BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1349|
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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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