An Act To Protect Social Media Privacy in School and the Workplace
Maine Legislature, Session 126, LD 1194
Committee Amendment CA_A_H640 (House)

COMMITTEE AMENDMENT "A" to H.P. 838, L.D. 1194, Bill, "An Act To 
Protect Social Media Privacy in School and the Workplace" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing a Study of Social Media Privacy in School and in the Workplace' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Legislature finds that the fast pace of teclmological development 
places increasing pressure on individuals' privacy, especially with regard to social media, 
e-mail and similar applications; and 
Whereas, educational institutions often provide electronic devices and access to 
technology to students to ftniher the educational missions of the institutions; and 
Whereas, educational institutions' responsibilities include protecting the safety and 
well-being of students and educational personnel, including stopping and preventing 
bullying; and 
Whereas, employers often provide electronic devices and access to technology to 
their employees to further the employers' operations; and 
Whereas, state and federal laws, rules, regulations and guidance require employers 
to monitor their employees' activities that may affect or be related to the employers' 
responsibilities; and 
Whereas, the Legislature finds that an appropriate balance must be found between 
the needs of educational institutions and employers and the privacy interests of students 
and employees; and 
COMMITTEE AMENDMENT 
. 
COMMITTEE AMENDMENT 'A" to H.P. 838, L.D. 1194 
Whereas, it is necessary that this legislation take effect immediately in order to 
allow sufficient time for the Joint Standing Committee on Judiciary to conduct its work; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Study. Resolved: That the Joint Standing Committee on Judiciary of the 
126th Legislature, referred to in this resolve as "the committee," shall study the issues 
involved in social media and personal e-mail privacy with regard to education and 
employment. The committee shall study: 
1. 
Concerns of employees and applicants for employment about privacy rights 
associated with social media and personal e-mail accounts; 
2. Concerns of employers, both public and private, about social media and personal 
e-mail accounts of employees and applicants for employment with regard to workplace 
needs, protection of proprietary infonnation, proposed heightened requirements 
associated with specific types of employment and compliance with state and federal laws 
concerning workplace safety and regulation of business-related representations; 
3. Concerns of students and prospective students about privacy rights associated with 
social media and personal e-mail accounts; 
4. 
Concerns of educational institutions, including public and private schools and 
postsecondary institutions, about social media and personal ~-mail accounts of students 
and prospective students with regard to electronic communications devices provided by 
the institution, compliance with applicable laws and regulatory requirements, including 
policies and practices addressing bullying and harassment, and in loco parentis 
responsibilities; 
5. Laws and experiences in other states concerning social media and personal e-mail 
pnvacy; 
6. The application of federal law and regulations concerning social media and 
personal e-mail privacy; and 
7. 
How subpoena powers of governmental entities apply to social media and 
personal e-mail accounts; and be it further 
Sec. 2. Meetings. Resolved: That the committee may meet up to 4 times for the 
purposes of the study; and be it further 
Sec. 3. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the committee for the purposes of the study; and be it 
further 
Sec. 4. Report. Resolved: That, no later than November 5, 2014, the committee 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the First Regular Session of the 127th Legislature. The 
committee shall make recommendations concerning limitations on providing log-in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A " 
to H.P. 838, L.D. 1194 
information, requiring inclusion on contacts lists, changing privacy settings and otherwise 
accessing content of social media and personal e-mail accounts of employees, applicants 
for employment, students and prospective students, as well as appropriate remedies for 
violations of restrictions. 
Emergency clause. 
In view of the emergency cited III the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill with a resolve directing the Joint Standing 
Committee on Judiciary to study issues about social media and personal e-mail privacy in 
school and in the workplace. It requires the committee to meet up to 4 times and to 
submit a report by November 5, 2014 for presentation to the First Regular Session of the 
127th Legislature. This amendment also adds an emergency preamble and clause. 
FISCAL NOTE REQUIRED 
(See attached) 
. Page 3 - 126LR0020(02)-1 
COMMITTEE AMENDMENT 
Approved: 02107114 
~ac. 
LD 1194 
LR 20(02) 
An Act To Protect Social Media Privacy in School and the Workplace 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment~' (/-1- (p t./o ) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study by the Joint Standing Committee on Judiciary are projected to be $7,250 
in fiscal year 2014-15. The Legislature's proposed budget includes $10,000 in fiscal year 2014-15 for legislative 
studies. Whether the amounts are sufficient to fund all studies will depend on the number of studies authorized by the 
Legislative Council and the Legislature. The additional costs of providing staffing assistance to the study during the 
interim can be absorbed utilizing existing budgeted staff resources. 
LR0020(02) - Fiscal Note - Page 1 of 1