BILL NUMBER: AB 274 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
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, 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
(1) 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 verified under penalty of perjury
signed by the parent or guardian of the child receiving
services and by 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
or other ascertainable means. 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. By expanding
the scope of the crime of perjury, the bill would impose a
state-mandated local program. 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.
The bill would also authorize alternative payment programs and
providers to maintain records electronically, including, but not
limited to, child immunization records.
Existing
(2) 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, 2016, at the request of a
contractor, to request the Controller to make payments via direct
deposit by electronic fund transfer, as specified.
The
(3) 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
verified, under penalty of perjury, be signed by
the parent or guardian of the child receiving services, and
by services and the child care
provider, provider once per month to attest that
the child's attendance is accurately reflected. The verification
shall be made by signature or other ascertainable means.
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.
(c) The monthly attendance record may be maintained by the child
care provider in original format or electronically.
(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.
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, 2015,
2016, 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.