The proposed bill, SB1216, establishes a state preemption that prohibits monitoring the personal online use or speech of state employees, provided they are not acting in their professional capacity and are not using state-issued devices or accounts. The bill outlines specific criteria that must be met for this protection to apply, including that the employee does not use any state resources for personal activities.

However, the bill allows for monitoring under certain circumstances, such as when there is reasonable suspicion of improper conduct, illegal activity, or if the employee is the subject of a complaint. It emphasizes that monitoring is a statewide concern and cannot be further regulated by local governments. This contrasts with current law, which does not explicitly define these protections or the conditions under which monitoring may occur.

Statutes affected:
Introduced Version: 38-852.01
Senate Engrossed Version: 38-451
House Engrossed Version: 38-451