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February 12, 2010

Volume 9

Issue 2

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Lansing – Q and A on the FDIC Resolution and Receivership Program
We have heard repeatedly from MBA members about their concerns regarding the FDIC Resolution and Receivership Program. It is not a least cost approach to resolving the situation. On February 18 at the MBA Legislators and Lenders Day, Greg Watson, Resolutions and Closing Manager, FDIC Resolution and Receivership Program, will outline the FDIC receivership process and address your questions and concerns. For more information contact John Llewellyn at jllewellyn@mibankers.com or View brochure here.

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Real Estate Appraisers Bill Moving in House

HB 5313 is moving in House committee, but MBA lobbyists were successful in amending the bill to keep bank–employed appraisers from being removed from Michigan’s Board of Real Estate Appraisers. Current law says that one of the five members of the board must be an appraiser employed by a bank or a credit union. The original bill would have struck that language. The MBA is working to have an amendment that would retain the requirement, but make it suggestive instead of mandatory.


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MBA Opposes PACE

HB 5640, currently in committee, creates the Property Assessed Clean Energy Act (PACE). This legislation, if enacted, would allow local governments to make loans to its residential and commercial residents for the purposes of energy efficiency improvements or installation of renewable energy systems. Repayment of the loan would be through property tax assessments and would be collected in the same manner as other property tax and assessment liens.

This would mean that the PACE lien would hold priority status over first mortgage holders. As real estate values plummet and mortgage investors have been temporarily replaced by the federal treasury, changes to remove the mortgage holder from priority position in the lien hierarchy will prove to be destructive to a Michigan economy in doubt.


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Governor Unveils Budget Plan – Business Coalition Disappointed
The Governor unveiled her proposed 2010-2011 budget according to the 18 member Michigan’s Business Community coalition and the plan addresses only one-third of the deficit through proposed reform and fills the remaining with tax hikes and stimulus money. Short-term solutions to a long-term problem puts off necessary spending reforms for future policy makers to address. The business community has consistently called for enacting significant, cost-saving structural reforms. This plan does not provide necessary immediate progress toward economic competitiveness. The group encourages legislators to enact meaningful cost-saving structural reforms before moving on to tax reform.

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Senate Passes First Three Bills of the United Business Coalition – Reform First
SB 1072 would change the arbitration process for police and fire departments by tightening time lines and establishing training requirements for arbitrators. SB 1085 and SB 1086, also passed. The bills also make it easier for local governments to consolidate by altering the Urban Cooperation Act (UCA). These are the first of reforms aimed at balancing the state budget without looking to increase taxes. 

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Washington – Regional Banker Briefings on Financial Regulatory Reform, Wednesday, Feb.17

In the coming weeks, the U.S. Senate will consider one of the most important pieces of legislation in the history of the banking industry. ABA is inviting all bankers to participate in one of three free regional telephone briefings on Wednesday, February 17, for an update on the massive financial regulatory reform bill. It’s an opportunity for you to learn the latest information and ask questions. These will be half-hour briefings, conducted by Steve Wilson, ABA Chairman-Elect and Chairman & CEO of LCNB National Bank of Lebanon, Ohio, and ABA CEO Ed Yingling. We strongly urge you to participate to better understand this important legislation, which will affect every bank in the country.

4:00-4:30 p.m. EST: http://online.krm.com/iebms/reg/reg_p1_form.aspx?oc=10&ct=0018458&eventid=16652


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Be the Voice of Banking

It has never been more important for bankers to speak directly to their members of Congress about issues facing the banking industry.

The MBA will join the upcoming American Bankers Association in Washington, D.C. March 16-18, 2010, for the third annual Government Relations Summit. We invite and encourage all Michigan bankers to join. We will meet with Michigan members of Congress and our U.S. Senators and banking regulators and participate in industry discussions regarding emerging banking legislation.

Last year, Michigan bankers joined this massive expression of grassroots banking as 800 bankers from across the nation called upon their elected officials to discuss the challenges facing our communities, customers and banks. We expect another robust turnout with the most substantial rewrites to banking laws in decades pending in Congress.

Bankers participating should make their own travel plans and register for the program directly through the ABA. We recommend the flight on Tuesday, March 16, Delta Flight # 7328, Detroit Metro (DTW) to Baltimore (BWI) departing Detroit 1:55 p.m. and arriving at Baltimore 3:38 p.m. Thursday, March 18, Delta Flight # 7337, Baltimore to Detroit departing Baltimore at 6:55 p.m. and arriving in Detroit at 8:41 p.m. We find these flights are less expensive than Reagan. The MBA will offer group transportation round trip for these flights to and from D.C. Contact the MBA at 517-485-3600 for details.


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Obama Proposes Expanding Two SBA Programs
President Obama proposed legislation that would expand two Small Business Administration (SBA) programs to increase working capital and help businesses refinance. The first proposal would temporarily allow loans on owner-occupied commercial real estate to be refinanced under the SBA’s 504 program, which provides loan guarantees for developing real estate and other fixed assets.

Currently, 504 loans must be used for new development or construction, and can only include a limited amount of refinancing when businesses are expanding. Businesses with loans maturing in the next year that are current on all payments would be eligible under the proposal. The White House estimated the plan would help refinance up to $18.7 billion annually in commercial real estate that otherwise might be foreclosed and liquidated.

The president also proposed temporarily raising the ceiling on SBA Express loans from $350,000 to $1 million to help more small businesses use the program’s streamlined approval process. Unlike traditional SBA 7(a) loans, lenders can use their own paperwork for SBA Express loans, which can be structured as revolving lines of credit. Fees would cover virtually all of the added costs of this proposal.

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Support for Business Lending

Last week the President announced plans to make up to $30 billion available nationally through lenders to increase business lending. The program, the Small Business Lending Fund, is targeted for banks under $10 billion is assets. The plan is intended to avoid some of the difficulties of the TARP and the CPP by allowing banks to borrow money from the Treasury at a dividend rate as low as 1 percent if they use the cash to make more small business loans this year than they did in 2009.

In a complementary move, Michigan Senator Carl Levin and Congressman Sander Levin are both advancing a measure to assist manufacturers in restoring their credit conditions to expand outputs and employment. Based on a model crafted between the MBA and the MEDC over the past two years, the Manufacturing Modernization and Diversification Act would provide assistance to manufacturers with either collateral or cash-flow challenges impeding their ability to borrow.

The plan would use federal dollars loaned through a revolving fund administered by an entity in each state. These funds would provide collateral assistance and/or loan participation with and through banks and other lenders to make otherwise unbankable deals possible. In both cases the fund would take a minority position. Banks would make the credit decisions and administer the loans. The fee and interest schedules would target those firms and loans that were otherwise viable, but impaired due to the impact of the recent economy.

MBA representatives explained to our elected officials how a manufacturer with new orders in hand could still face credit challenges due to the impact on cash and their collateral values over recent years. This program is designed to address this issue.


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Small-Biz Lending Program Can be Viable
The new Small Business Lending Fund should be designed to attract interest among community banks with opportunities to increase their small-business lending in a responsible way. By separating the program from the Troubled Assets Relief Program (TARP), banks can avoid the TARP stigma and eliminate rules the government can change after a contract has been signed.

To be successful, the program must be available to banks that actually need capital, such as the many well-managed community institutions struggling to work through the economic downturn.

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Treasury Changing Documentation Process for Mortgage Program
The Treasury Department is changing its documentation process for servicers participating in the Home Affordable Modification Program. Starting June 1, servicers will be required to collect a borrower’s financial documents as part of the initial application process. Currently, most borrowers are first enrolled in a trial modification program, then asked for more extensive documentation. As a result, there is a backlog of borrowers who received mortgage relief after a phone conversation with their lender, but did not satisfy the government’s documentation requirements within three months.

Under another change, borrowers will submit two pay stubs and an electronic form allowing access to their tax returns, instead of submitting their W-2 tax statement. Requiring upfront documentation also is intended to make it easier and quicker to convert trial modifications to permanent modifications, and enable servicers to use their resources more effectively.

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Speed Banking Connects Banks and Businesses

Last week the MBA along with the Michigan Manufacturers Association (MMA), hosted a speed banking session in Grand Rapids. Seven manufacturers and seven banks with Michigan assets ranging from $445 million to $32 billion participated in one-on-one meetings with prospective customers. The speed banking program is an effort to connect manufacturers and banks. During the session a banker meets with a different manufacturer every 30 minutes. The manufacturers come prepared with a short summary of their current needs and pertinent information a banker would need to evaluate a credit option. The manufacturers appreciate the opportunity for feedback from the bank regarding their credit needs and the bank looks forward to a future business relationship.

A successful program was also held in southeast Michigan earlier this year with 11 manufacturing companies and six banks with assets ranging from $47 million to $17 billion. The next program is being planned for the Cadillac area. If you are interested in a future session please contact the MBA.

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U.S. Supreme Court Ruling

In the recent Supreme Court ruling Citizens United v FEC, the Court struck portions of McCain-Feingold and related state laws across the nation. It ruled that all organizations may make direct independent expenditures in candidate and issue campaigns.

Much misinformation has been reported about this decision and what it means. Currently 28 states allow corporate contributions to candidates but even with the current decision, Michigan is not among those states.

* The court ruled that all organizations may make direct independent expenditures in candidate and issue campaigns.
* The decision DID NOT AFFECT bans on corporate contributions to candidates, candidate committees or political action committees (PACs).
* Under Michigan laws and federal laws corporations could not, and still cannot legally give to a candidate, candidate committee or PAC.
* All members are reminded that a corporate contribution to a candidate, candidate committee or PAC remains illegal and may be a felony.
* It also remains illegal for a corporation to reimburse an individual for his or her personal contributions.


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Recent Grassroots Meetings

Don Radde, Horizon Bank, and MBA staff met with State Representative John Proos (R, St. Joseph). Participants discussed pcoming job plans that the House Republican Caucus was working on. In addition, they heard a great deal about Proos’ effort to become the next State Senator from St. Joseph.

Congressman Gary Peters (D, Bloomfield Township) met with eight bankers and MBA staff to discuss recent happening in Washington, D.C. The meeting was an excellent opportunity for MBA members to impress on Congressman Peters the struggles community banks have when trying to increase lending capital while still making sure they have positive examinations.


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Upcoming Grassroots Meetings

February 11 - Sandro Dinello, Flagstar Bank, is hosting a 2:00 p.m.meeting with Mike Shirkey, a Republican candidate for the State House of Representatives from the Jackson area.

February 15 - The MBA is hosting a meeting with State Representative Arlan Meekof (R, West Olive)at the Alpine Rose Restaurant in Holland at 11:00 a.m.

March 5 - The MBA is hosting a meeting with newly elected State Senator Mike Nofs (R, Battle Creek) at The Hunt Club in Battle Creek at 11:30 a.m.

Please contact David Worthams if you’re interested in being a part of these meetings, or are interested in hosting a future meeting.


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Teach Children to Save Day Set for April 27

Free online training and a chance to win one of four 1,000 donations are available to banks that participate in the 14th annual Teach Children to Save program. TCTS Registration.

  • $1,000 Donation
    The ABA will award four ABA member bankers with a $1,000 donation for a local school or youth group.
  • Free Webinar Training
    The online training sessions will cover steps for planning an event, tips on using the Teach Children to Save resource kit and how to contact schools and other groups. Participation is free, but registration is required. View Webinar times and register.
Banker participants can sign up online at http://www.abaef.com/. As part of their registration, bankers will receive TCTS Tools -- complimentary materials -- discounts on Teach Children to Save resource kits and recognition in ABA publications. Registration will remain open throughout 2010. For more information on the Teach Children to Save program, visit http://www.abaef.com/ or call 1-800-BANKERS.

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Fed Finalizes New Credit Card Rules

The Federal Reserve approved final rules that implement provisions of the 2009 Credit Card Act effective Feb. 22, 2010. Under the new rule, rate increases are prohibited during the first year after an account is opened as well as rate increases that apply to an existing credit card balance.

Credit cards may not be issued to consumers under age 21 unless they can make the required payments or obtain the signature of a parent or other co-signer who can do so. The rule requires a consumer’s consent before charging fees for transactions that exceed the credit limit. It limits high fees associated with subprime credit cards, bans the use of the “two-cycle” billing method to impose interest charges and prohibits the allocation of payments in ways that maximize interest charges.

The Federal Reserve has issued new credit card rules pursuant to the CARD Act of 2009. Below are a few items that might help you with any press inquiries you may receive. As always, please feel free to refer reporter calls to ABA.

Fact Sheet: The Credit Card Lending Market

 


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MBA Supports the Michigan Chamber of Commerces Fight to Protect Jobs in Michigan’s Upper Peninsula

A proposed new nickel mine outside of Ishpeming is the target of a ballot initiative by Detroit-area environmental activists. 

The petition-drive aimed at banning most types of mining in Michigan, especially in the Upper Peninsula, would have a negative impact on job creation and business growth across the state.

The MBA and Michigan Chamber are among a growing list of organizations opposed to the statutory initiative, including all members of the State Legislature from the Upper Peninsula, local chambers of commerce executives and business leaders in the U.P, such as the Lake Superior Community Partnership and local governmental officials in the U.P., including the U.P. Association of County Commissions.

 


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Michigan Bankers Association
507 S. Grand Ave. Lansing, MI 48933
Phone - 517.485.3600 Fax - 517.485.3672
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