BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
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.
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 if 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 the Secretary of State
Attorney General identifying a corporate law enforcement
contact or contacts, as 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 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. receives.
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 or contacts 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 a corporate law enforcement contact is no longer employed
by the corporation, the corporation shall forthwith file a statement
identifying any new corporate law enforcement contact designated
pursuant to Section 1524.4 of the Penal Code.
SEC. 2. SECTION 1. 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 is, or contacts that are, 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 a corporate law enforcement contact is no longer employed
by the corporation, the corporation shall forthwith designate any
new corporate law enforcement contact or contacts.
(2) Every corporation described in subdivision (a) shall, at least
annually, file a statement with the Attorney General identifying the
corporate law enforcement contact or contacts designated pursuant to
paragraph (1). If a corporation designates any new corporate law
enforcement contact or contacts pursuant to paragraph (1), the
corporation shall forthwith file a statement with the Attorney
General identifying the new corporate law enforcement contact or
contacts.
(c) (1) By July 1, 2017, service providers shall, at a minimum,
provide the following through their law enforcement contact or
contacts:
(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) Continual availability of the law enforcement contact or
contacts.
(E) The authority to make decisions regarding warrants and the
disclosure of information and data.
(2) The Attorney General shall, annually, distribute 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 pursuant to paragraph (2) of
subdivision (b) to local law enforcement agencies.