Bill Text: MI HB5162 | 2015-2016 | 98th Legislature | Introduced

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

Spectrum: Slight Partisan Bill (Republican 16-6)

Status: (Introduced - Dead) 2015-12-16 - Printed Bill Filed 12/16/2015 [HB5162 Detail]

Download: Michigan-2015-HB5162-Introduced.html

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HOUSE BILL No. 5162

December 15, 2015, Introduced by Reps. Howrylak, Cole, Kelly, Glenn, Lauwers, Irwin, Runestad, Robinson, McBroom, Franz, Lucido, Hooker, Victory, Aaron Miller, Chatfield, Johnson, Somerville, Pagan, Clemente, Dianda, Goike and Chang and referred to the Committee on Oversight and Ethics.

 

     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.