AB 1712, as introduced, Obernolte. Child care: contractors: digital signatures.
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 authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services. The act authorizes these contractors to maintain records electronically.
This bill would authorize the contractors to use a digital signature, a provided, and would require that the use of a digital signature have the same force and effect as a manual signature if specified requirements are met. The bill would require the use of a digital signature to be in compliance with state and federal standards, as determined by the department.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8262.1 of the Education Code is amended
2to read:
begin delete(a)end deletebegin delete end deleteContractors operating or providing services
4pursuant to this chapter maybegin delete maintainend deletebegin insert do both of the of the
5following:end insert
6begin insert (a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertMaintainend insert records electronically, in compliance with
7state and federal standards, as determined by the department. Any
8conversion from a paper record to an electronic format, as well as
9the storage of the electronic record, shall comply with the minimum
10standards described in Section 12168.7 of the Government Code
11and the standards for trustworthy electronic document or record
12preservation described in Chapter 15 (commencing with Section
1322620.1) of Division 7 of Title 2 of the California Code of
14Regulations.
15(b)
end delete
16begin insert(2)end insert Pursuant to Section 33421, the records shall be retained by
17each contractor for at least five years, or, where an audit
has been
18requested by a state agency, until the date the audit is resolved,
19whichever is longer.
20(c)
end delete
21begin insert(3)end insert Thisbegin delete sectionend deletebegin insert subdivisionend insert does not require a contractor to
22create records electronically.
23(b) Use a digital signature that complies with state and federal
24standards, as determined by the department, that may be a marking
25that is either
computer generated or produced by electronic means
26and is intended by the signatory to have the same effect as a
27handwritten signature. The use of a digital signature shall have
28the same force and effect as the use of a manual signature if the
29requirements for the digital signatures and their acceptable
30technology, as provided in Section 16.5 of the Government Code
31and in Chapter 10 (commencing with Section 22000) of Division
327 of Title 2 of the California Code of Regulations, are satisfied.
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