Amended in Assembly April 10, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 274


Introduced by Assembly Member Bonilla

February 11, 2013


An act to add Sections 8221.5,begin delete 8228,end deletebegin insert 8227.3,end insert 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.

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 require child care providers authorized to provide services pursuant to those provisions to submit to the alternative payment program a monthly attendance recordbegin insert or invoiceend insert for each child who received services that documents certified needs and hours of care provided. The bill would require the monthly attendance recordbegin insert or invoiceend insert to bebegin delete signedend deletebegin insert verifiedend insert under penalty of perjury by the parent or guardian of the child receiving services and by the child care provider once per month tobegin delete verifyend deletebegin insert attestend insert that the child’s attendance is accurately reflectedbegin delete in the monthly attendance recordend deletebegin insert. The bill would require that the verification be made by signature or other ascertainable meansend insert. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.begin delete Theend delete

begin insert Theend insert 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: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 8221.5 is added to the Education Code,
2to read:

3

8221.5.  

(a) Child care providers authorized to provide services
4pursuant to this article shall submit to the alternative payment
5program a monthly attendance recordbegin insert or invoiceend insert for each child
6who received services that documents certified needs and hours
7of care provided.

8(b) The monthly attendance recordbegin insert or invoiceend insert shall bebegin delete signedend delete
9begin insert verifiedend insert, under penalty of perjury, by the parent or guardian of the
10child receiving services, and by the child care provider, once per
11month tobegin delete verifyend deletebegin insert attestend insert that the child’s attendance is accurately
12reflectedbegin delete in the monthly attendance record.end deletebegin insert. The verification shall
13be made by signature or other ascertainable means.end insert

P3    1(c) The monthly attendance record may be maintained by the
2child care provider in original format or electronically.

3

SEC. 2.  

Section begin delete8228end deletebegin insert8227.3end insert is added to the Education Code,
4to read:

5

begin delete8228.end delete
6begin insert8227.3.end insert  

(a) Alternative payment programs and providers
7operating or providing services pursuant to this article may
8maintain records electronically, subject to compliance with
9necessary state and federal auditing requirements. Records that
10may be maintained electronically include, but are not limited to,
11the following:

12(1) Child immunization records.

13(2) Parental job verification records.

14(3) Parent income verification.

15(4) Parent school or training verifications and attendance
16records.

17(b) Nothing in this section requires an alternative payment
18program to maintain records electronically.

19

SEC. 3.  

Section 8262.3 is added to the Education Code, to
20read:

21

8262.3.  

On and after January 1, 2015, at the request of a
22contractor, for a contract executed by the department pursuant to
23Section 8262, the department shall request the Controller to make
24a payment via direct deposit by electronic fund transfer into the
25contractor’s account at the financial institution of the contractor’s
26choice.

27

SEC. 4.  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.



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