Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General HONORABLE SCOTT BAUGH, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Is Corporations Code section 318 , requiring the Secretary of State to maintain a registry of women and minorities to serve on corporate boards of directors, rendered unconstitutional by the recent adoption of section 31 of article I of the Constitution? CONCLUSION Corporations Code section 318 , requiring the Secretary of State to maintain a registry of women and minorities to serve on corporate boards of directors, is not rendered unconstitutional by the recent adoption of section 31 of article I of the Constitution. ANALYSIS Corporations Code section 318 1 requires the Secretary of State to maintain a registry of "distinguished women and minorities" who are available to serve on corporate boards of directors. Section 318 states: "(a) The Secretary of State shall develop and maintain a registry of distinguished women and minorities who are available to serve on corporate boards of directors. As used in this section, `minority' means an ethnic person of color including American Indians, Asians…