HOUSE BILL No. 5732

 

February 13, 2008, Introduced by Reps. Valentine, Bieda, Miller, Robert Jones, Constan, LeBlanc, Moss, Vagnozzi, Alma Smith, Melton, Clemente, Hammel, Polidori, Brown, Young, Ebli, Cushingberry, Bauer, Leland, Jackson, Johnson, Sak, Hopgood, Corriveau, Angerer, Caul, Hammon, Tobocman, Warren, Espinoza, Mayes, Spade, Gonzales, Bennett, Griffin, Lemmons, Wojno, Dean, Byrnes, Byrum, McDowell, Lahti, Sheltrown, Condino, Kathleen Law, Donigan, Rick Jones, Brandenburg, Wenke, Emmons, Shaffer and Huizenga and referred to the Committee on Senior Health, Security, and Retirement.

 

     A bill to amend 1999 PA 276, entitled

 

"Banking code of 1999,"

 

(MCL 487.11101 to 487.15105) by adding section 4103b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4103b. (1) When 1 or more customers establish a joint

 

account at a bank, the bank shall provide to each joint account

 

holder a written summary of that account holder's rights and

 

responsibilities concerning use of the joint account.

 

     (2) If the terms of a joint account described in subsection

 

(1) will allow each account holder to withdraw all of the money in

 

the account without notice to or consent of any other account

 

holders, and provide that the surviving account holders will become

 

the owners of that account when an account holder dies, then, in

 

addition to the written summary described in subsection (1), the


 

bank shall do all of the following before opening the account:

 

     (a) Provide each account holder in writing with the following

 

disclosure:

 

     "A joint account means that each account holder is the owner

 

of the money in this account. This means that you and each of the

 

other account holders have the authority to deposit or withdraw

 

money from this account at any time.

 

     If that is not your intention, you should not open this

 

account.

 

     If it is your intention that the other account holder or

 

account holders receive the money in the account only when you die,

 

there are other types of accounts available that designate other

 

individuals as beneficiaries of the account and do not allow them

 

access to the money in the account during your lifetime.

 

     If it is your intention to open an account that designates 1

 

or more individuals as beneficiaries of your account when you die,

 

and not to create a joint account, please let us know.".

 

     (b) Read the disclosure described in subdivision (a) to each

 

account holder.

 

     (c) Require each account holder to sign and deliver to the

 

bank an acknowledgment that the bank has complied with its

 

obligations under this subsection.