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AB-1956 State civil service: Department of Technology.(2015-2016)

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AB1956:v98#DOCUMENT

Amended  IN  Assembly  March 17, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1956


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: NOYES   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.