AB 1712,
as amended, Obernolte. Child care:begin delete contractors:end delete 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.begin delete Theend deletebegin insert 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 contractors and alternative payment programs and providers to maintain any records electronically and authorizes alternative payment programs and providers to use a digital
signature, as provided. Existing law requires the use of a digital signature to have the same force and effect as the use of a manual signature if specified requirements are met. Existing law requires the above provisions relating to the electronic maintenance of records or digital signatures to be in compliance with state and federal standards, as determined by the department.end insert
This bill would authorize the Superintendent of Public Instruction to adopt rules and regulations related to digital signatures, including, but not limited to, defining or redefining what is an acceptable technology for the creation and use of a digital signature authorized by the act. The bill would require, if these rules and regulations are adopted by the Superintendent, that they apply to digital signatures used by an alternative payment program or provider in lieu of other specified requirements.
end insert
begin insertTheend insert act authorizes the Superintendentbegin delete of Public Instructionend delete 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,begin delete aend deletebegin insert asend insert 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.begin insert The bill would require, if rules and regulations relating to digital signatures are adopted by the Superintendent, that they apply to digital signatures used by contractors in lieu of other specified requirements.end insert 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:
begin insertSection 8227.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insertAlternative payment programs and providers
4operating or providing services pursuant to this article may use a
5digital signature that complies with state and federal standards, as
6determined by the department, that may be a marking that is either
7computer generated or produced by electronic means and is
8intended by the signatory to have the same effect as a handwritten
9signature.begin delete Theend delete
10begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertTheend insert use of a digital signature shall have the same force
11and effect as the use of a manual signature if the requirements for
12digital signatures and their acceptable technology, as provided in
13Section 16.5 of the Government Code and in Chapter 10
P3 1(commencing with Section 22000) of Division 7 of Title 2 of the
2California Code of Regulations, are satisfied.
3
(2) Notwithstanding Section 1633.17 of the Civil Code, the
4Superintendent may adopt rules and regulations related to digital
5signatures, including, but not limited to, defining or redefining
6what is an acceptable technology for the creation and use of a
7digital signature authorized by this chapter.
8
(3) If, pursuant to paragraph (2), the Superintendent adopts
9different requirements related to digital signatures or their
10acceptable technology than the requirements cited in paragraph
11(1), those different requirements shall apply in lieu of the
12requirements cited in paragraph (1).
Section 8262.1 of the Education Code is amended to
15read:
Contractors operating or providing services pursuant
17to this chapter may do both of the of the following:
18 (a) (1) Maintain records electronically, in compliance with state
19and federal standards, as determined by the department. Any
20conversion from a paper record to an electronic format, as well as
21the storage of the electronic record, shall comply with the minimum
22standards described in Section 12168.7 of the Government Code
23and the standards for trustworthy electronic document or record
24preservation described in Chapter 15 (commencing with Section
2522620.1) of Division 7 of Title 2 of the California Code of
26Regulations.
27(2) Pursuant to Section 33421, the records shall be retained by
28each contractor for at least five years, or, where an audit has been
29requested by a state agency, until the date the audit is resolved,
30whichever is longer.
31(3) This subdivision does not require a contractor to create
32records electronically.
33(b) begin insert(1)end insertbegin insert end insert Use a digital signature that complies with state and
34federal standards, as determined by the department, that may be a
35marking that is either computer generated or produced by electronic
36means and is intended by the signatory to have the same effect as
37a handwritten
signature.begin delete Theend delete
38begin insert(2)end insertbegin insert end insertbegin insertTheend insert use of a digital signature shall have the same force and
39effect as the use of a manual signature if the requirements for the
40digital signatures and their acceptable technology, as provided in
P4 1Section 16.5 of the Government Code and in Chapter 10
2(commencing with Section 22000) of Division 7 of Title 2 of the
3California Code of Regulations, are satisfied.
4
(3) If,
pursuant to paragraph (2) of subdivision (b) of Section
58227.5, the Superintendent adopts different requirements related
6to digital signatures or their acceptable technology than the
7requirements cited in paragraph (2), those different requirements
8shall apply in lieu of the requirements cited in paragraph (2).
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98