AB 1993, as amended, Irwin. Corporate law enforcement contacts.
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 warrantbegin delete whereend deletebegin insert ifend insert 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, by July 1, 2017, 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 thebegin delete Secretary of Stateend deletebegin insert
Attorney Generalend insert identifying a corporate law enforcement contact or contacts, as specified. The bill wouldbegin delete 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 wouldend delete require the Attorney General to distribute to local law enforcement agencies information describing how to access each of the corporate law enforcement contacts created from the statements that he or shebegin delete receives from the Secretary of State.end deletebegin insert receives.end insert
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 or contacts designated pursuant to Section
81524.4 of the Penal 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
27manner prescribed by the Attorney General, a copy of the current
28statement made pursuant to this section for each corporation.
29(e) If a corporate law enforcement contact is no longer employed
30by the corporation, the corporation shall forthwith file a statement
P3 1identifying any new corporate law enforcement contact designated
2pursuant to Section 1524.4 of the Penal Code.
Section 1524.4 is added to the Penal Code, to
5read:
(a) This section applies to a corporation operating in
7California that is a service provider, as defined in subdivision (j)
8of Section 1546, that generates customer data for 1,000,000 or
9more people annually. This section does not apply to a service
10provider that does not offer services to the general public.
11(b) begin insert(1)end insertbegin insert end insert A corporation described in subdivision (a) shall
12designate a corporate law enforcement contact that is, or contacts
13that are, responsible for the
requirements established pursuant to
14paragraph (1) of subdivision (c). Those requirements may be
15fulfilled by means of an Internet Web portal, telecommunications,
16or any combination of those communication methods. If a corporate
17law enforcement contact is no longer employed by the corporation,
18the corporation shall forthwith designate any new corporate law
19enforcement contact or contacts.
20
(2) Every corporation described in subdivision (a) shall, at least
21annually, file a statement with the Attorney General identifying
22the corporate law enforcement contact or contacts designated
23pursuant to paragraph (1). If a corporation designates any new
24corporate law enforcement contact or contacts pursuant to
25paragraph (1), the corporation shall forthwith file a statement
26with the Attorney General identifying the new corporate
law
27enforcement contact or contacts.
28(c) (1) By July 1, 2017, service providers shall, at a minimum,
29provide the following through their law enforcement contact or
30contacts:
31(A) An exclusive process for emergency disclosure requests.
32(B) Exclusive access and service for law enforcement personnel.
33(C) An ability to comply with a law enforcement request for
34information regardless of the location of the data.
35(D) Continual availability of the law enforcement contact or
36contacts.
37(E) The authority to make
decisions regarding warrants and the
38disclosure of information and data.
39(2) The Attorney General shall, annually, distribute information
40describing how to access each of the corporate law enforcement
P4 1contacts created from the statements that he or she receivesbegin delete from begin insert pursuant to paragraph (2) of subdivision (b)end insert
2the Secretary of State pursuant to Section 1502.7 of the
3Corporations Codeend delete
4 to local law enforcement agencies.
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