce, offset, or disclose greenhouse gas emissions.
(B) Achieve an environmental standard or objective beyond the standards and objectives required by law.
(ii) A savings bank's participation in an initiative or organization that encourages or requires customers of the savings bank to meet environmental, social, or political goals.
(c) "Financial service" means a product or service that is of a financial nature. Financial service includes, but is not limited to, lending, funds transfers, fiduciary activities, trading activities, and deposit taking.