Bill Text: CA AB271 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child care: alternative payment programs and contractors: electronic records: digital signatures.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-10-04 - Chaptered by Secretary of State - Chapter 476, Statutes of 2015. [AB271 Detail]

Download: California-2015-AB271-Amended.html

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BILL NUMBER: AB 271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Obernolte
   (Coauthor: Senator Morrell)

                        FEBRUARY 10, 2015

   An act to amend Sections 8227.3 and 8262.1 of, and to add Section
8227.5 to, the Education Code, relating to child care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 271, as amended, Obernolte. Child care: alternative payment
programs and contractors: electronic  records.  
records: 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 alternative payment programs and providers and other
contractors providing child care development services to maintain
records in electronic format if the original documents were created
in electronic format, including, but not limited to, child
immunization records.
   This bill would authorize contractors and alternative payment
programs and providers to maintain any records electronically, as
provided, regardless of whether the original documents were created
in electronic format. The bill would authorize alternative payment
programs and providers to use  an electronic   a
digital  signature, as  provided.  
provided, and would require that the use of a digital signature have
th   e same force and effect as the use of a manual
signature if specified requirements are met.  The bill would
require the above provisions relating to the electronic maintenance
of records or  electronic   digital 
signatures to be in compliance with state and federal standards, as
determined by the department.  The bill would additionally
require any conversion from a paper record to an electronic format,
as well as the storage of the electronic record, to comply with
specified standards. 
   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 8227.3 of the Education Code is amended to
read:
   8227.3.  (a) Alternative payment programs and providers operating
or providing services pursuant to this article may 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. 
   (b) 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.
   (c) This section does not require an alternative payment program
or provider to create records electronically.
  SEC. 2.  Section 8227.5 is added to the Education Code, to read:
   8227.5.  Alternative payment programs and providers operating or
providing services pursuant to this article may use  an
electronic   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.  An email signature may
constitute an electronic signature.   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. 
  SEC. 3.  Section 8262.1 of the Education Code is amended to read:
   8262.1.  (a) Contractors operating or providing services pursuant
to this chapter may 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. 
   (b) 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.
   (c) This section does not require a contractor to create records
electronically.