Amended in Assembly April 24, 2013

Amended in Assembly April 10, 2013

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 to add Sections 8221.5, 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.

begin delete

The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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 begin delete verified under penalty of perjury end delete begin insert signed end insert by the parent or guardian of the child receiving services and begin delete by end delete the child care provider once per month to attest that the child’s attendance is accurately reflected. The bill would require that the verification be made by signature begin delete or other ascertainable means. end delete begin insert and signed, as of the end of each month and under penalty of perjury, by both the parent or guardian and the child care provider. end insert By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. begin insert The bill would require alternative payment providers to accept the monthly attendance record or invoice as documentation of the certified need and hours of care provided. end insert

The bill would also authorize alternative payment programs and providers to maintain records electronically, including, but not limited to, child immunization records.

begin delete

Existing

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begin insert (2) end insert begin insert   end insert begin insert Existing end insert 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, begin delete 2015, end delete begin insert 2016, end insert at the request of a contractor, to request the Controller to make payments via direct deposit by electronic fund transfer, as specified.

begin delete

The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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 begin delete be verified,
under penalty of perjury, end delete begin insert be signed end insert by the parent or guardian of
the child receiving begin delete services, and by end delete begin insert services and end insert the child care
begin delete provider, end delete begin insert provider end insert once per month to attest that the child’s
attendance is accurately reflected. The verification shall be made
by signature begin delete or other ascertainable means. end delete begin insert and signed, as of the
end of each month of care and under penalty of perjury, by both
the parent or guardian and the child care provider. end insert

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

begin insert

(d) The alternative payment provider shall accept the monthly
attendance record or invoice as documentation of the certified
need and the hours of care provided.

end insert

SEC. 2.  

Section 8227.3 is added to the Education Code, to
read:

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, begin delete 2015, end delete begin insert 2016, end insert 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.