State departments: investigations and hearings: administrative subpoenas.
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AB 522 — State departments: investigations and hearings: administrative subpoenas.
Last action — In committee: Held under submission.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law authorizes the head of a department in state government to make investigations and prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the department, violations of any law or rule or order of the department, and other matters as may be provided by law. Existing law requires the head of a department, in any hearing in any part of the state or in any investigation conducted pursuant to the law described above, to issue process and subpoenas in a manner consistent with the California Constitution and the United States Constitution. Existing law requires the process and subpoenas to be served in the same manner as provided for the service of a summons, as prescribed. Existing law, the Electronic Communications Privacy Act, prohibits a government entity from compelling the production of, or access to, electronic communication information from a service provider, subject to certain exceptions, including by authorizing a government entity to compel the production of, or access to, electronic communication information from a service provider pursuant to a subpoena if the information is not sought for the purpose of investigating or prosecuting a criminal offense and compelling the production of, or access to, the information via the subpoena is not otherwise prohibited by state or federal law. This bill would authorize a department to use an administrative subpoena to obtain electronic communication information from a service provider only if certain conditions are met, including that the department has served notice of the administrative subpoena on the customer, as prescribed, and a copy of the administrative subpoena is attached to the notice. This bill would require a service provider to make a copy of any electronic communication information within the scope of the subpoena and to retain it only until the information is disclosed pursuant to the subpoena, or the subpoena is quashed or modified. The bill would require a service provider to maintain, for a period of 5 years, a record of any disclosure pursuant to the bill. The bill would require a service provider to provide to a customer, upon request and the payment of the reasonable cost of reproduction and delivery, any part of the record maintained pursuant to the bill that relates to the customer.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/07/23 - Introduced Current pdf February 07, 2023
- AB522 View text html
Action History
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In committee: Held under submission.
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In committee: Referred to APPR suspense file.
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From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 4. Noes 0.) (July 11). Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on PUB S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on PUB S.
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Referred to Coms. on JUD. and PUB S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 2052.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
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Joint Rule 62(a), file notice suspended. (Page 1580.)
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 25). Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 21). Re-referred to Com. on PUB. S.
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Referred to Coms. on P. & C.P. and PUB. S.
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From printer. May be heard in committee March 10.
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Read first time. To print.
Sponsors
- Ash Kalra · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Kalra, Ash Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Portantino | — | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Skinner | — | Yea |
| Bradford | — | Yea |
| Wahab, Aisha | Democratic | Not Voting |
| Wiener, Scott D. | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Min | — | Yea |
| Wilk | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Niello, Roger W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 47 | 0 | 0 | 0 |
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 80 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Villapudua | — | Yea |
| Jones-Sawyer | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Maienschein | — | Yea |
| Ting | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Holden | — | Yea |
| Mathis | — | Yea |
| Rodriguez | — | Yea |
| McCarty | — | Yea |
| Essayli | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Valencia, Avelino | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Ta, Tri | Republican | Yea |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 9 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Mathis | — | Yea |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Rivas, Robert | Democratic | Not Voting |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Essayli | — | Yea |
| Vince Fong | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Patterson, Joe | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 522 do?
- Existing law authorizes the head of a department in state government to make investigations and prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the department, violations of any law or rule or order of the department, and other matters as may be provided by law. Existing law requires the head of a department, in any hearing in any part of the state or in any investigation conducted pursuant to the law described above, to issue process and subpoenas in a manner consistent with the California Constitution and the United States Constitution. Existing law requires the process and subpoenas to be served in the same manner as provided for the service of a summons, as prescribed. Existing law, the Electronic Communications Privacy Act, prohibits a government entity from compelling the production of, or access to, electronic communication information from a service provider, subject to certain exceptions, including by authorizing a government entity to compel the production of, or access to, electronic communication information from a service provider pursuant to a subpoena if the information is not sought for the purpose of investigating or prosecuting a criminal offense and compelling the production of, or access to, the information via the subpoena is not otherwise prohibited by state or federal law. This bill would authorize a department to use an administrative subpoena to obtain electronic communication information from a service provider only if certain conditions are met, including that the department has served notice of the administrative subpoena on the customer, as prescribed, and a copy of the administrative subpoena is attached to the notice. This bill would require a service provider to make a copy of any electronic communication information within the scope of the subpoena and to retain it only until the information is disclosed pursuant to the subpoena, or the subpoena is quashed or modified. The bill would require a service provider to maintain, for a period of 5 years, a record of any disclosure pursuant to the bill. The bill would require a service provider to provide to a customer, upon request and the payment of the reasonable cost of reproduction and delivery, any part of the record maintained pursuant to the bill that relates to the customer.
- Who sponsors AB 522?
- AB 522 is sponsored by Kalra, Ash (Democratic).
- What is the current status of AB 522?
- This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 522?
- Track AB 522 free on One Click Politics — get push/email alerts when it moves.
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