BILL NUMBER: AB 274	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 11, 2013

   An act to add Sections 8221.5,  8228,  
8227.3,  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 record  or invoice  for
each child who received services that documents certified needs and
hours of care provided. The bill would require the monthly attendance
record  or invoice  to be signed  
verified  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   attest  that the child's
attendance is accurately reflected  in the monthly
attendance record   .   The bill  
would require that the verification be made by signature or other
ascertainable means  . By expanding the scope of the crime of
perjury, the bill would impose a state-mandated local program.
 The 
    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: yes.
State-mandated local program: 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  or invoice  for each
child who received services that documents certified needs and hours
of care provided.
   (b) The monthly attendance record  or invoice  shall be
 signed   verified  , 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
  attest  that the child's attendance is accurately
reflected  in the monthly attendance record.  
. The verification sh   all be made by signature or other
ascertainable means. 
   (c) The monthly attendance record may be maintained by the child
care provider in original format or electronically.
  SEC. 2.  Section  8228   8227.3  is added
to the Education Code, to read:
    8228.   8227.3.   (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.