California Legislature—2013–14 Regular Session

Assembly BillNo. 2101


Introduced by Assembly Member Levine

February 20, 2014


An act to amend Section 8262.1 of, and to add Sections 8227.4 and 8227.5 to, the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2101, as introduced, Levine. Child care: alternative payment programs and contractors: electronic records.

The Child Care and Development Services Act, administered by the State Department of Education, provides that children from infancy 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. Existing law authorizes alternative payment programs and providers and other contractors providing child care development services to maintain records in electronic format if the original documents were created in electronic format, including, but not limited to, child immunization records.

This bill would authorize contractors to maintain records electronically regardless of whether the original documents were created in electronic format and would expand the type of records that can be maintained electronically to include, among other things, attendance sheets. The bill would authorize alternative payment programs and providers to retain a case record using either electronic or other alternative storage technologies, as provided. The bill would authorize alternative payment programs and providers to use an electronic signature, as provided.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8227.4 is added to the Education Code,
2to read:

3

8227.4.  

Notwithstanding any other law, including Section
48227.3, alternative payment programs and providers may retain a
5case record using either electronic or other alterative storage
6technologies. Permissible alternative storage technologies shall
7include, but are not limited to, photography, microphotography,
8electronically recorded video images on magnetic surfaces,
9electronic data processing systems, optical disk storage, or any
10other electronic medium that is a trusted system and that does not
11permit additions, deletions, or changes to the original document
12and meets all necessary state and federal laws for recording of
13permanent or nonpermanent records. A duplicate copy of any
14record reproduced shall be deemed to be an original.

15

SEC. 2.  

Section 8227.5 is added to the Education Code, to
16read:

17

8227.5.  

Alternative payment programs and providers operating
18or providing services pursuant to this article may use an electronic
19signature that may be a marking that is either computer generated
20or produced by electronic means and is intended by the signatory
21to have the same effect as a handwritten signature. An e-mail
22signature may constitute an electronic signature.

23

SEC. 3.  

Section 8262.1 of the Education Code is amended to
24read:

25

8262.1.  

(a) Contractors operating or providing services
26pursuant to this chapter may maintain recordsbegin delete in electronic format
27only if the original documents were created in electronic formatend delete

28begin insert electronicallyend insert. Records that may be created in electronic format
29and maintained electronically include, but are not limited to, the
30following:

31(1) Child immunization records.

32(2) Parental job verification records.

33(3) Parent income verification.

P3    1(4) Parent school or training verifications and attendance
2records.

begin insert

3(5) Attendance sheets.

end insert
begin insert

4(6) Family eligibility and need files.

end insert
begin insert

5(7) Notices of actions.

end insert
begin insert

6(8) Family fee records.

end insert
begin insert

7(9) Provider invoices.

end insert

8(b) Pursuant to Section 33421, thebegin delete originalend delete records shall be
9retained by each contractor for at least five years, or, where an
10audit has been requested by a state agency, until the date the audit
11is resolved, whichever is longer.

12(c) begin deleteNothing in this end deletebegin insertThisend insertbegin insert end insertsectionbegin delete requiresend deletebegin insert does not requireend insert a
13contractor to create records electronically.



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