SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 422

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO EDUCATION; PROHIBITING PUBLIC AND PRIVATE INSTITUTIONS OF POST-SECONDARY EDUCATION FROM REQUESTING OR REQUIRING A STUDENT, APPLICANT OR POTENTIAL APPLICANT FOR ADMISSION TO PROVIDE A PASSWORD OR ACCESS TO THE SOCIAL NETWORKING ACCOUNT OF THE STUDENT OR APPLICANT FOR ADMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. REQUEST FOR ACCESS TO SOCIAL NETWORKING ACCOUNT PROHIBITED.--

          A. It is unlawful for a public or private institution of post-secondary education to request or require a student, applicant or potential applicant for admission to provide a password to gain access to the student's, applicant's or potential applicant's account or profile on a social networking web site or to demand access in any manner to a student's, applicant's or potential applicant's account or profile on a social networking web site.

          B. It is unlawful for public or private institutions of higher education to deny admission to an applicant or potential applicant for admission on the basis of the applicant's or potential applicant's refusal to provide an agent of a public or private institution of higher education access to the applicant's or potential applicant's account or profile on a social media networking site.

          C. It is unlawful for a private or public institution of higher education to take any disciplinary action against a student for the student's refual to grant access to an agent of the private or public institution of higher education to the student's account or profile on a social media networking site.

          D. Nothing in this section prohibits a public or private institution of post-secondary education from obtaining information about a student, applicant or potential applicant for admission that is in the public domain.

          E. As used in this section, "social networking web site" means an internet-based service that allows individuals to:

                (1) construct a public or semi-public profile within a bounded system created by the service;

                (2) create a list of other users with whom they share a connection within the system; and

                (3) view and navigate their list of connections and those made by others within the system.

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