Today's Law As Amended

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AB-2101 Child care: alternative payment programs and contractors: electronic records.(2013-2014)



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, 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. 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 an alternative payment program or provider to create records electronically.

SEC. 2.

 Section 8227.4 is added to the Education Code, to read:

8227.4.
 Alternative payment programs and providers may retain a case record using either electronic or other types of alterative storage, which complies with state and federal standards as determined by the department.

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.

SEC. 3.SEC. 4.

 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 following:
(a) (1) Contractors  Maintain   operating or providing services pursuant to this chapter may maintain  records electronically, in compliance with state and federal standards, standards  as determined by the department. 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. 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.
(2) (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.
(3) (c)  This subdivision section  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.