BILL NUMBER: AB 1712	CHAPTERED
	BILL TEXT

	CHAPTER  324
	FILED WITH SECRETARY OF STATE  SEPTEMBER 13, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2016
	PASSED THE SENATE  AUGUST 18, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  AUGUST 15, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016

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, 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, 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 the use of a
digital signature to be in compliance with state and federal
standards, as determined by the department.


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.  Contractors operating or providing services pursuant to
this chapter may do both of the following:
    (a) (1) Maintain records electronically, in compliance with state
and federal standards, as determined by the department. 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.