Bill Text: MI HB4430 | 2017-2018 | 99th Legislature | Chaptered
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-Chaptered.html
Act No. 71
Public Acts of 2018
Approved by the Governor
March 19, 2018
Filed with the Secretary of State
March 19, 2018
EFFECTIVE DATE: June 17, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Howrylak, Lucido, Robinson, Marino, LaGrand, Kahle, Runestad, Chang, Johnson, Glenn, Dianda, Hernandez, Pagan, Victory and Inman
ENROLLED HOUSE BILL No. 4430
AN ACT 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. As used in this act:
(a) “Electronic data” means information related to an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, or format of an electronic communication; the precise or approximate location of the sender or recipients of an electronic communication at any time during the communication; the time or date the communication was created, sent, or received; and the identity of an individual or device involved in the communication, including, but not limited to, an internet protocol address. The term does not include subscriber information.
(b) “Metadata” means information generally not visible when an electronic document is printed describing the history, tracking, or management of the electronic document, including information about data in the electronic document that describes how, when, and by whom the data were collected, created, accessed, or modified and how the data are formatted. The term does not include any of the following:
(i) A spreadsheet formula.
(ii) A database field.
(iii) An externally or internally linked file.
(iv) A reference to an external file or hyperlink.
Sec. 3. 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.
(d) The action will not infringe on any reasonable expectation of privacy the person may have.
(e) This state or a political subdivision of this state collected the electronic data or metadata legally.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
