BILL NUMBER: AB 271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Obernolte
   (Coauthor: Senator Morrell)

                        FEBRUARY 10, 2015

   An act to amend  Section   Sections 822 
 7.3 and  8262.1 of, and to add  Sections 8227.4
and   Section  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  and alternative payment
programs and providers  to maintain any records electronically
 , as provided,  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.  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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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 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. 
   SECTION 1.    Section 8227.3 of the  
Education Code   is amended to read: 
   8227.3.  (a) Alternative payment programs and providers operating
or providing services pursuant to this article 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, in
compliance with state and federal standards, as determined by the
department.  
   (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 section requires   This
section does not re   quire  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
 signature   signature that complies with state
and federal standards, as determined by the department,  that
 can   may  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   email  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  electronically
  electronically, in compliance with state and federal
standards, as determined by the department  .
   (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.