Amended in Senate August 15, 2016

Amended in Assembly May 27, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1712

Introduced by Assembly Member Obernolte

January 26, 2016

An act to amend begin delete Sections 8227.5 and end delete begin insert Section end insert 8262.1 of the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1712, as amended, Obernolte. Child care: begin insert contractors: end insert 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 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 delete

begin delete

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 delete

The act authorizes the Superintendent begin insert of Public Instruction end insert 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, 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. begin delete 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 delete 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 delete

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.

(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).

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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 begin delete of the end delete following:

(a) (1) Maintain records electronically, in compliance with state
and federal standards, as determined by the department. begin delete Any end delete begin insert A end insert
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.

(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.

begin delete

(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).

end delete