BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           1841 (Bowen)
          
          Hearing Date:  5/3/2004         Amended: 4/19/04       
          Consultant:  Karen French           Policy Vote: Judiciary   
          4-1                      
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          BILL SUMMARY: 
          
          SB 1841 prohibits a public or private employer from  
          engaging in electronic monitoring of employee activities  
          and communications without first giving clear and  
          conspicuous notice to each employee.   The notice may be  
          electronic or in writing in a manner reasonably calculated  
          to provide actual notice and must include the following  
          information:
             1.   The form of communication to be monitored, 
             2.   The means by which monitoring will be accomplished,
             3.   The kinds of information that will be obtained,
             4.   The frequency of the monitoring,
             5.   The manner in which information obtained by  
               monitoring will be stored, used or disclosed.
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                          Fiscal Impact (in thousands)

           Major Provisions                    2004-05             2005-06   
                      2006-07            Fund

           Various state agencies
            Notice provision                  
          -----------Unknown--------------------General & 
                                                            Special
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          STAFF COMMENTS:  This bill  may  meet the criteria for  
          referral to the Suspense File.  Actual costs to the state  
          as an employer are unknown.   This bill may require the  
          state to amend it's current notification policy to apply to  
          any electronic monitoring and to provide individual notice  
          to all state employees of the new policy including the  
          three additional requirements noted below. 











          The state currently requires that all state employees  
          having access to the Internet consent  that all network  
          activity is the property of the state and not private.   
          Information supplied by the state Office of Privacy  
          Protection notes that The Statewide Internet Usage Policy,  
          issued by the Department of Finance in September 2002,  
          includes a sample notice and a sample consent form.     
          Staff notes that the requirements of this bill appear to be  
          significantly broader in application in that the  
          prohibition and notice covers monitoring accomplished  
          through the use of any electronic device, including, but  
          not limited to computer, telephones, wire, radio, camera or  
          electronic, photo-electronic, or photo optical system.   
          Assuming the state engages in any other form of monitoring  
          the policy may need to be amended.   In addition, the  
          current state notice requirement includes just two of this  
          bill's requirements and does not include the information  
          required in #'s 2 (means), 4 (frequency) or 5 (storage,  
          use, disclosure), noted in the bill summary.