BILL NUMBER: AB 1956 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Wilk
FEBRUARY 12, 2016
An act to amend Section 22948.6 of the Business and
Professions Code, relating to network security. An act
to amend Section 18521.5 of, and to add Section 18803 to, the
Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1956, as amended, Wilk. Network security.
State civil service: Department of Technology.
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.
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.
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.
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.
This bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18521.5 of the
Government Code is amended to read:
18521.5. "Department" (a)
Except as otherwise provided in this section, "department"
means the Department of Human Resources.
(b) With respect to any classes of positions created or adjusted
pursuant to Section 18803, "department" means the Department of
Technology.
SEC. 2. Section 18803 is added to the
Government Code , to read:
18803. (a) Notwithstanding any other law, but subject to the
approval of the board, the Department of Technology may create and
adjust classes of positions under the Department of Technology and
prescribe the salary ranges for these classes of positions.
(b) Consistent with the merit principles of subdivision (b) of
Section 1 of Article VII of the California Constitution, the
Department of Technology may conduct competitive examinations and
make appointments to classes of positions created or adjusted
pursuant to subdivision (a).
(c) Nothing in this section shall be construed as authorizing the
Department of Technology to create or adjust positions for
independent contractors.
SECTION 1. Section 22948.6 of the Business and
Professions Code is amended to read:
22948.6. (a) A device that includes an integrated and enabled
wireless access point, such as a premises-based wireless network
router or wireless access bridge, that is for use in a home office,
small office, or residential setting and that is sold as new in this
state for use in a home office, small office, or residential setting
shall be manufactured to comply with one of the following:
(1) Include in its software a security warning that comes up as
part of the configuration process of the device. The warning shall
advise the consumer how to protect his or her wireless network
connection from unauthorized access. This requirement may be met by
providing the consumer with instructions to protect his or her
wireless network connection from unauthorized access, which may refer
to a product manual, the manufacturer's Internet Web site, or a
consumer protection Internet Web site that contains accurate
information advising the consumer on how to protect his or her
wireless network connection from unauthorized access.
(2) Have attached to the device a temporary warning sticker that
must be removed by the consumer in order to allow its use. The
warning shall advise the consumer how to protect his or her wireless
network connection from unauthorized access. This requirement may be
met by advising the consumer that his or her wireless network
connection may be accessible by an unauthorized user and referring
the consumer to a product manual, the manufacturer's Internet Web
site, or a consumer protection Internet Web site that contains
accurate information advising the consumer on how to protect his or
her wireless network connection from unauthorized access.
(3) Provide other protection on the device that does all of the
following:
(A) Advises the consumer that his or her wireless network
connection may be accessible by an unauthorized user.
(B) Advises the consumer how to protect his or her wireless
network connection from unauthorized access.
(C) Requires an affirmative action by the consumer prior to
allowing use of the product.
Additional information may also be available in the product manual
or on the manufacturer's Internet Web site.
(4) Provide other protection prior to allowing use of the device,
that is enabled without an affirmative act by the consumer, to
protect the consumer's wireless network connection from unauthorized
access.
(b) This section shall only apply to devices that include an
integrated and enabled wireless access point and that are used in a
federally unlicensed spectrum.
(c) This section shall only apply to products that are
manufactured on or after October 1, 2007.