The bill SB1216 aims to establish a state preemption on monitoring the personal online use or speech of state employees, with specific exceptions. Under the new bill, state entities, including cities, towns, counties, and political subdivisions, are prohibited from monitoring the personal online activities or speech of an employee unless the employee is acting in their professional capacity, using state-issued devices or accounts, or representing the state in any way through social media or web-based accounts.

However, the bill allows for exceptions where monitoring is permitted, such as when there is a reasonable suspicion of the employee using personal accounts or devices for state business, sharing confidential information, making statements attributed to their official role, or engaging in illegal activity. Monitoring is also allowed if the employee is subject to a complaint requiring investigation, or to investigate, prevent, or respond to threats to the state or its workforce. The bill emphasizes that monitoring of personal online use or speech by government employees is a matter of statewide concern and is not subject to further regulation by local subdivisions.

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