Amended in Assembly May 28, 2015

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 Sections 8227.3 and 8262.1 of, and to add 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 begin delete records. end delete begin insert records: digital signatures. end insert

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 use begin delete an electronic end delete begin insert a digital end insert signature, as begin delete provided. end delete begin insert provided, and would require that the use of a digital signature have the same force and effect as the use of a manual signature if specified requirements are met. end insert The bill would require the above provisions relating to the electronic maintenance of records or begin delete electronic end delete begin insert digital end insert signatures to be in compliance with state and federal standards, as determined by the department. begin insert The bill would additionally require any conversion from a paper record to an electronic format, as well as the storage of the electronic record, to comply with specified standards. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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 electronically, in compliance with state and
federal standards, as determined by the department. begin insert Any conversion
from a paper record to an electronic format, as well as the storage
of the electronic record, shall comply with the minimum standards
described in Section 12168.7 of the Government Code and the
standards for trustworthy electronic document or record
preservation described in Chapter 15 (commencing with Section
22620.1) of Division 7 of Title 2 of the California Code of
Regulations. 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 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 begin delete an electronic end delete
begin insert a digital end insert signature that complies with state and federal standards,
as determined by the department, that 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. begin delete An email signature may constitute an
electronic signature. end delete begin insert The use of a digital signature shall have the
same force and effect as the use of a manual signature if the
requirements for digital signatures and their acceptable
technology, as provided in Section 16.5 of the Government Code
and in Chapter 10 (commencing with Section 22000) of Division
7 of Title 2 of the California Code of Regulations, are satisfied. end insert

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, in
compliance with state and federal standards, as determined by the
department. begin insert Any conversion from a paper record to an electronic
format, as well as the storage of the electronic record, shall comply
with the minimum standards described in Section 12168.7 of the
Government Code and the standards for trustworthy electronic
document or record preservation described in Chapter 15
(commencing with Section 22620.1) of Division 7 of Title 2 of the
California Code of Regulations. 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.