BILL NUMBER: AB 1712 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2016
INTRODUCED BY Assembly Member Obernolte
JANUARY 26, 2016
An act to amend Section Sections 8227.5
and 8262.1 of the Education Code, relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1712, as amended, 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 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.
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.
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 as 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, 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. 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 8227.5 of the
Education Code is amended to read:
8227.5. (a) Alternative payment programs
and providers operating or providing services pursuant to this
article may 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
(b) (1) 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.
(2) Notwithstanding Section 1633.17 of the Civil Code, the
Superintendent may 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 this chapter.
(3) If, pursuant to paragraph (2), the Superintendent adopts
different requirements related to digital signatures or their
acceptable technology than the requirements cited in paragraph (1),
those different requirements shall apply in lieu of the requirements
cited in paragraph (1).
SECTION 1. SEC. 2. Section 8262.1 of
the Education Code is amended to read:
8262.1. Contractors operating or providing services pursuant to
this chapter may 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.
(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.
(3) This subdivision does not require a contractor to create
records electronically.
(b) (1) 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
(2) 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.
(3) If, pursuant to paragraph (2) of subdivision (b) of Section
8227.5, the Superintendent adopts different requirements related to
digital signatures or their acceptable technology than the
requirements cited in paragraph (2), those different requirements
shall apply in lieu of the requirements cited in paragraph (2).