STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1252	By:	Dahm

AS INTRODUCED

An Act relating to data collection; creating the Fourth Amendment Protection Act; providing short title; stating public policy; prohibiting certain state support, participation or assistance with any federal agency for the purpose of collection of electronic data not based on certain warrant; prohibiting use of certain information in criminal investigation or prosecution; providing penalties; providing for codification; and declaring an emergency. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 50.1 of Title 80, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Fourth Amendment Protection Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 50.2 of Title 80, unless there is created a duplication in numbering, reads as follows:
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 pursuant to any action not based on a warrant that particularly describes the person, place and thing to be searched or seized.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 50.3 of Title 80, unless there is created a duplication in numbering, reads as follows:
A.  Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, 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:
1.  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 pursuant to any action not based on a warrant that particularly describes the person, place and thing to be searched or seized;
2.  Utilize any assets, state funds or funds allocated by the 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 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, place and thing to be searched or seized;
3.  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 pursuant to any action not based on a warrant that particularly describes the person, place and thing to be searched or seized; or
4.  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, place and thing to be searched or seized.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 50.4 of Title 80, unless there is created a duplication in numbering, reads as follows:
A.  A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance or policy under which the political subdivision violates Section 3 of this act.  State grant funds for the 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 political subdivision has intentionally required actions which violate the prohibitions in Section 3 of this act.
B.  Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 3 of this act shall be deemed to have resigned any commission from this state 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.
C.  Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 3 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 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-2-2406	MJM	1/6/2014 1:43:44 PM