First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0737.02 Ed DeCecco SENATE BILL 11-190 SENATE SPONSORSHIP Aguilar, HOUSE SPONSORSHIP Court, Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning increased transparency of state government through annual citizen-centric performance and accountability reports by departments. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" requires each department to prepare a 4-page annual performance report (report). The bill modifies the report to be a citizen-centric performance and accountability report by: Requiring specific information on each page of the report; Requiring a brief table of contents and information about the department, the population served by the department, financial data, costs for services provided, and the department's anticipated future challenges; and Requiring the office of state planning and budgeting and the departments that create their own reports to design the report to maximize its visual appeal and readability. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) The foundation of democracy is based on a government's accountability to its citizenry; (b) The public overwhelmingly believes that government has the obligation to report and explain how it generates and spends its revenue; (c) A lack of government accountability and transparency undermines the democratic process; (d) As such, state government has a responsibility to provide information about the financial condition and performance of its departments to its citizens; (e) This information should be easily understandable and must be easily accessible; and (f) Providing this vital information can enhance the public's trust in state government. (2) Now, therefore, it is the purpose of Senate Bill 11-____, enacted in 2011, to modify the annual performance report required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", House Bill 10-1119, enacted in 2010, to create a citizen-centric performance and accountability report that provides citizens with valuable performance-related information in an understandable manner. SECTION 2. 2-7-202 (1), Colorado Revised Statutes, is amended, and the said 2-7-202 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 2-7-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Committee of reference" means the house or senate committee of reference that is assigned to review the primary functions and responsibilities of a department as specified in section 2-7-203 "Citizen-centric performance and accountability report" or "report" means the annual report required pursuant to section 2-7-205. (1.5) "Committee of reference" means the house or senate committee of reference that is assigned to review the primary functions and responsibilities of a department as specified in section 2-7-203. SECTION 3. 2-7-205, Colorado Revised Statutes, is amended to read: 2-7-205. Annual citizen-centric performance and accountability report. (1) (a) On December 1, 2012, and each December 1 thereafter, the office of state planning and budgeting shall publish an annual citizen-centric performance and accountability report for each department except the department of state, the department of the treasury, the department of law, the judicial department, the office of state public defender, the office of alternate defense counsel, the independent ethics commission, and the office of the child's representative. The annual performance report shall include a summary of each department's strategic plan. The annual performance report shall be clearly written and easily understood, and shall be limited to a maximum of four pages per department, and shall comply with the requirements set forth in subsection (1.5) of this section. (b) On December 1, 2012, and each December 1 thereafter, the department of state, the department of the treasury, the department of law, the judicial department, the office of state public defender, the office of alternate defense counsel, the independent ethics commission, and the office of the child's representative shall each publish an annual citizen-centric performance and accountability report including a summary of its strategic plan. The annual performance reports shall be clearly written and easily understood, and shall each be limited to a maximum of four pages, and shall comply with the requirements set forth in subsection (1.5) of this section. (1.5) (a) The citizen-centric performance and accountability report must include the following information, if applicable, on each of the specified pages: (I) Page one of the report must include a brief table of contents and information about the department, including, but not limited to, the department's five-year mission or vision, operational structure, the number of department employees, and information regarding the population served by the department, including the number of persons served by the department and characteristics of those served; (II) Page two of the report must include a summary of the department's key performance-based goals that correspond to the department's mission or vision, performance measures that correspond to the performance-based goals, strategies to meet the performance-based goals, and a hyperlink to each department's strategic plan posted on the official web site of each department pursuant to section 2-7-204 (1) (b); (III) Page three of the report must include a summary of the department's financial data for the prior state fiscal year as it relates to the information presented on page two of the report and should provide the department's costs for services provided and by what means those costs were covered; and (IV) Page four of the report must include a summary of the results of the most recent performance evaluation of the department and the department's forecast of future challenges. (b) The office of state planning and budgeting shall establish a single design used by all departments for the citizen-centric performance and accountability report pursuant to paragraph (a) of subsection (1) of this section, including the layout, colors, images and graphics, and the type and fonts, to maximize the visual appeal and readability of the report. A department required to publish a report pursuant to paragraph (b) of subsection (1) of this section shall establish the design to be used by the department. In establishing the design, the office and the applicable departments may consider the guidelines and design template established by the association of government accountants. (2) (a) The annual citizen-centric performance and accountability reports shall be posted on the official web sites of the state of Colorado and the office of the governor. The annual performance reports shall include a hyperlink to each department's strategic plan posted on the official web site of each department pursuant to section 2-7-204 (1) (b) In addition, each department shall post the department's report on the official web site of the department. (b) The annual citizen-centric performance and accountability reports shall be distributed to all members of the general assembly pursuant to section 24-1-136 (9), C.R.S., for members to use to make decisions related to the annual general appropriation act. The reporting requirement set forth in this paragraph (b) is exempt from the provisions of section 24-1-136 (11), C.R.S., and the annual reporting requirement shall remain in effect until changed by the general assembly acting by bill. SECTION 4. 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 (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.