BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 271


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          Date of Hearing:  March 24, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                     Chu, Chair


          AB  
                   271 (Obernolte) - As Introduced  February 10, 2015


          SUBJECT:  Child care:  alternative payment programs and  
          contractors:  electronic records


          SUMMARY:  Expands the authority granted under current law for  
          Alternative Payment Programs (APPs) and child care providers to  
          use electronic or other alternative methods for the storage of  
          records.


          Specifically, this bill: 


          1)Authorizes APPs and child care providers, notwithstanding any  
            other law, to retain child care case records electronically or  
            through an alternative means.



          2)Includes within the permissible alternative storage  
            technologies:  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.













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          3)Requires any alternative storage technologies used to not  
            permit additions, deletions, or changes to the original  
            document and to meet all necessary state and federal laws for  
            recording of permanent records or nonpermanent records.



          4)Requires a duplicate copy of any record reproduced to be  
            deemed an original.



          5)Authorizes APPs and providers to use an electronic signature,  
            which 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.  Provides  
            that an e-mail signature may constitute an electronic  
            signature. 



          6)Deletes the requirement that child care contractors only be  
            authorized to store records electronically if the original  
            documents were created in electronic format.  Additionally  
            expands the five-year requirement for the storage of original  
            records, as specified, to all records.
          EXISTING LAW:


          1)Establishes the California Child Care and Development Services  
            Act (CCDSA) to provide a comprehensive, community-based,  
            coordinated, and cost-effective system of child care and  
            development services for children from birth to age 13 with  
            the purpose of enhancing the social, emotional, physical, and  
            intellectual development of children.  (EDC 8200 and 8201)

          2)States the intent of the Legislature that all families have  
            access to child care and development services, regardless of  











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            their demographic background, in order to help them attain  
            financial stability through employment, while maximizing  
            growth and development of their children, and enhancing their  
            parenting skills through participation in child care and  
            development programs.  (EDC 8202)



          3)Defines child care and development services as care and  
            services designed to meet a wide variety of needs of children  
            and their families, while their parents or guardians are  
            working, in training, seeking employment, incapacitated, or in  
            need of respite.  (EDC 8208(i))

          4)Authorizes local government agencies or non-profit  
            organizations to contract with the California Department of  
            Education (CDE) to operate APPs and provide alternative  
            payments and support services to parents and child development  
            providers.  (EDC 8220)

          5)Establishes requirements and procedures APPs and child  
            development providers must follow as contracted agencies with  
            the CDE, including but not limited to tracking and reporting  
            of attendance, accounting and auditing requirements, and  
            reimbursement and payment procedures.  (EDC 8221.5)

          6)Requires any agency that contracts with CDE for the provision  
            of educational services to undergo a periodic audit regarding  
            the use of state and federal funds, as specified.  (EDC 33420)

          7)Requires agencies that receive state funds to, at the request  
            of the Superintendent of Public Instruction, make all records  
            pertaining to its state-funded programs available to the CDE,  
            as specified, and that all records be retained by each agency  
            for at least five years, as specified.  (EDC 33421)

          8)Permits APPs and child care providers to maintain records in  
            electronic format only if the original documents were created  
            in electronic format, as specified.  (EDC 8227.3)











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          9)Establishes the Uniform Electronic Transactions Act (UETA),  
            which permits, but does not require, a record or signature to  
            be created, generated, sent, communicated, received, stored,  
            or otherwise processed or used by electronic means or in  
            electronic form.  (CIV 1633.1 et seq.)

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          Alternative Payment Programs:  There are currently 76 APPs  
          contracted with the CDE, funded through state and federal funds,  
          to provide an array of support and payment services that enable  
          low-income, eligible families to access subsidized child care.   
          APPs do not provide direct child development services or  
          programs, rather they provide families who are participating in  
          welfare-to-work activities under the California Work  
          Opportunities and Responsibility to Kids (CalWORKs) program, or  
          who are low-income but do not qualify for CalWORKs, with  
          subsidized child care vouchers.  Those child care vouchers can  
          be used to access child care at either a Title 5 or Title 22  
          child development center or with a license-exempt child care  
          provider who meets certain criteria.  The voucher can only be  
          used at a Title 22 program that accepts them, whereas all  
          vouchers must be accepted at Title 5 programs.


          Typically, a family that receives a voucher from an APP will  
          then be referred to a local child care resource and referral  
          (R&R) network.  The R&R network, also funded through state and  
          federal dollars, will assist a family by helping to identify and  
          access the appropriate and desired child development program for  
          the child or children.  However, due to lack of state resources  
          and ongoing cuts to child care, access to programs able to  
          accept vouchers is limited.  Should the family be unable to find  
          appropriate care, they will be placed on a waiting list, if one  











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          is available.


          Electronic records:  SB 820 (Sher/Pavley), Chapter 428, Statutes  
          of 1999, enacted the Uniform Electronic Transactions Act (UETA),  
          which is described as the first comprehensive effort to prepare  
          state law for the electronic commerce era.  Through this  
          legislation, California aligned itself with a process developed  
          by the Conference of Commissioners on Uniform State Laws to  
          govern electronic transactions, which generally applies to all  
          records or signatures that are generated or transmitted  
          electronically, the formation of contracts using electronic  
          records, the creation and retention of electronic records and  
          signatures, and the procedures governing changes and errors in  
          electronically-transmitted records.  While the UETA does not  
          require records or signatures to be recorded or maintained  
          electronically, it does provide a process by which transactions  
          can occur electronically.  Writing in explanation of the UETA,  
          the Conference of Commissioners on Uniform State Laws states  
          "UETA applies only to transactions in which each party has  
          agreed by some means to conduct them by electronically.   
          Agreement is essential. Nobody is forced to conduct to  
          electronic transactions."<1>


          Fourteen years later, AB 274 (Bonilla) Chapter 733, Statutes of  
          2013, was adopted.  Although AB 274 was not directly associated  
          with the further implementation of the UETA, it was initially  
          introduced to, among other changes, specifically allow APPs to  
          maintain records electronically in accordance with state and  
          federal auditing standards.  It was later amended to limit the  
          electronic maintenance of records to only those that were  
          generated electronically.  In December 2013, the California  
          Department of Education issued management bulletin 13-10  
          implementing the requirements of AB 274, which included  
          ---------------------------


          <1> The National Conference of Commissioners on Uniform State  
          Laws; Electronic Transactions Summary.  
           http://www.uniformlaws.org/ActSummary.aspx?title=Electronic+Trans 
          actions+Act  








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          additional guidance on what types of documents could be  
          generated and transmitted electronically.  In this guidance, the  
          department explicitly states that "documents or records created  
          in paper form cannot be scanned and stored electronically.   
          These records must be stored in their original paper format." 


          Need for this bill:  According to the author, "California leads  
          the nation when it comes to innovation and technology.  However,  
          many of our state government operations have been left in the  
          past.  As a result, a number of state agencies are forced to  
          operate in a manner that is both outdated and inefficient.   
          [This bill] would update an outmoded procedure by giving child  
          care agencies the option of saving and storing all of their  
          paperwork electronically.  Providing child care programs with  
          this option would both modernize agency operations and maximize  
          the use of public dollars."

          Staff comments:  This measure seeks to further the AB 274  
          (Bonilla) effort by permitting all records to be maintained  
          electronically.  However, it is unclear whether the bill will  
          achieve the desired outcome while also ensuring that the  
          electronic records meet state auditing requirements.  In order  
          for an electronic record to be used and accepted, CDE, which is  
          the contracting agency, will have to agree to the use of  
          electronic documents and have the technology available to accept  
          such documents.  Although the bill allows for APPs and child  
          care providers to use electronic records, it does not mandate  
          the CDE to accept or use them for purposes of programmatic or  
          fiscal compliance. 


          It is also unclear whether APPs and child care providers have  
          the financial and technological resources to comply with  
          industry standards of what is considered an authentic or  
          otherwise accurate and reliable electronic document.  The  
          process of certifying that a particular agency's system of  
          developing and maintaining electronic records is trustworthy and  
          meets certain standards is costly, generally requiring a third  











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          party auditor or software firm to assess the system and provide  
          an adequate level of protections and quality assurances  
          necessary to meet state and federal auditing standards.  This  
          would occur in addition to annual auditing requirements for  
          agencies already in statute.


          While CDE supports efforts to transition to the collection and  
          use of electronic records, it lacks the capacity and resources  
          to adequately receive and verify electronically generated and  
          maintained records.  Similar to the requirements for local  
          agencies, CDE would likely have to put in place a system that  
          allows for the receipt and use of electronic records for quality  
          assurance and auditing purposes, and a process to verify the  
          authenticity of those records.  Without the appropriate checks  
          and balances in the system, child care funding could be  
          jeopardized.


          Recommended amendments:  If the author's intent is to, as was  
          stated, update an old system for the generation and storage of  
          child care records, the provisions of this bill should be  
          consistently applied across the local child care agency spectrum  
          and should fully comply with federal and state statute.   
          Committee staff recommends the bill be amended to do the  
          following: 


          1)Align language in Section 8227.3 of the Education Code  
            relating to APPs with Section 8262.1 related to contractors;

          2)Delete language that exempts the maintenance of electronic  
            records from having to comply with any other laws, including  
            the UETA;

          3)Ensure that the option to maintain records electronically is  
            in compliance with state and federal requirements, as  
            determined by CDE;












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          4)Ensure that the option to use an electronic signature is in  
            compliance with state and federal law, as determined by CDE;  
            and

          5)Delete language specific to electronic records storage  
            modalities that could conflict with state and federal law.

          PRIOR LEGISLATION:


          AB 2101 (Levine), 2014, was nearly identical to this bill, as  
          introduced.  It died on the Assembly Appropriations Committee  
          Suspense File.


          REGISTERED SUPPORT / OPPOSITION:


          Support


          California Alternative Payment Program Association (CAPPA),  
          sponsor
          CAPPA Children's Foundation 


          Child Care Links 


          Child Development Associates, Inc.


          Child Development Resources of Ventura County, Inc.


          Community Action Partnership of San Luis Obispo 


          Community Child Care Council (4C's) of Alameda County 











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          Community Resources for Children 


          Controltec, Inc.


          Davis Street Family Resource Center 


          Family Resource & Referral Center 


          Knowledge Universe 
          Mexican American Opportunity Foundation


          North Coast Opportunities, Inc.


          Santa Cruz County Parents Association 
          Sierra Nevada Children's Services 


          Supportive Services, Inc.


          Valley Oak Children's Services 




          Opposition


          None on file.













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          Analysis Prepared  
          by:              Myesha Jackson/HUM. S./(916) 319-2089