California Assembly Bill AB2101 Latest Draft

 BILL NUMBER: AB 2101AMENDED 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.