HB0009 • 2017

Student ownership and privacy rights.

AN ACT relating to public education; prohibiting the conveyance or transfer of ownership rights of writings and other communications created by a student at the University of Wyoming or any community college in the state as specified; providing for an expectation of privacy in student writings and other communications as specified; specifying applicability; and providing for an effective date.

Education Privacy

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Education
Last action: 2017-02-21
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2017-02-21 LSO
Assigned Chapter Number
2017-02-21 Governor
Governor Signed HEA No. 0027
2017-02-15 Senate
S President Signed HEA No. 0027
2017-02-15 House
H Speaker Signed HEA No. 0027
2017-02-14 LSO
Assigned Number HEA No. 0027
2017-02-13 Senate
S 3rd Reading:Passed 16-13-1-0-0
2017-02-10 Senate
S 2nd Reading:Passed
2017-02-09 Senate
S COW:Passed
2017-02-06 Senate
S Placed on General File
2017-02-06 Senate
S04 - Education:Recommend Do Pass 4-1-0-0-0
2017-01-31 Senate
S Introduced and Referred to S04 - Education
2017-01-18 Senate
S Received for Introduction
2017-01-18 House
H 3rd Reading:Passed 58-0-2-0-0
2017-01-17 House
H 2nd Reading:Passed
2017-01-16 House
H COW:Passed
2017-01-16 House
H Placed on General File
2017-01-16 House
H04 - Education:Recommend Do Pass 9-0-0-0-0
2017-01-10 House
H Introduced and Referred to H04 - Education
2017-01-09 House
H Received for Introduction
2016-12-07 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0009
Effective
:
7/1/2017

LSO No.:
17LSO-0051

Enrolled Act No.:
HEA No. 0027

Chapter No.:
36

Prime Sponsor:
Joint Education Interim Committee

Catch Title:
Student ownership and privacy rights.

Subject:
Ownership and privacy rights of students at the University of Wyoming and
the community colleges in the s
tate.

Summary/Major Elements:

This act applies to students currently enrolled full time or part time at the University of Wyoming
or any
community college in the s
tate.

The act specifies that no ownership rights to any electronic writing or other electronic communication created by a student shall be conveyed, transferred or otherwise affected solely as a result of the writing or other communication being stored on an electronic device paid for in whole or in part by the University or
a
community college or transmitted or stored on the University's or
a
community college's network.

The act provides that students shall have an expectation of privacy in the electronic writings and other electronic communications created by the student regardless of whether the writing or other communication is stored on
an
electronic device paid for in whole or in part by the University or
a
community college or transmitted or stored on the University's or
a
community college's network.
This expectation of privacy does not apply to writings or other communications:
Publicly disclosed by the student in a manner
indicating no reasonable expectation of privacy
; or
Accessed for technological support and
maintenance
.

The act cannot be
construed to:
Impose or require the University or a community college to accept
, or prohibit from accepting,
liability
or responsibility
for collecting, maintaining, storing or
otherwise
recording writings and
other
communications
created by a student
; or
Require or prohibit the University
or a community college
from establishing
standards on the
retention and destruction
of
student writings
and other
communications.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
House
Bill No
.
HB0009

ENROLLED ACT NO. 27,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to public education; prohibiting the conveyance or transfer of ownership rights of writings and other communications created by a student at the University of Wyoming or any community college in the state as specified; providing for an expectation of privacy in student writings and other communications as specified; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
17
‑
124 and 21
‑
18
‑
318 are created to read:

21
‑
17
‑
124
.

Student
electronic writings and other electronic communications
; expectation of privacy
.

(a)

No ownership rights to any electronic writing or other electronic communication created by a student shall be conveyed, transferred or otherwise affected solely as a result of the writing or other communication being stored on an electronic device paid for in whole or in part by the university or transmitted or stored on the university's network
.

(b)

Students at the university shall have an expectation of privacy in the
electronic writings and other
electronic
communications created by the student
regardless of whether the writing or other communication is stored on an electronic device paid for in whole or in part by the university or
transmitted
or stored on the university's network.
The university shall not require a student to waive or limit the student's expectation of privacy
specified under this subsection.
This subsection shall not apply to
writings or other communications
:

(
i
)

Publicly disclosed, released or
conveyed
by the student
or
otherwise
made available for observation by the student in such a manner that a person would
not reasonably
expect
the writing or other communication would remain undisclosed to others
;

(
ii
)

Accessed by the university
in cases where there is a technological requirement
to
support and maint
ain t
he

university's
electronic device or network
.
W
ritings
or other
communications viewed
during the technological
support or maintenance of the electronic device or network shall
be limited to
only those writings or other communications required to address
the specific technical
issue
and shall not be
used or distributed to
any other
person or
entity unless otherwise
mandated
by federal or state law.

(c)

The property rights and expectation of privacy provided in subsections (a) and (b) of this section do not apply to a writing or other communication created by a student who is simultaneously employed by and enrolled at the university if the writing or other communication is created when the person is acting in an official capacity as an employee of the university. Nothing in this subsection shall be construed to diminish the property rights or expectation of privacy of persons acting in the capacity of an employee of the university.

(d)

Nothing in this section shall be construed to:

(
i
)

Impose, by operation of law, or require the university to accept or prohibit the university from accepting any liability or responsibility for collecting,
maintaining, storing or otherwise recording writings and other communications created by a student;

(ii)

Require the university to
establish
or prohibit the university from establishing standards on the retention and destruction of student writings and other communications.

(
e
)

For purposes of this section
,
"
s
tudent" means any person currently enrolled
full

time or part

time a
t the university
.

21
‑
18
‑
318
.

Student
electronic writings and other electronic communications
; expectation of privacy
.

(a)

No ownership rights to any electronic writing or other electronic communication created by a student shall be conveyed, transferred or otherwise affected solely as a result of the writing or other communication being stored on an electronic device paid for in whole or in part by a community college within the state or transmitted or stored on a community college's network.

(b)

Students at a community college in the state shall have an expectation of privacy in the electronic writings and other
electronic
communications created by the student regardless of whether the writing or other communication is stored on an electronic device paid for in whole or in part by the community college or transmitted or stored on the community college's network. A community college shall not require a student to waive or limit the student's expectation of privacy specified under this subsection. This subsection shall not apply to writings or other communications:

(
i
)

Publicly disclosed, released or conveyed by the student or otherwise made available for observation by the student in such a manner that a person would not reasonably expect the writing or other communication would remain undisclosed to others;

(
ii
)

Accessed by a community college in cases where there is a technological requirement to support and maintain the community college's electronic device or network. Writings or other communications viewed during the technological support or maintenance of the electronic device or network shall be limited to only those writings or other communications required to address the specific technical issue and shall not be used or distributed to any other person or entity unless otherwise
mandated
by federal or state law.

(c)

The property rights and expectation of privacy provided in subsections (a) and (b) of this section do not apply to a writing or other communication created by a student who is simultaneously employed by and enrolled at a community college if the writing or other communication is created when the person is acting in an official capacity as an employee of the community college. Nothing in this subsection shall be construed to diminish the property rights or expectation of privacy of persons acting in the capacity of an employee of a community college.

(d)

Nothing in this section shall be construed to:

(
i
)

Impose, by operation of law, or require a community college to accept or prohibit a community college from accepting any liability or responsibility for collecting, maintaining, storing or otherwise recording writings and other communications created by a student;

(ii)

Require a community college to
establish
or prohibit a community college from establishing standards on the retention and destruction of student writings and other communications.

(
e
)

For purposes of this section, "student" means any person currently enrolled full

time or part

time at a community college in the state.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1