CO Code § 26-12-205 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 12 - Veterans Community Living Centers Act|Part 2 - Specific Veterans Community Living Centers Authorized|§ 26-12-205. Homelake Military Veterans Cemetery - Definitions - Fund - Rules

  As used in this section, unless the context otherwise requires:   “Cemetery” means the Homelake military veterans cemetery established and maintained at the veterans center pursuant to subsection (2) of this section, including:   The two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper; and    The triangular area of land to the direct north of the existing cemetery as of May 3, 2012.       “Fund” means the Homelake military veterans cemetery fund created pursuant to subsection (4) of this section.         The general assembly hereby authorizes the establishment and maintenance of the cemetery at the veterans center. The state department shall maintain the cemetery.    The state department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the cemetery.         Any veteran who served honorably in any branch of the armed forces of the United States and who, at the time of his or her death, was a resident of this state shall be eligible for burial and interment at the cemetery.    [ ] Burial and interment may be provided at the cemetery for any spouse, surviving spouse, or dependent parent of an honorably discharged veteran of any branch of the armed forces of the United States.    All necessary expenses incident to the burial and interment at the cemetery of any person who may be buried and interred at the cemetery pursuant to the provisions of this section shall be paid from the estate of the decedent.    The state department shall adopt procedures whereby persons who are eligible for burial and interment in the cemetery, in exchange for monetary consideration in an amount to be determined by the state department but not to exceed the amount of the burial and memorial benefit provided to an eligible veteran by the federal department of veterans affairs, may reserve plots there for the burial and interment of themselves and their spouses. In adopting such procedures, the state department shall ensure that a person who possesses such a reservation on May 3, 2012, shall retain his or her reservation.         There is hereby established in the state treasury the Homelake military veterans cemetery fund. The fund shall consist of moneys transferred to the fund pursuant to paragraph (b) of this subsection (4), any revenue generated from activities associated with the cemetery and its operations, and any moneys appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with capital improvements to, and the operation and maintenance of, the cemetery and for the implementation of this section. Any moneys in the fund not expended for the purpose of the section may be invested by the state treasurer as provided in section 24-36-113, C.R.S. Any interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund.      The state department is authorized to accept gifts, grants, and donations for the purposes of this section; except that the state department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. The state department shall transfer all private and public moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the fund. (b) (I) The state department is authorized to accept gifts, grants, and donations for the purposes of this section; except that the state department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. The state department shall transfer all private and public moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the fund.    To the extent permitted by subparagraph (I) of this paragraph (b), a person who contributes a gift, grant, or donation to the fund may designate a specific purpose for which the gift, grant, or donation is to be used. The state department shall not unreasonably delay a project that is sufficiently funded by gifts, grants, or donations.       The state department shall not expend more than five percent of the moneys annually expended from the fund to pay for the administrative costs of implementing this section.    Repealed.       The general assembly hereby finds, determines, and declares that any use of the cemetery property is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.    Subject to available appropriations, the state department may contract for professional services necessary for the implementation of this section.    It is the intent of the general assembly that the state department will implement the provisions of this section by assigning to the cemetery one-half of a full-time employee from within the existing personnel resources of the state department.      On or before January 1, 2014, the state department shall establish a phased plan for expansion of the cemetery. The state department shall identify phases in a manner that is aesthetically appropriate, cost-effective, and capable of incremental implementation as funding becomes available; except that the first phase shall consist of the portion of the project described in paragraph (b) of this subsection (8). The expansion project shall include work sufficient to meet the demand for unreserved burial plots in the cemetery and to allow the state department to conduct interments at the rate of fifteen interments per year. To the extent practicable, in implementing the expansion plan, the state department shall make use of work completed by third parties pursuant to paragraph (b) of subsection (2) of this section and coordinate with such parties to ensure that work completed for the expansion project meets the standards and specifications of the phased plan.    On or before July 1, 2014, the state department shall complete the expansion of the cemetery and make available for eligible veterans of the United States armed forces and their spouses new cemetery plots in the two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper.    Repealed.       Editor's note: This version of subsection (3)(b) is effective until November 11, 2021.  (b) [ ] Burial and interment may be provided at the cemetery for any spouse, surviving spouse, or dependent parent of an honorably discharged veteran or discharged LGBT veteran, as defined in section 28-5-100.3 , of any branch of the armed forces of the United States.  Editor's note: This version of subsection (3)(b) is effective November 11, 2021.  History. Source: L. 98: Entire article R&RE, p. 192, § 1, effective April 10. L. 2012: Entire section R&RE,(HB 12-1063), ch. 149, p. 534, § 1, effective May 3. L. 2013: (1)(a) and (4)(b) amended and (8) added,(SB 13-040), ch. 263, p. 1382, § 1, effective May 24. L. 2014: (4)(d) repealed,(HB 14-1363), ch. 302, p. 1270, § 32, effective May 31; IP(1)(a) and (2)(a) amended,(SB 14-096), ch. 59, p. 272, § 26, effective August 6. L. 2021: (3)(b) amended,(SB 21-026), ch. 42, p. 176, § 9, effective November 11.    Editor's note:    This section is similar to former § 26-12-309 as it existed prior to 1998.    Subsection (8)(c)(II) provided for the repeal of subsection (8)(c), effective January 1, 2015. (SeeL. 2013, p. 1382.)     Cross references:   For the short title (“Restoration of Honor Act”) in SB 21-026, see section 1 of chapter 42, Session Laws of Colorado 2021.