Bill Text: MI HB5420 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Civil rights; privacy; state assistance of federal government data collection; restrict. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-25 - Printed Bill Filed 03/21/2014 [HB5420 Detail]
Download: Michigan-2013-HB5420-Introduced.html
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.
