HOUSE BILL No. 5420

 

March 20, 2014, Introduced by Reps. McMillin, Kelly, Robinson, Irwin, McBroom, MacMaster, Franz, Lauwers, Switalski, Olumba and Banks and referred to the Committee on Judiciary.

 

     A bill to prohibit this state and certain other governmental

 

agents, employees, and entities in this state from assisting a

 

federal agency in obtaining certain forms of data without a

 

warrant; to prohibit certain uses of certain data collected without

 

a warrant; to provide sanctions for a local unit of government that

 

adopts a measure that conflicts with this act; and to provide

 

sanctions for a violation of this act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"Fourth Amendment rights protection act".

 

     Sec. 2. (1) Subject to any exceptions to warrant

 

requirements under state law, an agency of this state, a

 

political subdivision of this state, an agent or employee of

 

this state or of a political subdivision of this state acting in


 

his or her official capacity, or a corporation in the course of

 

providing services on behalf of this state or a political

 

subdivision of this state shall not do any of the following:

 

     (a) Provide to a federal agency material support,

 

participation, or assistance in any form that aids in collecting

 

electronic data or metadata concerning any person, if the

 

collection is not pursuant to a warrant that particularly

 

describes the place to be searched and the person or thing to be

 

seized. This subdivision applies, notwithstanding any federal

 

law, rule, regulation, or order that purports to authorize the

 

electronic data or metadata collection.

 

     (b) Use any assets, state funds, or funds allocated by this

 

state to local entities on or after the effective date of this

 

act, in whole or in part, to engage in any activity that aids a

 

federal agency, federal agent, or a corporation in the course of

 

providing services to a federal agency or agent in collecting

 

electronic data or metadata of any person by an action if the

 

collection is not pursuant to a warrant that particularly

 

describes the place to be searched and the person or thing to be

 

seized.

 

     (c) Provide services, participate in providing services, or

 

assist in any way with providing services to a federal agency,

 

federal agent, or a corporation in the course of providing

 

services to a federal agency or agent involved in the collection

 

of electronic data or metadata of any person by any action, if

 

the collection is not pursuant to a warrant that particularly

 

describes the place to be searched and the person or thing to be


 

seized.

 

     (d) Use any information in a criminal investigation or

 

prosecution if the information is both of the following:

 

     (i) Provided by a federal agency, federal agent, or a

 

corporation in the course of providing services to a federal

 

agency or agent.

 

     (ii) Obtained by collecting electronic data or metadata of

 

any person without a warrant that particularly described the

 

place to be searched and the person or thing to be seized.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days.

 

     Sec. 3. (1) This act supersedes any conflicting law,

 

regulation, rule, or order to the extent consistent with the state

 

constitution of 1963 and the United States constitution.

 

     (2) This act does not prohibit any of the following:

 

     (a) Compliance with a federal subpoena.

 

     (b) Use of electronic data or metadata that have been

 

voluntarily provided to a federal agency, federal agent, or

 

corporation providing services to the federal government.