Bill Text: CA AB2101 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2101 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2101 Detail]

Download: California-2013-AB2101-Amended.html

BILL NUMBER: AB 2101	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 20, 2014

   An act to amend  Section   Sections 8227.3
and  8262.1 of, and to add Sections 8227.4 and 8227.5 to, the
Education Code, relating to child care.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2101, as amended, Levine. Child care: alternative payment
programs and contractors: electronic records.
   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 records electronically
regardless of whether the original documents were created in
electronic format and would expand the type of records that can be
maintained electronically to include, among other things, attendance
sheets. The bill would authorize alternative payment programs and
providers to retain a case record using either electronic or other
 types of  alternative storage  technologies, as
provided  . The bill would authorize alternative payment
programs and providers to use an electronic signature, as provided.
 The bill would require the above provisions   relating
to the electronic retention of records or electronic signatures to be
in compliance with state and f  ederal standards, as
determined by the department. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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
 in electronic format only if the original documents were
created in electronic format   electronically, in
compliance with state and federal standards as determined by the
department  . Records that may be created in electronic format
and maintained electronically include, but are not limited to, the
following:
   (1) Child immunization records.
   (2) Parental job verification records.
   (3) Parent income verification.
   (4) Parent school or training verifications and attendance
records. 
   (5) Attendance sheets.  
   (6) Family eligibility and need files.  
   (7) Notices of actions.  
   (8) Family fee records.  
   (9) Provider invoices. 
   (b) Pursuant to Section 33421, the  original 
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)  Nothing in this   This   
section  requires   does not require  an
alternative payment program or provider to create records
electronically.
   SECTION 1.   SEC. 2.   Section 8227.4 is
added to the Education Code, to read:
   8227.4.   Notwithstanding any other law, including Section
8227.3, alternative   Alternative   
payment programs and providers may retain a case record using either
electronic or other  types of  alterative storage 
technologies. Permissible alternative storage technologies shall
include, but are not limited to, photography, microphotography,
electronically recorded video images on magnetic surfaces, electronic
data processing systems, optical disk storage, or any other
electronic medium that is a trusted system and that does not permit
additions, deletions, or changes to the original document and meets
all necessary state and federal laws for recording of permanent or
nonpermanent records. A duplicate copy of any record reproduced shall
be deemed to be an original   , which complies with
state and federal standards as determined by the department  .
   SEC. 2.   SEC. 3.   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
signature  , which 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 e-mail signature may constitute an electronic
signature. 
   SEC. 3.   SEC. 4.   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  . Records that may be created in electronic format
and maintained electronically include, but are not limited to, the
following:
   (1) Child immunization records.
   (2) Parental job verification records.
   (3) Parent income verification.
   (4) Parent school or training verifications and attendance
records.
   (5) Attendance sheets.
   (6) Family eligibility and need files.
   (7) Notices of actions.
   (8) Family fee records.
   (9) Provider invoices.
   (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.