§ 29-21-102 — Certification - monitoring - enforcement - rules

(1) The
treasurer of a municipality or special district, the chief financial officer, or the
official custodian of the conservation trust fund of an eligible entity shall annually
review and certify to the division that the eligible entity's self-reported
conservation trust fund expenditures comply with the requirements of this article
and of rules promulgated pursuant to this article.

(2) The division may require eligible entities to file such annual reports as it
deems necessary, and shall review the annual reports submitted pursuant to this
article. The review may be conducted by the division's own permanent staff,
through a personal services contract, or by delegating responsibility to an
independent third party. If the division determines that an eligible entity has
violated this article, the division shall take such enforcement measures as it deems
necessary to ensure compliance with this article.

(3) By September 1, 2004, the director of the division shall promulgate rules
as necessary to carry out this article, including:

(a) Procedures necessary to allow the division or its agents to monitor
eligible entities' compliance with the requirements of this article and of rules
promulgated pursuant to this article, including annual reporting and entry and
inspection of records regarding accounting and expenditures of revenues from the
conservation trust fund;

(b) Procedures necessary to allow the division to enforce eligible entities'
compliance with this article, including penalties, forfeiture of shares previously
distributed, issuance of an order after a hearing held pursuant to section 24-4-105,
C.R.S., to repay to a state or local conservation trust fund specific revenues from a
conservation trust fund that were expended for purposes that are not authorized by
this article, and, if the eligible entity fails to timely comply with the order, issuance
of an order to the treasurer holding moneys of the eligible entity that were
generated pursuant to the taxing authority of the eligible entity to prohibit the
release of any such moneys until the eligible entity complies with the order, and the
ability to treat a noncompliant eligible entity as though it were an ineligible entity;
and

(c) Guidance regarding allowable expenditures of conservation trust fund
revenues to facilitate eligible entities' compliance with this article.

(4) The division shall afford to any eligible entity written notice and an
opportunity for a hearing before taking any enforcement action pursuant to this
article.

Legislative History

Source: L. 2004: Entire section added, p. 1885, � 1, effective July 1.