CO Code § 28-3-106 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3 - National Guard|Part 1 - General and Administrative|§ 28-3-106. Powers and Duties of Adjutant General

  The adjutant general has the following powers and duties:   The adjutant general shall be the chief of staff to the commander in chief and the administrative head of the department of military and veterans affairs. Whenever any law of this state refers to the military department, said law shall be construed as referring to the department of military and veterans affairs.    He or she shall have custody of all military records, correspondence, and other military documents. He or she shall be the medium of military correspondence with the governor and perform all other duties pertaining to his or her office prescribed by law.    The adjutant general shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general.    He or she shall make and transmit to the federal government such reports and returns as are required by the laws of the United States.    He or she shall, when necessary and pursuant to the provisions of section 24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be reproduced and distributed to the commissioned officers and the several organizations of the National Guard.    He or she shall cause to be prepared and issued all necessary books, blanks, and notices required to carry into full effect the provisions of the military code. All such books and blanks are the property of the state.    The seal of office of the adjutant general shall contain the coat of arms of the state with the words added thereto “State of Colorado, Adjutant General's Office”, and said seal shall be delivered by him or her to his or her successor. All orders issued from his or her office shall be authenticated with said seal. The adjutant general shall attest to all commissions issued to officers of the military forces.    He or she shall superintend the preparation of all returns and reports required by the United States from the state on military matters.    In the absence of the adjutant general or temporary inability to perform his or her duties as adjutant general, he or she shall appoint, with the consent of the governor, an officer of the National Guard to perform the duties prescribed for the adjutant general. Should the adjutant general be absent or unable to perform his or her duties for a period of six months or more, it shall be considered cause to justify his or her removal. Removal under this paragraph (i) shall be at the sole discretion of the governor.    He or she shall prescribe such regulations not inconsistent with law as will increase the discipline and efficiency and will preserve and protect the property of the military forces of the state of Colorado. These regulations, as prepared by the adjutant general and approved by the governor, shall be published in orders, and the governor, when in his or her judgment it is necessary, may order the adjutant general to revise and amend these regulations. The regulations required by this paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S.    He or she shall submit a budget respecting the military forces for the ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded.    He or she shall keep the papers, volumes, and records of the department in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required.    He or she shall attend to the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States. All military property of the state which, after proper inspection, is found unsuitable for the use of the state, under the direction of the governor, shall be disposed of by the adjutant general at public auction or by inviting bids after suitable advertisement of the sale daily for ten days in at least one newspaper published in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor or, with the approval of the governor, may be turned over to any other department, board, or commission of the state government by which it can be used. Such department, board, or commission of the state government shall reimburse the military fund for the reasonable value of the property so received. He or she shall bid on the property or suspend the sale when in his or her opinion better prices may or should be obtained. He or she shall from time to time render to the governor a just and true account of the sales made by him or her and shall deposit the proceeds of the same in the military fund.    He or she shall not issue or cause to be issued military property to persons or organizations other than those belonging to the National Guard, except in cases of emergency and then only on written approval of the governor.    All purchases, with the exception of emergency purchases, shall be made through the executive director of the department of personnel in the manner provided by law. All property purchased under the authority granted shall be inspected by an inspector or an officer detailed for that purpose by the adjutant general, and no payment shall be made therefor until it appears by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of emergency, the governor may suspend the operation of this paragraph (o) and direct the adjutant general in writing to purchase such military property as may be required in the open market. The governor shall report such actions with the reasons therefor and statement of the property purchased and the prices paid therefor to the general assembly at its next session. All payments shall be made by voucher drawn upon the military fund of the state upon such form as may be provided by the controller of the state of Colorado. Each voucher shall show the attestation of the adjutant general that it is within the budget as approved by the governor.    He or she shall employ such clerks, laborers, and other force as may be required for his or her office, other departments, armories, and properties of the National Guard, and, in all cases of employment under this provision, a preference shall be extended to members of the National Guard. The pay of such clerks and other force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces.    The adjutant general shall have charge of the campgrounds and military reservations of the state and shall be responsible for the protection and safety thereof, and he or she shall promulgate regulations for the maintenance of order thereon, for the enforcement of traffic rules, and for all other lawful regulations as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations. He or she shall keep in repair all state buildings and other improvements thereon. He or she may make such sound improvements thereon as the good of the service requires.    The adjutant general, by and with the advice and approval of the governor, is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for the use of the state of Colorado such buildings, lands, tenements, and appurtenances thereof as may be from time to time deemed necessary for use by the National Guard. All such expenditures shall be paid out of the military fund, but all titles shall be taken in the name of the governor of the state of Colorado for the use of the National Guard. Prior to acquiring any real property pursuant to the provisions of this paragraph (r), the adjutant general shall submit a report to the capital development committee which describes the anticipated use of such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations which may restrict the use of such real property, and any potential liability to the state which could result from acquiring such real property. The capital development committee shall review any such report which is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property acquisition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period.      If, in the judgment of the adjutant general, any real estate that has been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period. (s) (I) If, in the judgment of the adjutant general, any real estate that has been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period.    The adjutant general may dispose of real estate acquired but unsuitable for military purposes for less than its appraised value when the disposition is to an agency of state government. The adjutant general shall not be required to have an appraisal performed in order to complete such disposition. In the event an offer has been made to purchase such real estate for more than its appraised value, prior to any disposition the adjutant general shall give due consideration to the terms of the offer and to any cost savings to the state which would result from a transfer of such real estate to a state agency.    Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this section to the general fund.       Repealed.    He or she shall prescribe the rules and regulations described in section 23-7.4-302 (7).    The adjutant general shall ensure that the department complies with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department.    Repealed.    The adjutant general is authorized to accept gifts, grants, or donations of any kind from any private source or from any governmental unit in order to carry out the functions and duties set forth in this title subject to the conditions upon which the gifts, grants, or donations are made; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund unless such expenditures are approved by the general assembly.    The adjutant general may make available for public or private use any distance learning audio and video facilities located within the state. Such public or private use shall be subject to reasonable fees for the costs, including repair, replacement, and salaries involved in the use of the facilities, as well as maintenance and operation of the facilities and equipment.         History. Source: L. 55: P. 610, § 6. CRS 53: § 94-9-6. C.R.S. 1963: § 94-1-6. L. 64: P. 157, § 104. L. 67: P. 78, § 1. L. 68: P. 136, § 168. L. 81: (1)(o) amended, p. 1296, § 37, effective January 1, 1982. L. 83: (1)(c) and (1)(e) amended, p. 840, § 64, effective July 1. L. 86: (1)(s) amended and (1)(t) repealed, pp. 1014, 1018, §§ 1, 18, effective May 3. L. 91: (1)(r) amended, p. 1375, § 1, effective April 1; (1)(u) added, p. 549, § 3, effective May 18. L. 94: (1)(s) amended, p. 24, § 1, effective March 2; (1)(v) added, p. 566, § 15, effective April 6; (1)(s) amended, p. 1617, § 1, effective May 31. L. 96: (1)(o) amended, p. 1542, § 133, effective June 1. L. 2001: (1)(c) amended, p. 1178, § 10, effective August 8. L. 2002: (1)(b), (1)(d) to (1)(n), (1)(p), (1)(q), and (1)(u) amended, pp. 594, 586, §§ 29, 7, effective May 24; (1)(a) and (1)(s)(I) amended and (1)(w) added, p. 360, § 21, effective July 1. L. 2003: (1)(c) and (1)(w)(I) amended, p. 2012, § 104, effective May 22; (1)(x) and (1)(y) added, p. 1907, § 2, effective August 6. L. 2005: (1)(s)(I) amended, p. 661, § 1, effective May 27. L. 2013: (1)(s)(I) amended,(SB 13-155), ch. 392, p. 2284, § 17, effective July 1. L. 2018: (1)(u) amended,(HB 18-1228), ch. 103, p. 787, § 2, effective August 8. L. 2019: (1)(s)(I) amended,(HB 19-1172), ch. 136, p. 1715, § 205, effective October 1. L. 2020: (1)(s)(III) added,(HB 20-1406), ch. 178, p. 813, § 16, effective June 29. History. Source: L. 55: P. 610, § 6. CRS 53: § 94-9-6. C.R.S. 1963: § 94-1-6. L. 64: P. 157, § 104. L. 67: P. 78, § 1. L. 68: P. 136, § 168. L. 81: (1)(o) amended, p. 1296, § 37, effective January 1, 1982. L. 83: (1)(c) and (1)(e) amended, p. 840, § 64, effective July 1. L. 86: (1)(s) amended and (1)(t) repealed, pp. 1014, 1018, §§ 1, 18, effective May 3. L. 91: (1)(r) amended, p. 1375, § 1, effective April 1; (1)(u) added, p. 549, § 3, effective May 18. L. 94: (1)(s) amended, p. 24, § 1, effective March 2; (1)(v) added, p. 566, § 15, effective April 6; (1)(s) amended, p. 1617, § 1, effective May 31. L. 96: (1)(o) amended, p. 1542, § 133, effective June 1. L. 2001: (1)(c) amended, p. 1178, § 10, effective August 8. L. 2002: (1)(b), (1)(d) to (1)(n), (1)(p), (1)(q), and (1)(u) amended, pp. 594, 586, §§ 29, 7, effective May 24; (1)(a) and (1)(s)(I) amended and (1)(w) added, p. 360, § 21, effective July 1. L. 2003: (1)(c) and (1)(w)(I) amended, p. 2012, § 104, effective May 22; (1)(x) and (1)(y) added, p. 1907, § 2, effective August 6. L. 2005: (1)(s)(I) amended, p. 661, § 1, effective May 27. L. 2013: (1)(s)(I) amended,(SB 13-155), ch. 392, p. 2284, § 17, effective July 1. L. 2018: (1)(u) amended,(HB 18-1228), ch. 103, p. 787, § 2, effective August 8. L. 2019: (1)(s)(I) amended,(HB 19-1172), ch. 136, p. 1715, § 205, effective October 1. L. 2020: (1)(s)(III) added,(HB 20-1406), ch. 178, p. 813, § 16, effective June 29.    Editor's note:   Subsection (1)(w)(II) provided for the repeal of subsection (1)(w), effective January 1, 2004. (See L. 2002, p. 360 .)   Cross references:   For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (1)(s)(I) and enacting subsection (1)(w), see section 1 of chapter 121, Session Laws of Colorado 2002.