Bill Text: MS SB2438 | 2014 | Regular Session | Introduced


Bill Title: "4th Amendment Protection Act"; prohibit any state action which implements the federal NSA program.

Status: (Failed) 2014-02-04 - Died In Committee [SB2438 Detail]

Download: Mississippi-2014-SB2438-Introduced.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Rules

By: Senator(s) McDaniel

Senate Bill 2438

AN ACT ENTITLED THE "4TH AMENDMENT PROTECTION ACT"; TO PROHIBIT ANY STATE ACTION WHICH IMPLEMENTS ANY FEDERAL NSA PROGRAM; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Policy.  (1)  This act shall be known and may be cited as the "4th Amendment Protection Act."

     (2)  It is the policy of this state to refuse material support, participation or assistance to any federal agency which claims the power, or with any federal law, rule, regulation or order which purports to authorize the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

     SECTION 2.  Prohibition on state actions.  (1)  Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:

          (a)  Provide material support, participation or assistance in any form, with any federal agency which claims the power, or with any federal law, rule, regulation or order which purports to authorize, the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

          (b)  Utilize any assets, state funds or funds allocated by the state to local entities on or after July 1, 2014, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

          (c)  Provide services, or participate or assist in any way with the providing of services to a federal agency, federal agent or corporation providing services to the federal government which is involved in the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

          (d)  Use any information in a criminal investigation or prosecution provided by any federal agency, agent or corporation providing services to the federal government, which was obtained through the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

     SECTION 3.  Penalties.  (1)  An agency or political subdivision of this state may not receive state if the political subdivision adopts a rule, order, ordinance or policy under which the agency or political division violates Section 2 of this act.  State funds for the agency or political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the agency or political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this act.

     (2)  Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall be deemed to have resigned any commission from the State of Mississippi which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this state.

     (3)  Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

     SECTION 4.  Severability.  The provisions of this act are severable.  If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2014.

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