Amended in Assembly May 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2101


Introduced by Assembly Member Levine

February 20, 2014


An act to amendbegin delete Sectionend deletebegin insert Sections 8227.3 andend insert 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 amended, 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 contractorsbegin insert and alternative payment programs and providersend insert 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 otherbegin insert types ofend insert alternative storagebegin delete technologies, as providedend delete. The bill would authorize alternative payment programs and providers to use an electronic signature, as provided.begin insert The bill would require the above provisions relating to the electronic retention of records or electronic signatures to be in compliance with state and federal standards, as determined by the department.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8227.3 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

8227.3.  

(a) Alternative payment programs and providers
4operating or providing services pursuant to this article may
5maintain recordsbegin delete in electronic format only if the original documents
6were created in electronic formatend delete
begin insert electronically, in compliance
7with state and federal standards as determined by the departmentend insert
.
8Records that may be created in electronic format and maintained
9electronically include, but are not limited to, the following:

10(1) Child immunization records.

11(2) Parental job verification records.

12(3) Parent income verification.

13(4) Parent school or training verifications and attendance
14records.

begin insert

15(5) Attendance sheets.

end insert
begin insert

16(6) Family eligibility and need files.

end insert
begin insert

17(7) Notices of actions.

end insert
begin insert

18(8) Family fee records.

end insert
begin insert

19(9) Provider invoices.

end insert

20(b) Pursuant to Section 33421, thebegin delete originalend delete records shall be
21retained by each contractor for at least five years, or, where an
22audit has been requested by a state agency, until the date the audit
23is resolved, whichever is longer.

24(c) begin deleteNothing in this end deletebegin insertThisend insertbegin insert end insertsectionbegin delete requiresend deletebegin insert does not requireend insert an
25alternative payment program or provider to create records
26electronically.

P3    1

begin deleteSECTION 1.end delete
2begin insertSEC. 2.end insert  

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

3

8227.4.  

begin deleteNotwithstanding any other law, including Section
48227.3, alternative end delete
begin insertAlternativeend insertbegin insert end insertpayment programs and providers
5may retain a case record using either electronic or otherbegin insert types ofend insert
6 alterative storage begin delete technologies. Permissible alternative storage
7technologies shall include, but are not limited to, photography,
8microphotography, electronically recorded video images on
9magnetic surfaces, electronic data processing systems, optical disk
10storage, or any other electronic medium that is a trusted system
11and that does not permit additions, deletions, or changes to the
12original document and meets all necessary state and federal laws
13for recording of permanent or nonpermanent records. A duplicate
14copy of any record reproduced shall be deemed to be an originalend delete
begin insert,
15which complies with state and federal standards as determined by
16the departmentend insert
.

17

begin deleteSEC. 2.end delete
18begin insertSEC. 3.end insert  

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

19

8227.5.  

Alternative payment programs and providers operating
20or providing services pursuant to this article may use an electronic
21signaturebegin insert, which complies with state and federal standards as
22determined by the department,end insert
that may be a marking that is either
23computer generated or produced by electronic means and is
24intended by the signatory to have the same effect as a handwritten
25signature.begin delete An e-mail signature may constitute an electronic
26signature.end delete

27

begin deleteSEC. 3.end delete
28begin insertSEC. 4.end insert  

Section 8262.1 of the Education Code is amended to
29read:

30

8262.1.  

(a) Contractors operating or providing services
31pursuant to this chapter may maintain records electronicallybegin insert, in
32compliance with state and federal standards as determined by the
33departmentend insert
. Records that may be created in electronic format and
34maintained electronically include, but are not limited to, the
35following:

36(1) Child immunization records.

37(2) Parental job verification records.

38(3) Parent income verification.

39(4) Parent school or training verifications and attendance
40records.

P4    1(5) Attendance sheets.

2(6) Family eligibility and need files.

3(7) Notices of actions.

4(8) Family fee records.

5(9) Provider invoices.

6(b) Pursuant to Section 33421, the records shall be retained by
7each contractor for at least five years, or, where an audit has been
8requested by a state agency, until the date the audit is resolved,
9whichever is longer.

10(c) This section does not require a contractor to create records
11electronically.



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