BILL NUMBER: AB 271	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 8227.4 is added to the Education Code, to read:

   8227.4.  Notwithstanding any other law, including Section 
8262.1,   8227.3,  alternative payment programs
and providers may retain a case record using either electronic or
other alternative storage technologies. Permissible alternative
storage technologies shall include, but not be limited to,
photography, microphotography, electronically recorded video images
on magnetic surfaces, electronic data processing systems, optical
disk storage, or any other electronic medium that is a trusted system
and that does not permit additions, deletions, or changes to the
original document and meets all necessary state and federal laws for
recording of permanent records or nonpermanent records. A duplicate
copy of any record reproduced shall be deemed an original.
  SEC. 2.  Section 8227.5 is added to the Education Code, to read:
   8227.5.  Alternative payment programs and providers operating or
providing services pursuant to this article may use an electronic
signature that can be a marking that is either computer generated or
produced by electronic means and is intended by the signatory to have
the same effect as a handwritten signature. An e-mail signature may
constitute an electronic signature.
  SEC. 3.  Section 8262.1 of the Education Code is amended to read:
   8262.1.  (a) Contractors operating or providing services pursuant
to this chapter may maintain records  in electronic format
only if the original documents were created in electronic format.
Records that may be created in electronic format and maintained
electronically include, but are not limited to, the following:
  electronically.  
   (1) Child immunization records.  
   (2) Parental job verification records.  
   (3) Parent income verification.  
   (4) Parent school or training verifications and attendance
records. 
   (b) Pursuant to Section 33421, the  original 
records shall be retained by each contractor for at least five years,
or, where an audit has been requested by a state agency, until the
date the audit is resolved, whichever is longer.
   (c)  Nothing in this   This  section
 requires  does not require  a contractor
to create records electronically.