Monique Limón
- Democratic
- Senator
- District 19
Author
Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, is guilty of a public offense. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been unlawfully used by another, as described, to initiate a law enforcement investigation, as specified. Existing law authorizes a person who has learned or reasonably suspects that their personal identifying information has been used unlawfully in a business entity filing, as defined, and has initiated a law enforcement investigation, as prescribed, to petition the superior court for an order directing the alleged perpetrator, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court, as specified. Existing law requires the court, after determining if the petition is meritorious, to order certain information in the business entity filing be redacted or removed from publicly accessible electronic indexes and databases, and file that order with the Secretary of State. This bill would, if an order has been filed with the Secretary of State as described above within the record of a limited liability company or a corporation, authorize the Secretary of State to cancel that business entity, as provided. This bill would also authorize a person who has learned that their personal identifying information has been used unlawfully in a business entity filing to file with the Secretary of State a disclaimer of proper authority, as prescribed, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. The bill would prescribe a fee of $30 to file a disclaimer of proper authority to cover the reasonable costs to the Secretary of State of processing that form. The bill would require the disclaimer of proper authority to be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 783, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 75. Noes 0. Page 6320.) Ordered to the Senate.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 2). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 18). Re-referred to Com. on JUD.
Read third time. Passed. (Ayes 37. Noes 0. Page 3873.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
Set for hearing May 6.
Withdrawn from committee.
From committee: Do pass and re-refer to Com. on B. & F.I. with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3531.) (April 9). Re-referred to Com. on B. & F.I.
Set for hearing April 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after March 16.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1168 | HTML |
| 02/14/24 - Introduced | |
| 03/21/24 - Amended Senate | |
| 08/16/24 - Enrolled | |
| 09/27/24 - Chaptered |
| Document | Format |
|---|---|
| 04/05/24- Senate Judiciary | |
| 05/07/24- Sen. Floor Analyses | |
| 06/15/24- Assembly Privacy and Consumer Protection | |
| 06/28/24- Assembly Judiciary | |
| 08/05/24- Assembly Appropriations |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.