Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1956


Introduced by Assembly Member Wilk

February 12, 2016


begin deleteAn act to amend Section 22948.6 of the Business and Professions Code, relating to network security. end deletebegin insertAn act to amend Section 18521.5 of, and to add Section 18803 to, the Government Code, relating to public employment.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1956, as amended, Wilk. begin deleteNetwork security. end deletebegin insertState civil service: Department of Technology.end insert

begin insert

The California Constitution provides that the civil service includes every officer and employee of the state, except as specified. The Constitution requires the State Personnel Board to enforce the civil service provisions and to prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions.

end insert
begin insert

Existing law, the State Civil Service Act, places various duties and authorizations on the Department of Human Resources with respect to the state civil service.

end insert
begin insert

This bill would authorize the Department of Technology, subject to the approval of the board, to create and adjust classes of positions with the department, and would further authorize the department to prescribe the salary ranges for, conduct competitive examinations for, and make appointments to, these classes of positions. The bill would transfer the duties and authorizations of the Department of Human Resources with respect to these classes of positions to the Department of Technology.

end insert
begin delete

Existing law requires a device that includes an integrated and enabled wireless access point, if the device is manufactured on or after October 1, 2007, for use in a small office, home office, or residential setting, and that is used in a federally unlicensed spectrum, to include a warning advising the consumer how to protect his or her wireless network connection or a warning sticker, or to provide other protection that, among other things, requires affirmative action by the consumer prior to use of the device.

end delete
begin delete

This bill would make nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18521.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

18521.5.  

begin delete“Department” end deletebegin insert(a)end insertbegin insertend insertbegin insertExcept as otherwise provided in
4this section, “department” end insert
means the Department of Human
5Resources.

begin insert

6(b) With respect to any classes of positions created or adjusted
7pursuant to Section 18803, “department” means the Department
8of Technology.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 18803 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
10read:end insert

begin insert
11

begin insert18803.end insert  

(a) Notwithstanding any other law, but subject to the
12approval of the board, the Department of Technology may create
13and adjust classes of positions under the Department of Technology
14and prescribe the salary ranges for these classes of positions.

15(b) Consistent with the merit principles of subdivision (b) of
16Section 1 of Article VII of the California Constitution, the
17Department of Technology may conduct competitive examinations
18and make appointments to classes of positions created or adjusted
19pursuant to subdivision (a).

20(c) Nothing in this section shall be construed as authorizing the
21Department of Technology to create or adjust positions for
22independent contractors.

end insert
begin delete
23

SECTION 1.  

Section 22948.6 of the Business and Professions
24Code
is amended to read:

25

22948.6.  

(a) A device that includes an integrated and enabled
26wireless access point, such as a premises-based wireless network
P3    1router or wireless access bridge, that is for use in a home office,
2small office, or residential setting and that is sold as new in this
3state for use in a home office, small office, or residential setting
4shall be manufactured to comply with one of the following:

5(1) Include in its software a security warning that comes up as
6part of the configuration process of the device. The warning shall
7advise the consumer how to protect his or her wireless network
8connection from unauthorized access. This requirement may be
9met by providing the consumer with instructions to protect his or
10her wireless network connection from unauthorized access, which
11may refer to a product manual, the manufacturer’s Internet Web
12site, or a consumer protection Internet Web site that contains
13accurate information advising the consumer on how to protect his
14or her wireless network connection from unauthorized access.

15(2) Have attached to the device a temporary warning sticker
16that must be removed by the consumer in order to allow its use.
17The warning shall advise the consumer how to protect his or her
18wireless network connection from unauthorized access. This
19requirement may be met by advising the consumer that his or her
20wireless network connection may be accessible by an unauthorized
21user and referring the consumer to a product manual, the
22manufacturer’s Internet Web site, or a consumer protection Internet
23Web site that contains accurate information advising the consumer
24on how to protect his or her wireless network connection from
25unauthorized access.

26(3) Provide other protection on the device that does all of the
27following:

28(A) Advises the consumer that his or her wireless network
29connection may be accessible by an unauthorized user.

30(B) Advises the consumer how to protect his or her wireless
31network connection from unauthorized access.

32(C) Requires an affirmative action by the consumer prior to
33allowing use of the product.

34Additional information may also be available in the product
35manual or on the manufacturer’s Internet Web site.

36(4) Provide other protection prior to allowing use of the device,
37that is enabled without an affirmative act by the consumer, to
38protect the consumer’s wireless network connection from
39unauthorized access.

P4    1(b) This section shall only apply to devices that include an
2integrated and enabled wireless access point and that are used in
3a federally unlicensed spectrum.

4(c) This section shall only apply to products that are
5manufactured on or after October 1, 2007.

end delete


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