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

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.

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-Introduced.html

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BILL NUMBER: AB 2101	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 20, 2014

   An act to amend Section 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 introduced, 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 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 alternative storage technologies, as provided.
The bill would authorize alternative payment programs and providers
to use an electronic signature, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8227.4 is added to the Education Code, to read:

   8227.4.  Notwithstanding any other law, including Section 8227.3,
alternative payment programs and providers may retain a case record
using either electronic or other 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.
  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
signature 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.  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  in electronic format
only if the original documents were created in electronic format
  electronically  . 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  a
contractor to create records electronically.