BILL NUMBER: AB 1712 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
INTRODUCED BY Assembly Member Obernolte
JANUARY 26, 2016
An act to amend Sections 8227.5 and
Section 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 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, 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.
(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).
SEC. 2. SECTION 1. 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
A 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.
(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).