BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 828
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 828 (Lieu) - As Amended:  August 4, 2014 

          Policy Committee:                             Public  
          SafetyVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill prohibits the state from providing material support,  
          participation, or assistance to any request from a federal  
          agency to collect electronic data, or metadata, as defined, of  
          any person if the state has knowledge the request constitutes an  
          illegal or unconstitutional collection of electronic data or  
          metadata. 

           FISCAL EFFECT  

          Negligible. 

           COMMENTS  

           1)Rationale.  The intent of this bill is to make clear California  
            may not help the NSA in any illegal or unconstitutional  
            collection of electronic data or metadata. According to the  
            author, "To collect electronic and metadata information, the  
            NSA sometimes relies upon services provided by the state.  In  
            order to prevent taxpayers' money from going towards violating  
            their own rights, this bill would ban state agencies from  
            giving any material support, participation or assistance to  
            any federal agency to collect electronic or metadata of any  
            person, unless there has been a warrant issued that  
            specifically describes the person, place and thing to be  
            searched or seized.

            "This bill would make it the clear policy of the state to  
            refuse material support, participation, or assistance to any  
            federal agency attempting the illegal and unconstitutional  
            collection of electronic data or metadata, without consent, of  








                                                                  SB 828
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            any person not based on a warrant that particularly describes  
            the person, place, and thing to be searched or seized, or in  
            accordance with judicially recognized exceptions to warrant  
            requirements."

           2)Support  . According to the Tenth Amendment Center, "While  
            California cannot bar the NSA from operating within its  
            borders, it does not have to cooperate with or support the  
            agency.  The well-established anti-commandeering doctrine,  
            holding that the federal government cannot coerce or compel  
            states to implement or enforce federal regulations or  
            programs, puts SB 828 on firm legal footing."

           3)Opposition  . The California State Sheriffs' Association states,  
            "Prohibiting the state from aiding and abetting federal  
            activity that would otherwise be illegal or unconstitutional  
            seems unnecessary as we cannot imagine that such behavior is  
            not already proscribed."  
            Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081