Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 274

Introduced by Assembly Member Bonilla

February 11, 2013

An act begin insert to add Sections 8221.5, 8228, and 8262.3 to the Education Code, end insert relating to child care and development services.

LEGISLATIVE COUNSEL’S DIGEST

AB 274, as amended, Bonilla. Child care and development begin delete services: alternative payment programs. end delete begin insert services. end insert

The Child Care and Development Services Act, administered by the State Department of Education, provides that children up to 13 years of age are eligible, with certain requirements, for child care and development services. The act requires the department to contract with local contracting agencies to provide for alternative payment programs, and authorizes alternative payment programs for services provided in licensed centers and family day care homes and for other types of programs that conform to applicable law.

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This bill would express the intent of the Legislature to enact legislation that would simplify the documentation that child care providers are required to submit to alternative payment programs, authorize alternative payment programs to use technology that would maximize service to clients and increase efficiency, and request the Controller to pay child care contractors via direct deposit with electronic funds transfers.

end delete begin insert

This bill would require child care providers authorized to provide services pursuant to those provisions to submit to the alternative payment program a monthly attendance record for each child who received services that documents certified needs and hours of care provided. The bill would require the monthly attendance record to be signed under penalty of perjury by the parent or guardian of the child receiving services and by the child care provider once per month to verify that the child’s attendance is accurately reflected in the monthly attendance record. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would also authorize alternative payment programs and providers to maintain records electronically, including, but not limited to, child immunization records.

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Existing law authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services related to the delivery of child care and development services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of child care development services.

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This bill would require the department, on and after January 1, 2015, at the request of a contractor, to request the Controller to make payments via direct deposit by electronic fund transfer, as specified.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 8221.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 8221.5. end insert   

(a) Child care providers authorized to provide services
pursuant to this article shall submit to the alternative payment
program a monthly attendance record for each child who received
services that documents certified needs and hours of care provided.

(b) The monthly attendance record shall be signed, under
penalty of perjury, by the parent or guardian of the child receiving
services, and by the child care provider, once per month to verify
that the child’s attendance is accurately reflected in the monthly
attendance record.

(c) The monthly attendance record may be maintained by the
child care provider in original format or electronically.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8228 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

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begin insert 8228. end insert   

(a) Alternative payment programs and providers
operating or providing services pursuant to this article may
maintain records electronically, subject to compliance with
necessary state and federal auditing requirements. Records that
may be maintained electronically include, but are not limited to,
the following:

(1) Child immunization records.

(2) Parental job verification records.

(3) Parent income verification.

(4) Parent school or training verifications and attendance
records.

(b) Nothing in this section requires an alternative payment
program to maintain records electronically.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 8262.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

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begin insert 8262.3. end insert   

On and after January 1, 2015, at the request of a
contractor, for a contract executed by the department pursuant to
Section 8262, the department shall request the Controller to make
a payment via direct deposit by electronic fund transfer into the
contractor’s account at the financial institution of the contractor’s
choice.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would do all of the following:

(a) Simplify the documentation that child care providers are
required to submit to alternative payment programs, such as billing
sheets, attendance records, invoices, or other documentation of
certified need and hours of care provided.

(b) Authorize alternative payment programs to use technology
that would maximize service to clients and increase efficiency,
including, but not limited to, the following:

(1) Electronic signatures.

(2) Paperless storage of documents.

(3) Direct payments to providers.

(4) Electronic communication to providers and parents.

(c) Request the Controller to pay child care contractors via direct
deposit with electronic funds transfers.

end delete