Bill Text: MI HB4430 | 2017-2018 | 99th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Civil rights; privacy; state assistance of federal government data collection; restrict. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-03-20 - Assigned Pa 71'18 With Immediate Effect [HB4430 Detail]

Download: Michigan-2017-HB4430-Introduced.html

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HOUSE BILL No. 4430

 

 

March 28, 2017, Introduced by Reps. Howrylak, Lucido, Robinson, Marino, LaGrand, Kahle, Runestad, Chang, Johnson, Glenn, Dianda, Hernandez, Pagan, Victory and Inman 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; and to prohibit certain uses of certain data collected

 

without a warrant.

 

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. This state or a political subdivision of this state

 

shall not assist, participate with, or provide material support or

 

resources to a federal agency to enable it to collect or to

 

facilitate in the collection or use of a person's electronic data

 

or metadata, unless 1 or more of the following circumstances apply:

 

     (a) The person has given informed consent.

     (b) The action is pursuant to a warrant that is based upon

 

probable cause and particularly describes the person, place, or

 

thing to be searched or seized.

 

     (c) The action is in accordance with a legally recognized

 

exception to warrant requirements.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.