00 SENATE BILL NO. 142 01 "An Act relating to the powers of municipalities; prohibiting state and municipal 02 agencies from using assets to assist a federal agency in collecting certain telephone 03 records or electronic data without a warrant; prohibiting state and municipal agencies, 04 officers, employees, and agents from cooperating with a federal agency in collecting 05 certain telephone records or electronic data without a warrant; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 29.10.200 is amended to read: 09 Sec. 29.10.200. Limitation of home rule powers. Only the following 10 provisions of this title apply to home rule municipalities as prohibitions on acting 11 otherwise than as provided. These provisions supersede existing and prohibit future 12 home rule enactments that provide otherwise: 13 (1) AS 29.05.140 (transition); 01 (2) AS 29.06.010 (change of municipal name); 02 (3) AS 29.06.040 - 29.06.060 (annexation and detachment); 03 (4) AS 29.06.090 - 29.06.170 (merger and consolidation); 04 (5) AS 29.06.190 - 29.06.420 (unification of municipalities); 05 (6) AS 29.06.450 - 29.06.530 (dissolution); 06 (7) AS 29.10.100 (charter amendment); 07 (8) AS 29.20.010 (conflict of interest); 08 (9) AS 29.20.020 (meetings public); 09 (10) AS 29.20.050 (legislative power); 10 (11) AS 29.20.060 - 29.20.120 (assembly composition and 11 apportionment); 12 (12) AS 29.20.140 (qualifications of members of governing bodies); 13 (13) AS 29.20.150 (term of office); 14 (14) AS 29.20.220 (executive power); 15 (15) AS 29.20.270(e) (ordinance veto by mayor); 16 (16) AS 29.20.630 (prohibited discrimination); 17 (17) AS 29.20.640 (reports); 18 (18) AS 29.25.010(a)(10) (municipal exemption on contractor bond 19 requirements); 20 (19) AS 29.25.050 (codification); 21 (20) AS 29.25.060 (resolutions); 22 (21) AS 29.25.070(e) (notices of certain civil actions); 23 (22) AS 29.25.074 (surcharge); 24 (23) AS 29.25.080 (breast-feeding); 25 (24) AS 29.26.030 (notice of elections); 26 (25) AS 29.26.050 (voter qualification); 27 (26) AS 29.26.250 - 29.26.360 (recall); 28 (27) AS 29.35.020 (extraterritorial jurisdiction); 29 (28) AS 29.35.030 (eminent domain); 30 (29) AS 29.35.050(a) - (c) (garbage and solid waste services); 31 (30) AS 29.35.055 (local air quality control program); 01 (31) AS 29.35.060 (franchises and permits); 02 (32) AS 29.35.070 (public utilities); 03 (33) AS 29.35.080 (alcoholic beverages); 04 (34) AS 29.35.090(b) (certain vacations of rights-of-way prohibited); 05 (35) AS 29.35.120 (post audit); 06 (36) AS 29.35.125 (fees for police protection services); 07 (37) AS 29.35.131 - 29.35.137 (enhanced 911 system); 08 (38) AS 29.35.141 (regulation of radio antennas); 09 (39) AS 29.35.144 (sprinkler fire protection systems); 10 (40) AS 29.35.145 (regulation of firearms and knives); 11 (41) AS 29.35.160 (education); 12 (42) AS 29.35.170(b) (assessment and collection of taxes); 13 (43) AS 29.35.180(b) (land use regulation); 14 (44) AS 29.35.250 (cities inside boroughs); 15 (45) AS 29.35.260 (cities outside boroughs); 16 (46) AS 29.35.340 (acquisition of areawide power); 17 (47) AS 29.35.450 (service areas); 18 (48) AS 29.35.500 - 29.35.590 (hazardous materials and wastes); 19 (49) AS 29.40.160(a) - (c) (title to vacated areas); 20 (50) AS 29.40.200 (subdivisions of state land); 21 (51) AS 29.45.010 - 29.45.560 and 29.45.800 (property taxes); 22 (52) AS 29.45.650(c), (d), (e), (f), (i), (j), and (k) (sales and use tax); 23 (53) AS 29.45.700(d), (e), and (g) (sales and use tax); 24 (54) AS 29.45.750 (taxation of mobile telecommunications); 25 (55) AS 29.45.810 (exemption from municipal taxation); 26 (56) AS 29.46.010(b) (exemption from municipal assessment); 27 (57) AS 29.47.200(b) (security for bonds); 28 (58) AS 29.47.260 (revenue bonds); 29 (59) AS 29.47.470 (air carriers); 30 (60) AS 29.65 (general grant land); 31 (61) AS 29.71.040 (procurement preference for state agricultural and 01 fisheries products); 02 (62) AS 29.71.050 (procurement preference for recycled Alaska 03 products);  04 (63) AS 29.35.081 (collection or use of telephone records or  05 electronic data obtained without a warrant). 06  * Sec. 2. AS 29.35 is amended by adding a new section to read: 07 Sec. 29.35.081. Prohibition against cooperation with federal agencies  08 engaged in collection of telephone records or electronic data. (a) A municipality or 09 an officer, employee, or agent of a municipality may not 10 (1) assist, cooperate with, or participate with a federal agency in the 11 collection of 12 (A) electronic data under a federal statute, regulation, rule, or 13 order when the collection of electronic data is undertaken without a search 14 warrant that particularly describes the person, place, and thing to be searched 15 or seized; or 16 (B) telephone records under a federal statute, regulation, rule, 17 or order when the collection of the telephone records is undertaken without a 18 search warrant that particularly describes the person, place, and thing to be 19 searched or seized, or in another manner that is inconsistent with state law; or 20 (2) use, in a criminal investigation or prosecution, records or data that 21 are provided by a federal agency or an officer or employee of a federal agency that 22 were collected by the federal agency without a search warrant or in another manner 23 inconsistent with state law as described in (1) of this subsection. 24 (b) In this section, "electronic data" includes electronic mail and text 25 messages. 26  * Sec. 3. AS 44.99.040(a) is amended to read: 27 (a) A state or municipal agency may not use or authorize the use of an asset to 28 implement or aid in 29 (1) the implementation of a requirement of 30 (A) [(1)] an order of the President of the United States, a 31 federal regulation, or a law enacted by the United States Congress that is 01 applied to 02 (i) [(A)] infringe on a person's right, under the Second 03 Amendment to the Constitution of the United States, to keep and bear 04 arms; 05 (ii) [(B)] deny a person a right to due process, or a 06 protection of due process, that would otherwise be available to the 07 person under the Constitution of the State of Alaska or the Constitution 08 of the United States; or 09 (B) [(2)] P.L. 109-13, Division B (REAL ID Act of 2005);  10 (2) the collection by a federal agency of electronic data without a  11 search warrant; in this paragraph, "electronic data" includes electronic mail and  12 text messages; or  13 (3) the collection by a federal agency of telephone records without  14 a search warrant, unless the records are collected in a manner consistent with  15 state law. 16  * Sec. 4. AS 44.99 is amended by adding a new section to article 1 to read: 17 Sec. 44.99.050. Prohibition against cooperation with federal agencies  18 engaged in collection of telephone records or electronic data. (a) A state agency or 19 an officer, employee, or agent of a state agency may not 20 (1) assist, cooperate with, or participate with a federal agency in the 21 collection of 22 (A) electronic data under a federal statute, regulation, rule, or 23 order when the collection of electronic data is undertaken without a search 24 warrant that particularly describes the person, place, and thing to be searched 25 or seized; or 26 (B) telephone records under a federal statute, regulation, rule, 27 or order when the collection of the telephone records is undertaken without a 28 search warrant that particularly describes the person, place, and thing to be 29 searched or seized, or in another manner that is inconsistent with state law; or 30 (2) use, in a criminal investigation or prosecution, records or data that 31 are provided by a federal agency or an officer or employee of a federal agency that 01 were collected by the federal agency without a search warrant or in another manner 02 inconsistent with state law as described in (1) of this subsection. 03 (b) In this section, "electronic data" includes electronic mail and text 04 messages. 05  * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).