Act No. 324

Public Acts of 2008

Approved by the Governor

December 17, 2008

Filed with the Secretary of State

December 18, 2008

EFFECTIVE DATE: December 18, 2008

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Rep. Calley

ENROLLED HOUSE BILL No. 6562

AN ACT to amend 1987 PA 173, entitled "An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers and their loan officers; to prescribe the powers and duties of certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties," by amending section 33 (MCL 445.1683), as amended by 2008 PA 64.

The People of the State of Michigan enact:

Sec. 33. (1) The mortgage industry advisory board is created.

(2) All of the following apply to the board:

(a) The board shall consist of 7 individuals, appointed by the commissioner as follows:

(i) Two individuals who are employees of, are directors of, or have at least a 25% ownership interest in a licensee or registrant, selected by the commissioner from a list of at least 3 nominees provided to the commissioner by the Michigan mortgage brokers association.

(ii) Two individuals who are employees of, are directors of, or have at least a 25% ownership interest in a licensee or registrant, selected by the commissioner from a list of at least 3 nominees provided to the commissioner by the Michigan mortgage lenders association.

(iii) One employee who is an employee of, a director of, or who has at least a 25% ownership interest in a licensee or registrant that is a member of any trade association operating in this state that represents mortgage brokers, mortgage lenders, or mortgage servicers. The trade associations may recommend candidates for this position to the commissioner.

(iv) Two individuals who are employees of, are directors of, or have at least a 25% ownership interest in business entities that provide services to or purchase services from licensees or registrants.

(b) The term of a board member is 4 years, except that for the first board, the commissioner shall appoint 3individuals for 2-year terms so that the terms of office of board members are staggered.

(c) An individual may not serve more than 2 consecutive 4-year terms, and the commissioner may not reappoint an individual who serves 2 consecutive 4-year terms on the board for at least 12 months after the end of those consecutive terms.

(d) The board shall not include more than 1 member who is employed by, is a director of, or has more than a 1%ownership interest in the same licensee, registrant, affiliate, or other person.

(e) Each member of the board shall serve without compensation. However, the office of financial and insurance services shall reimburse a member of the board for his or her travel and other expenses incurred in the performance of an official board function pursuant to the standard travel regulations of the department of management and budget.

(f) The board shall retain minutes of its meetings and any other records of the board for at least 10 years. The board shall make its minutes and any other records prepared, owned, used, in the possession of, or retained by the board in the performance of an official function available to the commissioner immediately on request and make those minutes and records available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to15.246.

(3) The board shall communicate to the commissioner issues of concern to the residential mortgage industry and shall review and make recommendations to the commissioner concerning all of the following:

(a) Course sponsors or providers, course instructors, and the content of and materials for courses provided to loan officers and loan officer applicants under section 2a or 2b or section 2a or 2c of the secondary mortgage loan act, MCL493.52a and 493.52c.

(b) Content and procedures for examinations given to loan officers under section 2a or section 2a of the secondary mortgage loan act, MCL 493.52a.

(c) Rules proposed under this act or the secondary mortgage loan act.

(d) Procedures to verify attendance at and participation in courses conducted electronically under section 2b(3)(e) or under section 2c(3)(e) of the secondary mortgage loan act, MCL 493.52c.

(e) Procedures for maintaining the confidentiality of personal identifying information and other information concerning all of the following:

(i) Licensees, registrants, and loan officer registrants.

(ii) Applicants for licensure, registration, or loan officer registration.

(iii) Licensees, registrants, and secondary mortgage loan officer registrants under the secondary mortgage loan act.

(iv) Applicants for licensure, registration, or secondary mortgage loan officer registration under the secondary mortgage loan act.

(f) Any other issue referred to the board by the commissioner.

(4) As used in this section, "secondary mortgage loan act" means the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) Senate Bill No. 1552.

(b) Senate Bill No. 1553.

(c) Senate Bill No. 1554.

(d) Senate Bill No. 1555.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor