California Legislature—2015–16 Regular Session

Assembly BillNo. 271


Introduced by Assembly Member Obernolte

(Coauthor: Senator Morrell)

February 10, 2015


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 271, as introduced, Obernolte. 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 any records electronically regardless of whether the original documents were created in electronic format. 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
4begin delete 8262.1,end deletebegin insert 8227.3,end insert alternative payment programs and providers may
5retain a case record using either electronic or other alternative
6storage technologies. Permissible alternative storage technologies
7shall include, but not be 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 records or nonpermanent records. A
14duplicate copy of any record reproduced shall be deemed an
15original.

16

SEC. 2.  

Section 8227.5 is added to the Education Code, to
17read:

18

8227.5.  

Alternative payment programs and providers operating
19or providing services pursuant to this article may use an electronic
20signature that can be a marking that is either computer generated
21or produced by electronic means and is intended by the signatory
22to have the same effect as a handwritten signature. An e-mail
23signature may constitute an electronic signature.

24

SEC. 3.  

Section 8262.1 of the Education Code is amended to
25read:

26

8262.1.  

(a) Contractors operating or providing services
27pursuant to this chapter may maintain recordsbegin delete in electronic format
28only if the original documents were created in electronic format.
29Records that may be created in electronic format and maintained
30electronically include, but are not limited to, the following:end delete

31begin insert electronically.end insert

begin delete

32(1) Child immunization records.

end delete
begin delete

33(2) Parental job verification records.

end delete
begin delete

P3    1(3) Parent income verification.

end delete
begin delete

2(4) Parent school or training verifications and attendance
3records.

end delete

4(b) Pursuant to Section 33421, thebegin delete originalend delete records shall be
5retained by each contractor for at least five years, or, where an
6audit has been requested by a state agency, until the date the audit
7is resolved, whichever is longer.

8(c) begin deleteNothing in this end deletebegin insertThis end insertsectionbegin delete requiresend deletebegin insert does not requireend insert a
9contractor to create records electronically.



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