Bill Text: MI HB4038 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-4038, As Passed Senate, May 12, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4038
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
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 delivering it personally any
of the following means:
(a)
Personal delivery to the person in
possession. , or by
delivering
it
(b)
Personal delivery on the premises to a member
of his 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. , or by sending it by first-
class
(c) First-class mail addressed to the person in possession. If
House Bill No. 4038 as amended March 17, 2015
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.
