Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 271

Introduced by Assembly Member Obernolte

(Coauthor: Senator Morrell)

February 10, 2015

An act to amend begin delete Section end delete begin insert Sections 8227.3 and end insert 8262.1 of, and to add begin delete Sections 8227.4 and end delete begin insert Section end insert 8227.5 to, the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 271, as amended, 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 begin insert and alternative payment programs and providers end insert to maintain any records electronically begin insert , as provided, end insert regardless of whether the original documents were created in electronic format. begin delete The bill would authorize alternative payment programs and providers to retain a case record using either electronic or other alternative storage technologies, as provided. end 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 maintenance 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 delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin delete

SECTION 1.  

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

8227.4.  

Notwithstanding any other law, including Section
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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8227.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8227.3.  

(a) Alternative payment programs and providers
operating or providing services pursuant to this article may
maintain records begin delete 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: end delete begin insert electronically, in compliance with
state and federal standards, as determined by the department. end insert

begin delete

(1) Child immunization records.

end delete begin delete

(2) Parental job verification records.

end delete begin delete

(3) Parent income verification.

end delete begin delete

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

end delete

(b) Pursuant to Section 33421, the begin delete original end delete 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)  begin delete Nothing in this section requires end delete begin insert This section does not require end insert
an alternative payment program or provider to create records
electronically.

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
begin delete signature end delete begin insert signature that complies with state and federal standards,
as determined by the department, end insert that begin delete can end delete begin insert may end insert 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 begin delete e-mail end delete begin insert email end insert 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 begin delete electronically end delete
begin insert electronically, in compliance with state and federal standards, as
determined by the department end insert .

(b) Pursuant to Section 33421, the 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) This section does not require a contractor to create records
electronically.