Higher educational institutions; social media accounts. (SB438)

Introduced By

Sen. George Barker (D-Alexandria)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Public institutions of higher education; social media accounts. Prohibits a public or private institution of higher education from requiring a student to disclose the username or password to any of such student's social media accounts. Read the Bill »

Status

03/11/2016: Passed the General Assembly

History

DateAction
01/12/2016Prefiled and ordered printed; offered 01/13/16
01/12/2016Prefiled and ordered printed; offered 01/13/16 16102473D
01/12/2016Referred to Committee on Education and Health
01/21/2016Impact statement from DPB (SB438)
01/25/2016Assigned Education sub: Higher Education
02/04/2016Reported from Education and Health with amendment (13-Y 1-N) (see vote tally)
02/05/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2016Read second time
02/08/2016Reading of amendment waived
02/08/2016Committee amendment agreed to
02/08/2016Engrossed by Senate as amended SB438E
02/08/2016Printed as engrossed 16102473D-E
02/09/2016Read third time and passed Senate (28-Y 12-N) (see vote tally)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee on Education
02/15/2016Assigned Education sub: Higher Education
02/17/2016Impact statement from DPB (SB438E)
02/23/2016Subcommittee recommends reporting (9-Y 0-N)
02/29/2016Reported from Education (22-Y 0-N) (see vote tally)
03/01/2016Read second time
03/02/2016Read third time
03/02/2016Passed by for the day
03/03/2016Motion to refer to committee agreed to
03/03/2016Referred to Committee for Courts of Justice
03/07/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
03/07/2016Committee substitute printed 16106069D-H1
03/08/2016Impact statement from DPB (SB438H1)
03/09/2016Read second time
03/10/2016Read third time
03/10/2016Committee substitute agreed to 16106069D-H1
03/10/2016Engrossed by House - committee substitute SB438H1
03/10/2016Passed House with substitute BLOCK VOTE (97-Y 0-N)
03/10/2016VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
03/10/2016House substitute agreed to by Senate (34-Y 5-N) (see vote tally)
03/10/2016Reconsideration of House substitute agreed to by Senate (39-Y 0-N) (see vote tally)
03/10/2016House substitute agreed to by Senate (29-Y 9-N 1-A) (see vote tally)
03/10/2016Title replaced 16106069D-H1
03/11/2016Enrolled
03/11/2016Bill text as passed Senate and House (SB438ER)
03/11/2016Signed by President
03/11/2016Signed by Speaker
03/15/2016Impact statement from DPB (SB438ER)
03/16/2016Enrolled Bill Communicated to Governor on 3/16/16
03/16/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 5 clips in all, totaling 9 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM FAUQUIER COUNTY. PARDON ME, MR. PRESIDENT. I MOVE THAT THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE BILL IS ENGROSSED AND ADVANCED TO THE THIRD READING.

[Unknown]: SENATE BILL 438, A BILL RELATING TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION; SOCIAL MEDIA ACCOUNTS; DISCLOSURE. REPORTED FROM COMMITTEE ON EDUCATION AND HEALTH WITH AMENDMENT. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.

Sen. George Barker (D-Alexandria): YES, MR. PRESIDENT. I MOVE THAT THE COMMITTEE AMENDMENT BE ADOPT.

[Unknown]: THE QUESTION IS SHALL THE COMMITTEE AMENDMENT BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE COMMITTEE AMENDMENT IS AGREED TO. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY.


Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL SENATE BILL 343 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Louise Lucas (D-Portsmouth): AYES 38, NOS 2.

[Unknown]: AYES 38, NOS 2. THE BILL PASSES. SENATE BILL 438, RELATING TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION, SOCIAL MEDIA ACCOUNTS, DISCLOSURE. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.

Sen. George Barker (D-Alexandria): SORRY, I'M AHEAD OF MYSELF. NOW I DO MOVE THAT SENATE BILL 438 PASS AND SPEAKING TO THE MEASURE.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. George Barker (D-Alexandria): MR. PRESIDENT, SENATE BILL 438 DEALS WITH THE -- TRYING TO PROTECT THE STUDENTS IN HIGHER EDUCATION INSTITUTIONS IN VIRGINIA, BOTH PUBLIC AND PRIVATE HIGHER EDUCATION INSTITUTIONS, FROM HAVING TO DISCLOSE EITHER THE USER NAME OR PASSWORD FOR THEIR SOCIAL MEDIA ACCOUNTS. THIS IS SOMETHING THAT'S COME ABOUT WITHIN THE LAST DECADE OR SO IN TERMS OF A SIGNIFICANT ISSUE AND THERE'S BEEN A HUGE EVOLUTION OF THE -- WHAT'S BEEN HAPPENING IN THIS FRONT. FOUR OR FIVE YEARS AGO, IT WAS ACTUALLY PRETTY COMMON AND MANY INSTANCES, THE MAJORITY OF INSTITUTIONS DID REQUIRE SOME OR AT LEAST SOME ASPECT OF THE INSTITUTIONS REQUIRED DISCLOSURE OF THESE USER NAMES AND PASSWORDS. THERE WAS ONE SURVEY THAT WAS DONE THAT SHOWED OVER TWO-THIRDS OF HIGHER EDUCATION INSTITUTIONS THAT RESPONDED TO THE SURVEY, WHICH WAS ALMOST 100 INSTITUTIONS, DID REQUIRE AT LEAST SOME STUDENTS TO DISCLOSE THE DISCLOSURE OF THIS THIS INFORMATION. INFORMATION HAS INVADE THE THE PRIVACY OF A LOT OF THESE STUDENTS AND HAS RESULTED IN ACTIONS BEING TAKEN AGAINST MANY OF THESE STUDENTS IN VIOLATION OF THEIR PRIVACY. WHAT HAS HAPPENED IN THE LAST SEVERAL YEARS, THERE'S BEEN A STRONG REACTION TO THOSE TYPES OF THINGS, NOT JUST RELATED TO HIGHER EDUCATION INSTITUTIONS, BUT ACROSS THE BOARD IN TRYING TO PROTECT INDIVIDUALS FROM HAVING TO DISCLOSE SOCIAL MEDIA INFORMATION. WE'RE NOW HAVE 13 STATES IN TERMS OF HIGHER EDUCATION INSTITUTIONS DO FREEWAY THE PROTECTION THAT THIS -- PROVIDE THE PROTECTION THAT THIS MEASURE SEEKS TO PROVIDE. JUST LAST YEAR, WE PASSED A BILL THAT PROVIDED PROTECTION FOR SO THE EMPLOYEES OF BOTH THE EMPLOYEES. PUBLIC AND PRIVATE SECTOR, WHICH IN EFFECT WOULD INCLUDE THE EMPLOYEES OF BOTH PUBLIC HIGHER EDUCATION INSTITUTIONS AND THE PRIVATE HIGHER EDUCATION INSTITUTIONS NOW ARE PROTECTED. WHICH THIS MEASURE WOULD DO IS PROVIDE THE SAME PROTECTIONS TO THE STUDENTS THEMSELVES AND I THINK AS A STEP IN THE RIGHT DIRECTION, THIS BILL WAS NOT OPPOSED BY EITHER PUBLIC OR PRIVATE HIGHER EDUCATION INSTITUTIONS AND IN FACT THE PRIVATE HIGHER EDUCATION INSTITUTIONS WORKED WITH US ON COMING UP WITH A MINOR AMENDMENT TO HELP US MOVE THE BILL FORWARD. WITH THAT, I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO PASS THE BILL.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): THANK YOU, MR. PRESIDENT. I RISE TO SPEAK AGAINST THE BILL. MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, THIS WILL BE THE FIRST OF THE PETERSEN-BARKER DEBATES TODAY, BUT I WANT TO SPEAK A LITTLE BIT ABOUT THIS BILL BECAUSE I SUPPORT PRIVACY. I'VE SUPPORTED BILLS TO ENSHRINE PRIVACY IN VIRGINIA LAW AND MAKE SURE THAT ADULTS AND HOMEOWNERS AND TAXPAYERS ARE PROTECTED, BUT THIS IS A DIFFERENT SITUATION. LET ME GIVE YOU A COUPLE REASONS WHY. FIRST OF ALL, NOTE THAT WE'RE INCLUDING PRIVATE SCHOOLS IN THIS. NOW, I WAS IN THE HIGHER EDUCATION SUBCOMMITTEE HEARING AND IT'S TRUE THAT THE PRIVATE SCHOOLS DID NOT COME FORWARD TO OBJECT, BUT THEY CERTAINLY DIDN'T ASK FOR IT EITHER. AND THE BOTTOM LINE IS WHEN YOU'RE CHILD DECIDES TO ATTEND A PRIVATE SCHOOL OR YOU TIED TO ATTEND A PRIVATE SCHOOL, THAT'S REALLY BETWEEN YOURSELF AND THAT SCHOOL AND WE'RE REALLY, FOR THE FIRST TIME, INSERTING OURSELVES INTO THAT RELATIONSHIP IN TERMS OF WHO CAN SET WHAT RULES IN TERMS OF KCT. FRANKLY, I WOULD PROBABLY HAVE THIS AS A RULE, BUT AGAIN, WE'RE SEPG INTO A PRIVATE RELATIONSHIP BETWEEN A FAMILY AND A SCHOOL AND TELLING THEM HOW TO RUN THEIR BUSINESS. NUMBER TWO, YOU KNOW, A LOT OF THESE COLLEGE STUDENTS ARE MINORS. I HAPPEN TO BE THE FATHER OF A 17-YEAR-OLD GIRL. I GOT NEWS FOR YOU. THAT SOCIAL MEDIAING IS SUPERVISED. OKAY? AND SUPERVISED BY HER PARENTS OR MORE ACCURATE, HER MOTHER, BUT THE BOTTOM LINE IS LOTS OF TIMES YOU HAVE 17-YEAR-OLDS ON OUR COLLEGE CAMPUSES, SO THE FACT THAT THEY HAVE SOME SUPERVISION OF THEIR SOCIAL MEDIA ACCOUNT, AGAIN, I'M NOT PRESUMING THAT'S THE RIGHT WAY TO GO, BUT THEY HARDLY HAVE A CONSTITUTIONAL RIGHT TO PRIVACY AT THE AGE OF 17, PARTICULARLY WHEN THEY'RE USING A PHONE THAT SOMEBODY ELSE IS PAYING THE BILL FOR. THIRD, I DON'T KNOW IF YOU ALL NOTICED THIS, BUT WE'VE HAD A LITTLE INCIDENT AT VIRGINIA TECH WHERE A COUPLE STUDENTS GOT IN TOUCH WITH A YOUNG WOMAN IN THE COMMUNITY AND THAT YOUNG WOMAN HAS BEEN ABDUCTED AND THE INITIAL CONTACT WAS MADE THROUGH SOCIAL MEDIA. WE PASS LAWS LIKE THIS AND OUR SCHOOLS AND UNIVERSITIES HAVE NO WAY OF ACCESSING THESE ACCOUNTS. WE'RE TYING THEIR HANDS. OBVIOUSLY THAT'S A CRIMINAL MATTER AND IT WILL BE INVESTIGATED BY THE COMMONWEALTH ATTORNEY, BUT LET'S SAY FOR SOME REASON, THAT MATTER HAD BEEN REFERRED TO THE COLLEGE OR UNIVERSITY TO INVESTIGATE. HOW DO THEY INVESTIGATE WILLIAM WE'RE TELLING THEM THEY CAN'T LOOK UP THIS INFORMATION OR REQUEST THIS INFORMATION. SO LISTEN, I'M ALL FOR PRIVACY, BUT LET'S NOT FORGET, THESE ARE YOUNG PEOPLE. OKAY? THESE ARE YOUNG PEOPLE AND OFTEN IN CAPES OF A PRIVATE -- CASES OF A PRIVATE UNIVERSITY OR STATE RUN UNIVERSITY THAT ARE SUBJECT TO THE RULES OF THAT YOOFRTZ, THESE ARE NOT IN THE SAME SITUATIONS AS ADULTS. I DON'T EXPECT MY ARGUMENT TO SWAY TOO MANY PEOPLE, BUT IF WE CAN GET A FEW RED LIGHTS ON IT, MAYBE SOMEONE ELSE WILL TAKE CARE OF IT, THANK YOU.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE
GENTLEMAN FROM AUGUSTA, MR. LANDES.

Del. Steve Landes (R-Weyers Cave): THANK YOU, MR. SPEAKER, SENATE BILL 438 PROHIBITS A PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION FROM REQUIRING A STUDENT TO DISCLOSE THE USER NAME OR PASS WORD TO ANY OF THE STUDENTS' PERSONAL OR SOCIAL MEDIA ACCOUNTS. I MOVE THE HOUSE PASS THE BILL.

[Unknown]: SENATE BILL 452 A BILL TO AMEND THE CODE OF VIRGINIA RELATING TO MEDICAL SCHOOL, CLINICAL ROTATIONS.

Del. Steve Landes (R-Weyers Cave): GENTLEMAN FROM AUGUSTA, MR. LANDES. MR. SPEAKER, AND LADIES AND GENTLEMEN OF THE HOUSE, SENATE BILL 452 REQUIRES ANY INSTITUTION OF HIGHER EDUCATION

Comments

ACLU-VA Privacy Rights, tracking this bill in Photosynthesis, notes:

The ACLU of VA strongly supports this bill. No student should be coerced into divulging private information to school officials. If the student is suspected of wrongdoing or violating school policies, then school officials should initiate a formal investigation and afford the student proper due process and equal protections rights subsequent to such an investigation

Mary Beth Tinker writes:

Thank you for standing up for students' privacy rights! Youth, and youth voices should be respected, and this is a great way to show respect. In fact, it's the democratic way!