BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1349|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                              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





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           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, 







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          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. 







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          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







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          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

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