00                             SENATE BILL NO. 13                                                                          
01 "An Act prohibiting the state and municipalities from using assets to assist a federal                                  
02 agency in collecting certain telephone records or electronic data without a warrant;                                    
03 prohibiting the state from cooperating with a federal agency in collecting certain                                      
04 telephone records or electronic data without a warrant; and providing for an effective                                  
05 date."                                                                                                                  
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 29.10.200 is amended by adding a new paragraph to read:                                            
08                 (65)  AS 29.35.081 (collection or use of telephone records or electronic                                
09       data obtained without a warrant).                                                                                 
10    * Sec. 2. AS 29.35 is amended by adding a new section to read:                                                     
11            Sec. 29.35.081. Prohibition against cooperation with federal agencies                                      
12       engaged in collection of telephone records or electronic data. (a) A municipality or                            
13       an agent of a municipality may not                                                                                
01                 (1)  assist, cooperate with, or participate with a federal agency in the                                
02       collection of                                                                                                     
03                      (A)  electronic data under a federal statute, regulation, rule, or                                 
04            order when the collection of electronic data is undertaken without a search                                  
05            warrant that particularly describes the person, place, and thing to be searched                              
06            or seized; or                                                                                                
07                      (B)  telephone records under a federal statute, regulation, rule,                                  
08            or order when the collection of the telephone records is undertaken without a                                
09            search warrant that particularly describes the person, place, and thing to be                                
10            searched or seized, or in another manner that is inconsistent with state law; or                             
11                 (2)  use, in a criminal investigation or prosecution, records or data that                              
12       are provided by a federal agency or an officer or employee of a federal agency that                               
13       were collected by the federal agency without a search warrant or in another manner                                
14       inconsistent with state law as described in (1) of this subsection.                                               
15            (b)  In this section, "electronic data" includes electronic mail and text                                    
16       messages.                                                                                                         
17    * Sec. 3. AS 44.99.040(a) is amended to read:                                                                      
18            (a)  A state or municipal agency may not use or authorize the use of an asset to                             
19       implement or aid in                                                                                               
20                 (1)  the implementation of a requirement of                                                         
21                      (A) [(1)]  an order of the President of the United States, a                                   
22            federal regulation, or a law enacted by the United States Congress that is                                   
23            applied to                                                                                                   
24                           (i) [(A)]  infringe on a person's right, under the Second                                 
25                 Amendment to the Constitution of the United States, to keep and bear                                    
26                 arms;                                                                                                   
27                           (ii) [(B)]  deny a person a right to due process, or a                                    
28                 protection of due process, that would otherwise be available to the                                     
29                 person under the Constitution of the State of Alaska or the Constitution                                
30                 of the United States; or                                                                                
31                      (B) [(2)]  P.L. 109-13, Division B (REAL ID Act of 2005);                                  
01                 (2)  the collection by a federal agency of electronic data without a                                
02       search warrant; in this paragraph, "electronic data" includes electronic mail and                             
03       text messages; or                                                                                             
04                 (3)  the collection by a federal agency of telephone records without                                
05       a search warrant, unless the records are collected in a manner consistent with                                
06       state law.                                                                                                    
07    * Sec. 4. AS 44.99 is amended by adding a new section to article 1 to read:                                        
08            Sec. 44.99.050. Prohibition against cooperation with federal agencies                                      
09       engaged in collection of telephone records or electronic data. (a) The state or an                              
10       agent of the state may not                                                                                        
11                 (1)  assist, cooperate with, or participate with a federal agency in the                                
12       collection of                                                                                                     
13                      (A)  electronic data under a federal statute, regulation, rule, or                                 
14            order when the collection of electronic data is undertaken without a search                                  
15            warrant that particularly describes the person, place, and thing to be searched                              
16            or seized; or                                                                                                
17                      (B)  telephone records under a federal statute, regulation, rule,                                  
18            or order when the collection of the telephone records is undertaken without a                                
19            search warrant that particularly describes the person, place, and thing to be                                
20            searched or seized, or in another manner that is inconsistent with state law; or                             
21                 (2)  use, in a criminal investigation or prosecution, records or data that                              
22       are provided by a federal agency or an officer or employee of a federal agency that                               
23       were collected by the federal agency without a search warrant or in another manner                                
24       inconsistent with state law as described in (1) of this subsection.                                               
25            (b)  In this section, "electronic data" includes electronic mail and text                                    
26       messages.                                                                                                         
27    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).