California Assembly Bill AB1712 Amended / Bill

 BILL NUMBER: AB 1712AMENDED BILL TEXT AMENDED IN SENATE AUGUST 15, 2016 AMENDED IN ASSEMBLY MAY 27, 2016 INTRODUCED BY Assembly Member Obernolte JANUARY 26, 2016 An act to amend  Sections 8227.5 and   Section  8262.1 of the Education Code, relating to child care. LEGISLATIVE COUNSEL'S DIGEST AB 1712, as amended, 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 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 contractors and alternative payment programs and providers to maintain any records electronically and authorizes alternative payment programs and providers to use a digital signature, as provided. Existing law requires the use of a digital signature to have the same force and effect as the use of a manual signature if specified requirements are met. Existing law requires the above provisions relating to the electronic maintenance of records or digital signatures to be in compliance with state and federal standards, as determined by the department.   This bill would authorize the Superintendent of Public Instruction to adopt rules and regulations related to digital signatures, including, but not limited to, defining or redefining what is an acceptable technology for the creation and use of a digital signature authorized by the act. The bill would require, if these rules and regulations are adopted by the Superintendent, that they apply to digital signatures used by an alternative payment program or provider in lieu of other specified requirements.  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, if rules and regulations relating to digital signatures are adopted by the Superintendent, that they apply to digital signatures used by contractors in lieu of other specified requirements.  The bill would require the use of a digital signature to be in compliance with state and federal standards, as determined by the department. 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 8227.5 of the Education Code is amended to read: 8227.5. (a) Alternative payment programs and providers operating or providing services pursuant to this article may 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. (b) (1) 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. (2) Notwithstanding Section 1633.17 of the Civil Code, the Superintendent may adopt rules and regulations related to digital signatures, including, but not limited to, defining or redefining what is an acceptable technology for the creation and use of a digital signature authorized by this chapter. (3) If, pursuant to paragraph (2), the Superintendent adopts different requirements related to digital signatures or their acceptable technology than the requirements cited in paragraph (1), those different requirements shall apply in lieu of the requirements cited in paragraph (1).   SEC. 2.   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  of the  following: (a) (1) Maintain records electronically, in compliance with state and federal standards, as determined by the department.  Any   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.  (3) If, pursuant to paragraph (2) of subdivision (b) of Section 8227.5, the Superintendent adopts different requirements related to digital signatures or their acceptable technology than the requirements cited in paragraph (2), those different requirements shall apply in lieu of the requirements cited in paragraph (2).