BILL NUMBER: AB 1712	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Obernolte

                        JANUARY 26, 2016

   An act to amend Section 8262.1 of the Education Code, relating to
child care.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  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   do both of the of the following: 
    (a)     (1)     Maintain
 records electronically, in compliance with state and federal
standards, as determined by the department. 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. 
   (b) 
    (2)  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) 
    (3)  This  section   subdivision
 does not require a contractor to create records electronically.

   (b) Use a digital 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. The use of a digital signature shall have the
same force and effect as the use of a manual signature if the
requirements for the 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.