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HOUSE BILL NO. 6199
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 219e and 219f (MCL 750.219e and 750.219f),
section 219e as added by 1999 PA 164 and section 219f as added by
1999 PA 166.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219e. (1) Except as otherwise provided by law, a person 1
shall not do any of the following: 2
(a) Prepare or submit an application for a loan or other 3
July 03, 2026, Introduced by Reps. Fairbairn and Tisdel and referred to Committee on Finance.
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extension of credit in another person's name without authorization 1
from that other person. 2
(b) Receive or possess an application for a loan or other 3
extension of credit knowing or having reason to know that the 4
application was prepared or submitted in violation of this 5
subsection. (1). 6
(c) Receive or possess any instrument or device for accessing 7
the proceeds of a loan or other extension of credit knowing or 8
having reason to know the instrument or device was obtained as a 9
result of a violation of this subsection. (1). 10
(2) A person who that violates this section is guilty of a 11
felony punishable by imprisonment for not more than 4 years, or a 12
fine of not more than $2,500.00, or both. 13
(3) Subsection (1) does not apply to a financial institution 14
or an affiliate, licensee, or franchisee of a financial institution 15
or to a director, officer, or employee of a financial institution 16
or an affiliate, licensee, or franchisee of a financial institution 17
who that does any of the following: 18
(a) Prepares or submits an application in another person's 19
name without prior actual knowledge that the application is being 20
prepared or was prepared in violation of subsection (1). 21
(b) Submits an application prepared in another person's name 22
to a federal, state, or local law enforcement agency or regulatory 23
agency. 24
(c) Submits an application prepared in another person's name 25
to a credit reporting bureau agency or other person to determine 26
whether the application was prepared in violation of subsection (1) 27
or any other law or regulation. 28
(d) Receives or possesses an application prepared in another 29
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person's name without prior actual knowledge that the application 1
was prepared in violation of subsection (1). 2
(e) Receives or possesses an instrument or device obtained as 3
a result of a violation of subsection (1) without prior actual 4
knowledge that the instrument or device was obtained as a result of 5
a violation of subsection (1). 6
(4) As used in this section, "financial institution" means any 7
of the following: 8
(a) A regulated lender as that term is defined in section 2 of 9
the credit reform act, 1995 PA 162, MCL 445.1852. 10
(b) A person that is licensed under the Michigan BIDCO act, 11
1986 PA 89, MCL 487.1101 to 487.2001. 12
(c) A For 6 months after the effective date of the residential 13
mortgage licensing and supervision act, a person that is licensed 14
or registered under the mortgage brokers, lenders, and servicers 15
licensing act, 1987 PA 173, MCL 445.1651 to 445.1684. 16
(d) A For 6 months after the effective date of the residential 17
mortgage licensing and supervision act, a person that is licensed 18
or registered under the secondary mortgage loan act, 1981 PA 125, 19
MCL 493.51 to 493.81. 20
(e) Beginning on the effective date of the residential 21
mortgage licensing and supervision act, a person that is licensed 22
under the residential mortgage licensing and supervision act. 23
(f) (e) A person that is subject to the retail installment 24
sales act, 1966 PA 224, MCL 445.851 to 445.873. 25
(g) (f) A person that is subject to the motor vehicle sales 26
finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141. 27
(h) (g) A person that is chartered or regulated by the office 28
of the comptroller of the currency, the federal deposit insurance 29
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corporation, the federal reserve, or the office of thrift 1
management.Office of the Comptroller of the Currency, the Federal 2
Deposit Insurance Corporation, or the Board of Governors of the 3
Federal Reserve System. 4
Sec. 219f. (1) A person shall not receive with the intent to 5
forward, possess with the intent to forward, or forward an 6
application for a loan or other extension of credit on behalf of a 7
person to another person knowing or having reason to know that the 8
application has been prepared or is being submitted in violation of 9
this chapter. 10
(2) A person shall not receive with the intent to forward, 11
possess with the intent to forward, or forward to another person 12
any instrument or device for accessing the proceeds of a loan or 13
other extension of credit knowing or having reason to know the 14
instrument or device was obtained as a result of a violation of 15
this chapter. 16
(3) A person who that violates this section is guilty of a 17
felony punishable by imprisonment for not more than 4 years, or a 18
fine of not more than $100,000.00, or both. 19
(4) Subsections (1) and (2) do not apply to a financial 20
institution or an affiliate, licensee, or franchisee of a financial 21
institution or to a director, officer, or employee of a financial 22
institution or an affiliate, licensee, or franchisee of a financial 23
institution who that does any of the following: 24
(a) Receives with the intent to forward, possesses with the 25
intent to forward, or forwards an application in another person's 26
name without prior actual knowledge that the application was 27
prepared in violation of this chapter. 28
(b) Forwards an application prepared in another person's name 29
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to a federal, state, or local law enforcement agency or regulatory 1
agency. 2
(c) Forwards an application prepared in another person's name 3
to a credit reporting bureau agency or other person to determine 4
whether the application was prepared in violation of subsection (1) 5
or any other law or regulation. 6
(d) Receives with intent to forward, possesses with intent to 7
forward, or forwards an instrument or device without prior actual 8
knowledge that the instrument or device was obtained as a result of 9
a violation of this chapter. 10
(5) As used in this section, "financial institution" means any 11
of the following: 12
(a) A regulated lender as that term is defined in section 2 of 13
the credit reform act, 1995 PA 162, MCL 445.1852. 14
(b) A person that is licensed under the Michigan BIDCO act, 15
1986 PA 89, MCL 487.1101 to 487.2001. 16
(c) A For 6 months after the effective date of the residential 17
mortgage licensing and supervision act, a person that is licensed 18
or registered under the mortgage brokers, lenders, and servicers 19
licensing act, 1987 PA 173, MCL 445.1651 to 445.1684. 20
(d) A For 6 months after the effective date of the residential 21
mortgage licensing and supervision act, a person that is licensed 22
or registered under the secondary mortgage loan act, 1981 PA 125, 23
MCL 493.51 to 493.81. 24
(e) Beginning on the effective date of the residential 25
mortgage licensing and supervision act, a person that is licensed 26
under the residential mortgage licensing and supervision act. 27
(f) (e) A person that is subject to the retail installment 28
sales act, 1966 PA 224, MCL 445.851 to 445.873. 29
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(g) (f) A person that is subject to the motor vehicle sales 1
finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141. 2
(h) (g) A person that is chartered or regulated by the office 3
of the comptroller of the currency, the federal deposit insurance 4
corporation, the federal reserve, or the office of thrift 5
management.Office of the Comptroller of the Currency, the Federal 6
Deposit Insurance Corporation, or the Federal Reserve. 7
Enacting section 1. This amendatory act does not take effect 8
unless House Bill No. 6177 (request no. H05171'25) of the 103rd 9
Legislature is enacted into law. 10