BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Irwin
FEBRUARY 16, 2016
An act to add Section 1502.7 to the Corporations Code, and to add
Section 1524.4 to the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1993, as amended, Irwin. Corporate law enforcement contacts.
(1) Existing
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,
require, 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.
service providers to provide, among other things, an
exclusive process for emergency disclosure requests. The bill
would require those corporations to file a statement with the
Secretary of State identifying the a
corporate law enforcement contact, as specified, and would
prohibit the public disclosure of that statement.
specified. 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 information describing how
to access each of the 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. warrant.
(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 1. Section 1502.7 is added to the Corporations Code, to
read:
1502.7. (a) Every corporation described in subdivision (a) of
Section 1524.4 of the Penal Code shall file, within 90 days after the
filing of its original articles and annually thereafter during the
applicable filing period, a statement identifying the corporate law
enforcement contact designated pursuant to Section 1524.4 of the
Penal Code.
(b) For the purposes of this section, the applicable filing period
for a corporation shall be the calendar month during which its
original articles were filed and the immediately preceding five
calendar months. The Secretary of State shall provide a notice to
each corporation to comply with this section approximately three
months prior to the close of the applicable filing period. The notice
shall state the due date for compliance and shall be sent to the
last address of the corporation according to the records of the
Secretary of State or to the last electronic mail address according
to the records of the Secretary of State if the corporation has
elected to receive notices from the Secretary of State by electronic
mail. The failure of the corporation to receive the notice is not an
excuse for failure to comply with this section.
(c) The Secretary of State may destroy or otherwise dispose of any
statement filed pursuant to this section after it has been
superseded by the filing of a new statement.
(d) On or before October 1, 2017, and annually thereafter, the
Secretary of State shall transmit to the Attorney General, in the
manner prescribed by the Attorney General, a copy of the current
statement made pursuant to this section for each corporation.
(e) If the corporate law enforcement contact is no longer employed
by the corporation, the corporation shall forthwith file a statement
identifying the new corporate law enforcement contact designated
pursuant to Section 1524.4 of the Penal Code.
(f) A statement filed pursuant to this section is confidential and
shall not be disclosed pursuant to any state law, including, but not
limited to, the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
SEC. 2. Section 1524.4 is added to the Penal Code, to read:
1524.4. (a) This section applies to a corporation operating in
California that is a service provider, as defined in subdivision (j)
of Section 1546, that generates customer data for 1,000,000 or more
people annually. This section does not apply to a service provider
that does not offer services to the general public.
(b) (1) A corporation described in subdivision (a) shall designate
a corporate law enforcement contact that meets the
qualifications is responsible for the requirements
established pursuant to paragraph (1) of subdivision (c).
Those requirements may be fulfilled by means of an Internet Web
portal, telecommunications, or any combination of those communication
methods. If the corporate law enforcement contact is no longer
employed by the corporation, the corporation shall forthwith
designate a new corporate law enforcement contact.
(2) When properly served with a search warrant issued by
the a California court, a corporation described
in subdivision (a) shall provide to the peace officer to whom the
search warrant was issued pursuant to subdivision (a) of Section
1528, all records sought pursuant to that warrant within
five business days of receipt, warrant,
including those records maintained or located outside this state.
(c) (1) The Attorney General shall, by By
July 1, 2017, establish minimum qualifications for a
corporate law enforcement contact, including, but not limited to, the
following: service providers shall, at a minimum,
provide the following through their law enforcement contact:
(A) The ability to shorten the deadline for compliance.
(A) An exclusive process for emergency disclosure requests.
(B) Exclusive access and service for law enforcement personnel.
(C) An ability to comply with a law enforcement request for
information regardless of the location of the data.
(D) A requirement that the contact have continual availability.
(D) Continual availability of the law enforcement contact.
(E) The authority to make decisions regarding warrants and the
disclosure of information and data.
(2) The Attorney General shall, annually, distribute a
list of information describing how to access each of
the corporate law enforcement contacts created from the
statements that he or she receives from the Secretary of State
pursuant to Section 1502.7 of the Corporations Code to local law
enforcement agencies.
SEC. 3. The Legislature finds and declares that
Section 1 of this act, which adds Section 1502.7 of the Corporations
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
Prohibiting the disclosure of statements filed by corporations
that designate a corporate law enforcement contact protects the
internal business processes of private businesses from unnecessary
intrusion and facilities communication between law enforcement and
private businesses regarding necessary information that protects
public health and safety.