BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1349| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1349 Author: Yee (D) Amended: 8/6/12 Vote: 21 SENATE EDUCATION COMMITTEE : 8-0, 4/18/12 AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price, Simitian, Vargas NO VOTE RECORDED: Runner, Blakeslee, Vacancy SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 4/25/12 AYES: Lieu, Wyland, DeSaulnier, Leno, Yee NO VOTE RECORDED: Padilla, Runner SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 28-5, 5/25/12 AYES: Alquist, Berryhill, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Harman, Hernandez, Huff, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Steinberg, Vargas, Walters, Wolk, Wright, Yee NOES: Anderson, Blakeslee, Dutton, Fuller, Gaines NO VOTE RECORDED: Calderon, Hancock, Kehoe, Runner, Simitian, Strickland, Wyland ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page for vote SUBJECT : Social media privacy: postsecondary education CONTINUED SB 1349 Page 2 SOURCE : Author DIGEST : This bill establishes a privacy policy for postsecondary education students with respect to their use of social media. Assembly Amendments (1) revise and recast similar contents of the bill as it was in the Senate; (2) stipulate that the bill does not: (a) affect an institution's rights and obligation to protect against or investigate student misconduct, (b) prohibit an institution from taking any adverse action against a student, prospective student, or student group for any lawful reason; (3) require every private nonprofit and for-profit institutions to post its social media policy on its Web site, and (4) add Assemblymember Campos as a coauthor. ANALYSIS : Existing law requires the University of California (UC) Regents, the California State University (CSU) Trustees and the governing board of every community college district to adopt specific rules and regulations governing student behavior along with applicable penalties for violation of the rules and regulations. Existing law also authorizes the governing board of a community college district, the president or an instructor to suspend a student for "good cause", and prohibits the removal, suspension, or expulsion of a California Community College student unless the conduct for which the student is disciplined is related to college activity or college attendance. CSU rules of student conduct are outlined in the California Code of Regulations (Title 5, Article 2, Section 41301). These regulations provide that any student may be expelled, suspended, placed on probation or given a lesser sanction for one or more causes, as specified. Conduct that threatens the safety or security of the campus community or substantially disrupts the function or operation of the University, whether it occurs on or off campus, is within the jurisdiction of the Student Conduct Code. Systemwide procedures for implementing student disciple are set forth in Executive Order #1043, which, among other things, SB 1349 Page 3 authorizes a student conduct administrator to investigate the matter. At the UC, enrolled students are subject to university authority which includes the prerogative of dismissing students for a number of violations including participation in a disturbance of the peace or unlawful assembly. If specified in implementing campus regulations, these standards of conduct may apply to conduct that occurs off campus and that would violate student conduct and discipline policies or regulations had the conduct occurred on campus. Existing law also prohibits the UC Regents, the CSU Trustees and local community college district governing boards from making or enforcing any rule subjecting any student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected by the United States or California constitutions. Existing law provides that an enrolled student may pursue civil action against these institutions, should they make or enforce any such rule. This bill establishes a privacy policy for postsecondary education students with respect to their use of social media. Specifically, this bill: 1. Defines social media as an electronic medium where users may create, share, and view user-generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, instant messages, email, or online services. Prohibits public and private postsecondary educational institutions from requiring or requesting a student, prospective student or student group to: A. Disclose a user name or password for accessing personal social media. B. Access personal social media in the presence of the institution's employee or representative. C. Divulge any personal social media information. SB 1349 Page 4 2. Stipulates that #1 does not: A. Affect an institution's rights and obligation to protect against or investigate student misconduct. B. Prohibit an institution from taking any adverse action against a student, prospective student, or student group for any lawful reason. 3. Requires every private nonprofit and for-profit institutions to post its social media policy on its Web site. Comments According to the public postsecondary educational institutions, they do not currently engage in the activities prohibited by this bill. However, it appears that some private postsecondary educational institutions do request that their athlete students provide information on their social media accounts. Reportedly this is to ensure that these students adhere to student athlete ethics codes, as required under National Collegiate Athletic Association rules. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/17/12) AFSCME California Employment Lawyers Association California Faculty Association California Labor Federation California Public Interest Research Group CalSmallBiz Community United Against Violence Consumer Action Jewish Vocational Service, Los Angeles National Center for Lesbian Rights Privacy Rights Clearinghouse United Automobile, Aerospace and Agricultural Implement Workers of America, Local 5810 SB 1349 Page 5 University of California Student Association ARGUMENTS IN SUPPORT : According to the author's office, there is a growing trend of colleges and universities who are requiring user names and passwords to the social media accounts of students. Student athlete cases have involved requiring that the student athlete download an application which monitors the content of their social media account or requires that the student athlete allow a coach or other designated person access to the private content of their social media account. ASSEMBLY FLOOR : 79-0, 8/16/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Lara PQ:k 8/17/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****