AB 1993, as introduced, Irwin. Corporate law enforcement contacts.
(1) Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist. Existing law also establishes procedures for certain California corporations when served with a warrant issued by a court in another state.
This bill would require the Attorney General to, by July 1, 2017, establish minimum qualifications for a corporate law enforcement contact and would require specified corporations to designate a corporate law enforcement contact that meets those minimum qualifications. The bill would require those corporations to file a statement with the Secretary of State identifying the corporate law enforcement contact, as specified, and would prohibit the public disclosure of that statement. The bill would require the Secretary of State, on or before October 1, 2017, and annually thereafter, to transmit to the Attorney General, in the manner prescribed by the Attorney General, a copy of the current statement for each corporation, and would require the Attorney General to distribute to local law enforcement agencies a list of corporate law enforcement contacts created from the statements that he or she receives from the Secretary of State. The bill would require a corporation subject to these provisions to respond to a properly served warrant within 5 business days.
(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1502.7 is added to the Corporations Code,
2to read:
(a) Every corporation described in subdivision (a) of
4Section 1524.4 of the Penal Code shall file, within 90 days after
5the filing of its original articles and annually thereafter during the
6applicable filing period, a statement identifying the corporate law
7enforcement contact designated pursuant to Section 1524.4 of the
8Penal Code.
9(b) For the purposes of this section, the applicable filing period
10for a corporation shall be the calendar month during which its
11original articles were filed and the immediately preceding five
12calendar months. The Secretary of State shall provide a notice to
13each corporation to comply with this section approximately three
14months prior to the close of the applicable filing period. The notice
15shall state the due date
for compliance and shall be sent to the last
16address of the corporation according to the records of the Secretary
17of State or to the last electronic mail address according to the
18records of the Secretary of State if the corporation has elected to
19receive notices from the Secretary of State by electronic mail. The
20failure of the corporation to receive the notice is not an excuse for
21failure to comply with this section.
22(c) The Secretary of State may destroy or otherwise dispose of
23any statement filed pursuant to this section after it has been
24superseded by the filing of a new statement.
25(d) On or before October 1, 2017, and annually thereafter, the
26Secretary of State shall transmit to the Attorney General, in the
P3 1manner prescribed by the Attorney General, a copy of the current
2statement made pursuant to this section for each corporation.
3(e) If the corporate law enforcement contact is no longer
4employed by the corporation, the corporation shall forthwith file
5a statement identifying the new corporate law enforcement contact
6designated pursuant to Section 1524.4 of the Penal Code.
7(f) A statement filed pursuant to this section is confidential and
8shall not be disclosed pursuant to any state law, including, but not
9limited to, the California Public Records Act (Chapter 3.5
10(commencing with Section 6250) of Division 7 of Title 1).
Section 1524.4 is added to the Penal Code, to read:
(a) This section applies to a corporation that generates
13customer data for 1,000,000 or more people annually from any of
14the following:
15(1) Data searches.
16(2) Geolocation data.
17(3) Social media, as defined in Section 980 of the Labor Code.
18(b) (1) A corporation described in subdivision (a) shall designate
19a corporate law enforcement contact that meets the qualifications
20established pursuant to paragraph (1) of subdivision (c). If the
21corporate law enforcement contact is no longer employed by the
22corporation, the corporation shall
forthwith designate a new
23corporate law enforcement contact.
24(2) When properly served with a search warrant issued by the
25California court, a corporation described in subdivision (a) shall
26provide to the peace officer to whom the search warrant was issued
27pursuant to subdivision (a) of Section 1528, all records sought
28pursuant to that warrant within five business days of receipt,
29including those records maintained or located outside this state.
30(c) (1) The Attorney General shall, by July 1, 2017, establish
31minimum qualifications for a corporate law enforcement contact,
32including, but not limited to, a requirement that the contact have
33continual availability and authority to make decisions regarding
34warrants and the disclosure of information and data.
35(2) The Attorney General shall, annually,
distribute a list of
36corporate law enforcement contacts created from the statements
37that he or she receives from the Secretary of State pursuant to
38Section 1502.7 of the Corporations Code to local law enforcement
39agencies.
The Legislature finds and declares that Section 1 of
2this act, which adds Section 1502.7 of the Corporations Code,
3imposes a limitation on the public’s right of access to the meetings
4of public bodies or the writings of public officials and agencies
5within the meaning of Section 3 of Article I of the California
6Constitution. Pursuant to that constitutional provision, the
7Legislature makes the following findings to demonstrate the interest
8protected by this limitation and the need for protecting that interest:
9Prohibiting the disclosure of statements filed by corporations
10that designate a corporate law enforcement contact protects the
11internal business processes of private businesses from unnecessary
12intrusion and facilities communication between
law enforcement
13and private businesses regarding necessary information that
14protects public health and safety.
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