Bill Text: MI HB4038 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Housing; landlord and tenants; demand for payment of rent or possession of premises; allow by electronic mail. Amends sec. 5718 of 1961 PA 236 (MCL 600.5718).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-05-27 - Assigned Pa 36'15 With Immediate Effect [HB4038 Detail]
Download: Michigan-2015-HB4038-Chaptered.html
Act No. 36
Public Acts of 2015
Approved by the Governor
May 21, 2015
Filed with the Secretary of State
May 21, 2015
EFFECTIVE DATE: August 19, 2015
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Rep. Forlini
ENROLLED HOUSE BILL No. 4038
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 5718 (MCL 600.5718).
The People of the State of Michigan enact:
Sec. 5718. (1) The demand provided for in section 5716 may be served by any of the following means:
(a) Personal delivery to the person in possession.
(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.
(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.
(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.
(2) The electronic service address used by a party in the process under subsection (1)(d) shall be considered to remain that party’s correct, functioning electronic service address, unless the process under subsection (1)(d) is repeated using a different electronic service address for that party or unless that party notifies the other in writing that that party no longer has an electronic service address. A landlord shall not refuse to enter a lease because the prospective tenant declines to consent to electronic service under this section.
(3) As used in this section:
(a) “Document” means a digital image of a record originally produced on paper or originally created by an electronic means, the output of which is readable by sight and can be printed to paper.
(b) “Electronic notification” means the notification to a person that a document is served by sending an electronic message to the electronic service address at or through which the person has authorized electronic service, specifying the exact name of the document served or providing a hyperlink at which the served document can be viewed and downloaded, or both.
(c) “Electronic service” means service of a document on a person by either electronic transmission or electronic notification.
(d) “Electronic service address” of a person means the electronic address at or through which the person has authorized electronic service.
(e) “Electronic transmission” means the transmission of a document by electronic means to the electronic service address at or through which a person has authorized electronic service.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
