BILL NUMBER: AB 274 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 11, 2013
An act to add Sections 8221.5, 8228, and 8262.3 to the
Education Code, relating to child care and development
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 274, as amended, Bonilla. Child care and development
services: alternative payment programs. services.
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.
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.
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.
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.
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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8221.5 is added to the
Education Code , to read:
8221.5. (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.
SEC. 2. Section 8228 is added to the
Education Code , to read:
8228. (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.
SEC. 3. Section 8262.3 is added to the
Education Code , to read:
8262.3. 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.
SEC. 4. 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.
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.