SENATE Amended 3rd Reading February 19, 2009 SENATE Amended 2nd Reading February 13, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-0466.01 Brita Darling SENATE BILL 09-057 SENATE SPONSORSHIP Harvey, Kopp HOUSE SPONSORSHIP Stephens, Senate Committees House Committees Education A BILL FOR AN ACT Concerning searchable budget databases on school district web sites containing public education financial information, and, in connection therewith, enacting the "Public School Financial Transparency Act". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires each school district, board of cooperative services, district charter school, and institute charter school and the state charter school institute (local education provider) to create and maintain a searchable budget database web site that includes data concerning the local education provider's revenues and expenditures. Requires each local education provider to maintain the data for a specified number of years in a format that is searchable and that may be downloaded. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 44 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 3 PUBLIC SCHOOL FINANCIAL TRANSPARENCY ACT 22-44-301. Short title. This part 3 shall be known and may be cited as the "Public School Financial Transparency Act". 22-44-302. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Taxpayers should have access to details regarding how public schools are spending taxpayer dollars and what performance results the public schools achieve through those expenditures; and (b) Easier access to and storage of electronic data should facilitate increasing transparency in public school financial and budget matters. (2) Therefore, it is the intent of the general assembly to direct each school district board of education, board of cooperative services, district charter school, and institute charter school and the state charter school institute to post financial information on searchable budget database web sites. 22-44-303. Definitions. As used in this part 3, unless the context otherwise requires: (1) (a) "Entity" means a corporation, association, union, limited liability company, limited liability partnership, grantee, contractor, local government, or other legal entity including a nonprofit corporation. (b) "Entity" shall not include an individual recipient of state public assistance or public assistance provided by the local education provider. (2) "Local education provider" means: (a) A school district, other than a junior college district, organized and existing pursuant to law; (b) A board of cooperative services created pursuant to article 5 of this title; (c) The state charter school institute established pursuant to section 22-30.5-503; (d) A district charter school authorized pursuant to part 1 of article 30.5 of this title; or (e) An institute charter school authorized pursuant to part 5 of article 30.5 of this title. (3) "Public record" shall have the same meaning as set forth in section 24-72-202 (6), C.R.S. (4) "Searchable budget database web site" or "web site" means a web site that allows the public at no cost to review the following information: (a) The amount and source of moneys received by the local education provider; and (b) Moneys expended by the local education provider, including: (I) The name and principal location or address of the entity receiving moneys; except that information concerning a payment to an employee of the local education provider shall identify the individual employee by position and business address only; (II) The amount of expended moneys; (III) The funding source of the expended moneys; (IV) The name of the budget program or activity receiving the moneys; and (V) A description of the planned use of the moneys. 22-44-304. Searchable budget database web site - creation. (1) No later than September 1, 2011, each local education provider shall develop, maintain, and make publicly available a single, searchable budget database web site. The web site shall contain only information that is a public record or that is not confidential or otherwise protected from public disclosure pursuant to state or federal law. (2) The local education provider shall, to the extent practicable, update the financial data contained on the web site monthly. The financial data shall be provided in a structured format that may be downloaded. The web site shall include a method by which a user of the web site may provide feedback concerning the organization or utility of the web site. The local education provider shall archive the financial data, which shall remain accessible and searchable for a minimum of five years. (3) The provisions of this part 3 shall not apply to a local education provider that, as of January 1, 2009, does not have an existing web site, other than a searchable budget database web site, that provides information concerning the local education provider and is routinely maintained by the local education provider. At such time as a local education provider has a web site that provides information concerning the local education provider, the local education provider shall comply with the provisions of this part 3. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.