Bill Text: IA SF2172 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to providing material support to federal agencies under certain circumstances, providing penalties, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-17 - Subcommittee, Hogg, Schneider, and Sodders. S.J. 272. [SF2172 Detail]

Download: Iowa-2013-SF2172-Introduced.html
Senate File 2172 - Introduced SENATE FILE 2172 BY CHAPMAN A BILL FOR An Act relating to providing material support to federal 1 agencies under certain circumstances, providing penalties, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5792XS (5) 85 jm/rj
S.F. 2172 Section 1. NEW SECTION . 823.1 Prohibitions. 1 Notwithstanding any law, regulation, or order to the 2 contrary, an agency of this state, political subdivision 3 of this state, or employee of such an agency or political 4 subdivision acting in the employee’s official capacity, or 5 corporation providing services on behalf of this state or a 6 political subdivision of this state shall not do any of the 7 following: 8 1. Provide material support for, participation with, or 9 assistance to, in any form, any federal agency which claims the 10 power, or which purports due to any federal law, regulation, 11 or order, to authorize the collection of electronic data or 12 metadata of any person pursuant to any action not based on a 13 warrant that particularly describes the person, place, or thing 14 to be searched or seized. 15 2. Utilize any assets, state funds, or funds allocated by 16 the state to local entities, in whole or in part, to engage 17 in any activity that aids a federal agency, federal agent, or 18 corporation providing services to the federal government in 19 the collection of electronic data or metadata of any person 20 pursuant to any action not based on a warrant that particularly 21 describes the person, place, or thing to be searched or seized. 22 3. Provide services, or participate or assist in any way 23 with the provision of services to a federal agency, federal 24 agent, or corporation providing services to the federal 25 government which is involved in the collection of electronic 26 data or metadata of any person pursuant to any action not based 27 on a warrant that particularly describes the person, place, or 28 thing to be searched or seized. 29 4. Use any information in a criminal investigation or 30 prosecution conducted by a federal agency, federal agent, or 31 corporation providing services to the federal government, 32 which was obtained through the collection of electronic data 33 or metadata of any person pursuant to any action not based on a 34 warrant that particularly describes the person, place, or thing 35 -1- LSB 5792XS (5) 85 jm/rj 1/ 3
S.F. 2172 to be searched or seized. 1 Sec. 2. NEW SECTION . 823.2 Penalties. 2 1. A political subdivision of this state shall not receive 3 state grant funds if the political subdivision adopts a 4 rule, order, ordinance, or policy under which the political 5 subdivision violates the prohibitions of section 823.1. State 6 grant funds for the political subdivision shall be denied for 7 the fiscal year following the year in which a final judicial 8 determination in an action brought under this section is made 9 that the political subdivision has intentionally required 10 actions which violate the prohibitions of section 823.1. 11 2. An agent or employee of this state, or of a political 12 subdivision of this state, who knowingly violates the 13 prohibitions of section 823.1, is guilty of a serious 14 misdemeanor. 15 3. A corporation or person that provides services to or on 16 behalf of this state and violates the prohibitions of section 17 823.1 shall be forever ineligible to act on behalf of, or to 18 provide services to, this state or a political subdivision of 19 this state. 20 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 21 immediate importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to providing material support to federal 26 agencies under certain circumstances. 27 The bill prohibits an agency of this state, political 28 subdivision of this state, or employee of an agency or 29 political subdivision acting in the employee’s official 30 capacity, or corporation providing services on behalf of this 31 state or a political subdivision of this state from doing 32 any of the following without a search warrant: providing 33 material support for, participation with, or assistance in 34 any form, to any federal agency that collects electronic 35 -2- LSB 5792XS (5) 85 jm/rj 2/ 3
S.F. 2172 data or metadata; utilizing any assets, state funds, or 1 funds allocated by the state to local entities that support 2 any activity that aids a federal agency, federal agent, or 3 corporation providing services to the federal government in the 4 collection of electronic data or metadata; providing services, 5 or participating or assisting in any way with the provision of 6 services to a federal agency, federal agent, or corporation 7 providing services to the federal government which is involved 8 in the collection of electronic data or metadata; and using 9 any information in a criminal investigation or prosecution 10 conducted by a federal agency, federal agent, or corporation 11 providing services to the federal government, which was 12 obtained through the collection of electronic data or metadata. 13 Under the bill, a political subdivision of this state is 14 prohibited from receiving state grant funds if the political 15 subdivision adopts an ordinance or policy under which the 16 political subdivision violates the bill. State grant funds for 17 the political subdivision shall be denied under the bill for 18 the fiscal year following the year in which a final judicial 19 determination in an action brought under the bill is made that 20 the political subdivision has intentionally required actions 21 which violate the prohibitions of the bill. 22 Any agent or employee of this state, or of any political 23 subdivision of this state, who knowingly violates the bill, is 24 guilty of a serious misdemeanor. 25 Any corporation or person that provides services to or on 26 behalf of this state and violates the prohibitions of the bill, 27 shall be forever ineligible to act on behalf of, or provide 28 services to, this state or any political subdivision of this 29 state. 30 The bill takes effect upon enactment. 31 -3- LSB 5792XS (5) 85 jm/rj 3/ 3
feedback