reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 3 - OFFICERS (§§ 28-3-301 — 28-3-316) › Section 28-3-315 - Retired officers - warrant officers - limited assignments

The commander in chief may assign officers and warrant officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left temporarily without officers, or to such other duties as the adjutant general may designate. Such officers and warrant officers while so assigned shall receive the full pay and allowances of their grades at time of retirement or may serve in a volunteer unpaid status.
L. 55: p. 618, § 25. CRS 53: § 94-9-25. C.R.S. 1963: § 94-1-25. L. 2002: Entire section amended, p. 586, § 8, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 3 - OFFICERS (§§ 28-3-301 — 28-3-316) › Section 28-3-316 - Brevet commissions

General and field officers of the National Guard who have, after twenty-five years' service, resigned or retired may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be commissioned by brevet in the next higher grade than that held by them at the time of their resignation or retirement, but not above the grade of major general. Brevet rank shall be considered strictly honorary and shall confer no privilege of precedence or command nor pay any emoluments. Brevet officers may wear the uniform of their brevet rank on occasions of ceremony.
L. 55: p. 618, § 26. CRS 53: § 94-9-26. C.R.S. 1963: § 94-1-26.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-401 - Enlistment periods - extensions

Except as otherwise provided in this article or by federal law, original enlistments in the military forces shall be for a period of three years and subsequent enlistments for a period of one or three years. The governor may by order fix shorter periods of enlistment or reenlistment for any of the military forces so far as not inconsistent with federal law. In the event of any emergency wherein the governor has called out any of the military forces, he or she may by order extend, for not exceeding the period of emergency and sixty days thereafter, the period of any enlistment in the forces called out which would otherwise expire.
L. 55: p. 618, § 27. CRS 53: § 94-9-27. C.R.S. 1963: § 94-1-27. L. 2002: Entire section amended, p. 597, § 36, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-402 - Enlistment contract - form - oath

Every person enlisting in the military forces shall sign an enlistment contract in the form prescribed by the adjutant general and shall subscribe to the following oath or affirmation: "I hereby acknowledge to have voluntarily enlisted this ............ day of ............ 20...., in the .................. for the period of three (or one) years, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and the state of Colorado; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the president of the United States and the governor of the state of Colorado and the officers appointed over me according to law and the rules and articles of war." However, the words "the president of the United States and" shall be omitted in the case of personnel enlisting in forces not subject to federal service.
L. 55: p. 618, § 28. CRS 53: § 94-9-28. C.R.S. 1963: § 94-1-28.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-403 - Group enlistments barred - when

No civil association, society, club, post, order, fraternity, brotherhood, union, league, or other organized body shall be enlisted in the military forces as a unit.
L. 55: p. 619, § 29. CRS 53: § 94-9-29. C.R.S. 1963: § 94-1-29.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-404 - Honorable discharge

An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is prescribed by federal law, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the federal authorities may prescribe.
L. 55: p. 619, § 30. CRS 53: § 94-9-30. C.R.S. 1963: § 94-1-30. L. 2002: Entire section amended, p. 597, § 37, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-405 - Dishonorable discharge

A dishonorable discharge from service in the National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military office under the state. The names of all persons dishonorably discharged shall be published in orders by the adjutant general.
L. 55: p. 619, § 31. CRS 53: § 94-9-31. C.R.S. 1963: § 94-1-31.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-406 - Exemption from arrest or civil process

No member of the National Guard shall be arrested or served with any summons, order, warrant, or other civil process after having been ordered to any duty or while going to, attending, or returning from any place to which he or she is required to go for military duty; but nothing in this article shall prevent his or her arrest by order of a military officer or for a crime committed while not in actual performance of his or her duty. The articles of military equipment personally owned by such members shall be exempt from seizure or sale for debt pursuant to section
13-54-102
, C.R.S.
L. 55: p. 619, § 32. CRS 53: § 94-9-32. C.R.S. 1963: § 94-1-32. L. 2002: Entire section amended, p. 587, § 9, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 4 - ENLISTED PERSONS (§§ 28-3-401 — 28-3-407) › Section 28-3-407 - Retired noncommissioned officers - limited assignments

The commander in chief may assign noncommissioned officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left temporarily without officers, or to such other duties as the adjutant general may designate. Such noncommissioned officers while so assigned shall receive the full pay and allowances of their grades at time of retirement or may serve in a volunteer unpaid status.
L. 2002: Entire section added, p. 587, § 10, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-501 - Nonliability for official acts

The commanding officer of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws shall exercise his or her discretion as to the propriety of firing upon or otherwise attacking any mob or other unlawful assembly; and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or a criminal action for any act done while on such duty. No officer or enlisted person shall be held liable in either a civil or criminal action for any act done under lawful orders and in the performance of his or her duty.
L. 55: p. 623, § 45. CRS 53: § 94-9-45. C.R.S. 1963: § 94-1-45. L. 2002: Entire section amended, p. 597, § 38, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-502 - Actions against military personnel - defense counsel

If a suit or proceeding is commenced in any court by any person against any officer of the military forces for any act done by such officer in his or her official capacity in the discharge of any duty under this article, or against any enlisted person acting under the authority or order of any such officer, or by virtue of any warrant issued by him or her pursuant to law, it is the duty of the governor, upon the recommendation of the attorney general, to appoint counsel to defend such person. The cost and expenses of any such defense shall be paid out of the military fund.
L. 55: p. 623, § 46. CRS 53: § 94-9-46. C.R.S. 1963: § 94-1-46. L. 2002: Entire section amended, p. 598, § 39, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-503 - Actions against military personnel - cost bond

Any person bringing an action or proceeding against a military officer of the state for any act done in the course of his or her official duty or against any person acting under the order or authority of such officer shall give security for the costs, disbursements, and reasonable attorney fees incurred by the state or defendant in defending the same in the same manner and subject to the same regulations, so far as applicable, as in the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney fees may be taxed with the costs and disbursements and judgment therefor entered against him or her and his or her sureties on the bond.
L. 55: p. 623, § 47. CRS 53: § 94-9-47. C.R.S. 1963: § 94-1-47. L. 2002: Entire section amended, p. 598, § 40, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-504 - Exemption from traffic regulations

The military forces of the United States and of the state and the adjutant general and general officers of such forces with official insignia displayed, while on any authorized duty, shall not be restricted by state or municipal traffic regulations and shall have the right-of-way on any street or highway through which they may pass against except carriers of the United States mail, fire engines, and police vehicles.
L. 55: p. 623, § 48. CRS 53: § 94-9-48. C.R.S. 1963: § 94-1-48.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-505 - Discrimination - public places and common carriers - penalty

It is unlawful for any common carrier, innkeeper, proprietor, or lessee of any place of public amusement or entertainment or any agent, servant, or representative of any such common carrier, innkeeper, proprietor, or lessee as aforesaid to bar from the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of any public conveyance or any inn or of any place of public amusement or entertainment any person in the service of the armed forces of the United States or of the National Guard, wearing the uniform prescribed for him or her at that time or place by law, regulation of the service, or custom, on account of his or her wearing such uniform or of his or her being in such service. Any person who is barred from such enjoyment contrary to the provisions contained in this section is entitled to recover in an action against any corporation, association, or person who commits such violation his or her actual damages and three hundred dollars in addition thereto and reasonable attorney fees and costs. Evidence that such person barred was at the time sober, orderly, and willing to pay for such enjoyment in accordance with rates affixed therefor for civilians shall be prima facie evidence that he or she was barred on account of his or her wearing such uniform or of his or her being in such service.
L. 55: p. 624, § 49. CRS 53: § 94-9-49. C.R.S. 1963: § 94-1-49. L. 2002: Entire section amended, p. 587, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-506 - Discrimination against employment - penalty

(1)
(a)
No person shall discriminate against any officer or enlisted person of the military forces of the state because of the officer or enlisted person's membership therein.
(b)
No employer or officer or agent of any corporation, company, or firm or other person shall:
(I)
Refuse to hire any person for or discharge any person from employment because of the person's status as an officer or enlisted person of the military forces of the state; or
(II)
Hinder or prevent the person from performing any military service he or she may be called upon to perform by proper authority; or
(III)
Dissuade any person from enlistment in the said National Guard by threat or injury to such person, if he or she so enlists, in respect to the person's employment, trade, or business.
(2)
Any person violating any of the provisions of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. In addition, the aggrieved person may bring an action at law for damages for such noncompliance or apply to the district court for such equitable relief as is just and proper under the circumstances.
L. 55: p. 624, § 50. CRS 53: § 94-9-50. C.R.S. 1963: § 94-1-50. L. 2002: Entire section amended, p. 588, § 13, effective July 1; entire section amended, p. 693, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 5 - RIGHTS - EXEMPTIONS - DUTIES (§§ 28-3-501 — 28-3-507) › Section 28-3-507 - Interference with duty - arrest - penalty

Any person who obstructs or interferes with a member of the National Guard in the performance of his or her duty may be placed under guard by the officer in command. As soon as possible, such officer shall either release such person or turn him or her over to any peace officer of the city or place where such duty is being performed, and such peace officer shall thereupon deliver such offender for examination and trial before any court having jurisdiction. Any person violating the provisions of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 491, eff. 3/1/2022.
L. 55: p. 624, § 51. CRS 53: § 94-9-51. C.R.S. 1963: § 94-1-51. L. 2002: Entire section amended, p. 588, § 14, effective May 24. L. 2021: Entire section amended, (SB 21-271), ch. 3244, p. 3244, § 491, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-601 - Public employees - annual military leave

(1)
Subject to the conditions prescribed in sections
28-3-601
to
28-3-607
, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who is a member of the National Guard or any other component of the military forces of the state organized or constituted under state or federal law or who is a member of the reserve forces of the United States, organized or constituted under federal law, is entitled to leave of absence from the officer's or employee's public office or employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits for the entire time the officer or employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding the equivalent of three weeks of work on the officer's or employee's regular work schedule in the leave year established by the employer. The employer shall allow the leave if the required military service is satisfactorily performed, which is presumed unless the contrary is established.
(2)
Such leave shall not be allowed unless the officer or employee returns to his or her public position immediately on being relieved from such military service and not later than the expiration of the time limited in subsection (1) of this section for such leave, or is prevented from so returning by physical or mental disability or other cause not due to his or her own fault, or is required by proper authority to continue in such military service beyond the time limited in subsection (1) of this section for such leave.
Amended by 2023 Ch. 17, § 1, eff. 3/10/2023.
L. 55: p. 619, § 33. CRS 53: § 94-9-33. C.R.S. 1963: § 94-1-33. L. 2002: Entire section amended, p. 598, § 41, effective May 24. L. 2009: (1) amended, (HB 09 -1315), ch. 312, p. 1694, § 4, effective August 5.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-602 - Public employees - extended military leave

An officer or employee who is taking a leave of absence described in section
28-3-601 (1)
is entitled to use any paid leave available to the officer or employee or to use unpaid leave. If an officer or employee uses paid leave and is required by proper authority to continue in military service beyond the time for which the officer or employee has available paid leave, the officer or employee is entitled to leave of absence from the officer's or employee's public office or employment without pay for all additional service with right of reinstatement thereafter upon the same conditions as provided in section
28-3-604
for reinstatement after active service in time of war or other emergency.
Amended by 2023 Ch. 17, § 2, eff. 3/10/2023.
L. 55: p. 620, § 34. CRS 53: § 94-9-34. C.R.S. 1963: § 94-1-34. L. 2002: Entire section amended, p. 598, § 42, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-603 - Public employees - emergency military leave

Subject to the conditions prescribed in this section, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who engages in active military service in time of war or other emergency declared by proper authority of the state or the United States, for which leave is not otherwise allowed by law or permitted by the officer's or employee's employer, is entitled to leave of absence from the officer's or employee's public office or employment without pay during the service with right of reinstatement as provided in section
28-3-604
.
Amended by 2023 Ch. 17, § 3, eff. 3/10/2023.
L. 55: p. 620, § 35. CRS 53: § 94-9-35. C.R.S. 1963: § 94-1-35. L. 2002: Entire section amended, p. 599, § 43, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-604 - Reinstatement

(1)
Except as otherwise provided in sections
28-3-601
to
28-3-607
, upon the completion of such service, an officer or employee must be reinstated in the public position that the officer or employee held at the time of entry into such service or a public position of like seniority, status, and pay if such a position is available at the same salary that the officer or employee would have received if the officer or employee had not taken the leave upon the following conditions:
(a)
That the position has not been abolished or that the term thereof, if limited, has not expired;
(b)
Repealed.
(c)
That he or she makes written application for reinstatement to the appointing authority within ninety days after discharge from hospitalization or medical treatment which immediately follows the termination of and results from such service, but such application shall be made within one year and ninety days after termination of such service, notwithstanding such hospitalization or medical treatment;
(d)
That he or she submits an honorable discharge or other form of release by proper authority indicating that his or her military service was satisfactory.
(2)
Upon such reinstatement, the officer or employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, and other benefits as if he or she had been actually employed during the time of such leave. No officer or employee so reinstated shall be removed or discharged within one year thereafter, except for cause and after notice and hearing; but this shall not operate to extend a term of service or office limited by law.
Amended by 2023 Ch. 17, § 4, eff. 3/10/2023.
L. 55: p. 620, § 36. CRS 53: § 94-9-36. C.R.S. 1963: § 94-1-36. L. 2002: IP(1), (1)(b), (1)(c), (1)(d), and (2) amended, p. 599, § 44, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-605 - Public officer - certificate for reinstatement

Any public officer elected or appointed for a definite term who, before the expiration of such term, returns from military service under leave of absence without pay, in lieu of making written application for reinstatement as provided in section
28-3-604
, shall file in the same office where his or her official oath is filed, within forty-five days after termination of such military service, a verified certificate that he or she has complied with the conditions for reinstatement prescribed in section
28-3-604
, and he or she shall thereupon be deemed to have resumed his or her office.
L. 55: p. 621, § 37. CRS 53: § 94-9-37. C.R.S. 1963: § 94-1-37. L. 2002: Entire section amended, p. 599, § 45, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-606 - Public pension rights retained

Any public officer or employee receiving leave of absence under the preceding sections and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all such rights accrued up to the time of taking such leave and shall have all rights subsequently accruing under such system as if he or she had been actually employed during the time of such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is dependent upon the payment of any contributions or assessments, and the right to such increase is dependent upon the payment of such contributions or assessments within such reasonable time after the termination of such leave and upon such terms as the authorities in charge of the system may prescribe.
L. 55: p. 621, § 38. CRS 53: § 94-9-38. C.R.S. 1963: § 94-1-38. L. 2002: Entire section amended, p. 600, § 46, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-607 - Public employees - substitute during service

If a public officer or employee is absent with leave under the provisions of the preceding sections and if it is necessary in the public interest to provide for the performance of the duties of his or her position during such absence, the authority having power to fill a vacancy in the position may appoint a substitute, to be known as acting incumbent, who shall qualify as required for the regular incumbent, shall receive the same compensation as fixed by law or otherwise such compensation as may be fixed by proper authority, and shall have all the power and perform all the duties of the position until the return of the regular incumbent; except that this shall not preclude the making of any other provision for the discharge of the duties of the position which may be otherwise authorized by law.
L. 55: p. 621, § 39. CRS 53: § 94-9-39. C.R.S. 1963: § 94-1-39. L. 2002: Entire section amended, p. 600, § 47, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-608 - Sections supplemental

The rights and privileges granted by sections
28-3-601
to
28-3-607
are supplementary to and not exclusive of any other rights or privileges conferred by law on public officers or employees but shall not obtain in any case where the military services are constitutionally or legally incompatible with the public office or employment.
L. 55: p. 622, § 40. CRS 53: § 94-9-40. C.R.S. 1963: § 94-1-40.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-609 - Private employees - annual military leave

Any person who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States who, in order to receive military training with the armed forces of the United States, not to exceed the equivalent of three weeks of work on the person's regular work schedule in any one calendar year, leaves a position other than a temporary position in the employ of an employer, and who gives evidence of the satisfactory completion of the training, and who is still qualified to perform the duties of the person's position, is entitled to be restored to the person's previous or a similar position in the same status, pay, and seniority. The person is entitled to use any paid leave available to the person or to use unpaid leave for the person's period of absence for military training.
Amended by 2023 Ch. 17, § 5, eff. 3/10/2023.
L. 55: p. 622, § 41. CRS 53: § 94-9-41. C.R.S. 1963: § 94-1-41. L. 2002: Entire section amended, p. 600, § 48, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-610 - Private employees - benefits retained

Such absence for military training will in no way affect the employee's right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position.
L. 55: p. 622, § 42. CRS 53: § 94-9-42. C.R.S. 1963: § 94-1-42. L. 2002: Entire section amended, p. 600, § 49, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-610.5 - Private employees - state service - reemployment rights - benefits retained

(1)
A private employee who is a duly qualified member of the Colorado National Guard who leaves or who is absent from the employee's employment, regardless of the length of the absence, in order to engage in active service for state purposes pursuant to section
28-3-104
:
(a)
Is entitled to the reemployment rights for members described in section
28-3-609
, so long as the employee otherwise meets the requirements of section
28-3-609
;
(b)
Retains the right to the employee benefits described in section
28-3-610
; and
(c)
Is entitled to use any paid leave available to the employee or to use unpaid leave.
Amended by 2023 Ch. 17, § 6, eff. 3/10/2023.
L. 97: Entire section added, p. 6, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-611 - Employer's noncompliance - actions

Any employer violating any of the provisions of this part 6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. In addition, the employee may bring an action at law for damages and reasonable attorney fees for such noncompliance or apply to the district court for such equitable relief and reasonable attorney fees as are just and proper under the circumstances.
L. 55: p. 622, § 43. CRS 53: § 94-9-43. C.R.S. 1963: § 94-1-43. L. 2002: Entire section amended, p. 589, § 15, effective May 24; entire section amended, p. 693, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 6 - PUBLIC AND PRIVATE EMPLOYEES - DUTIES (§§ 28-3-601 — 28-3-612) › Section 28-3-612 - Federal law - rights - applicability

Nothing in this article shall be construed as restricting or abrogating any right available to any officer or enlisted person of the military forces of the state under the federal "Uniformed Services Employment and Reemployment Rights Act",
38 U.S.C. sec. 4301
et seq.
L. 2002: Entire section added, p. 589, § 16, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-701 - Misuse of property and funds by military personnel - penalty

Any officer or enlisted person who refuses to account for and to surrender up any moneys or any uniforms or equipment or other military property for which he or she is responsible or accountable, or who appropriates the same to his or her own use, or who knowingly makes a false payroll or signs a false certificate which is the basis for the payment of moneys under this article, or who aids or abets another in any of these acts commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 55: p. 625, § 52. CRS 53: § 94-9-52. C.R.S. 1963: § 94-1-52. L. 77: Entire section amended, p. 881, § 56, effective 7/1/1979. L. 89: Entire section amended, p. 847, § 120, effective July 1. L. 2002: Entire section amended, p. 601, § 50, effective May 24; entire section amended, p. 1541, § 282, effective October 1.
(1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
(2) Amendments to this section by Senate Bill 02-099 and House Bill 02-1046 were harmonized.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-702 - Misuse of property - generally - penalty

Every person, whether a member of the military forces or not, who willfully destroys, damages, sells or disposes of, or buys or receives any arms, equipment, or accouterments issued by the United States or the state for the use of military forces or refuses to deliver or pay for the same upon lawful demand commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 492, eff. 3/1/2022.
L. 55: p. 625, § 53. CRS 53: § 94-9-53. C.R.S. 1963: § 94-1-53. L. 2021: Entire section amended, (SB 21-271), ch. 3245, p. 3245, § 492, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-703 - Property and fiscal officer - appointment - duties

The governor, pursuant to federal authority, shall appoint, designate, or detail an officer of the National Guard who shall be regarded as property and fiscal officer for the United States. The property and fiscal officer shall serve at the pleasure of the governor. The property and fiscal officer shall receipt and account for all funds and property belonging to the United States in possession of the National Guard of this state and shall make such returns and reports concerning the same as may be required by federal law and regulations. The property and fiscal officer shall render, through the United States department of defense, such accounts of federal funds entrusted to the property and fiscal officer for disbursement as may be required by the United States treasury department. Before entering upon the performance of the duties as property and fiscal officer, the property and fiscal officer shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by federal laws or regulations, for the faithful performance of the duties of the office and for the safekeeping and proper disposition of federal property and funds entrusted to the property and fiscal officer's care.
L. 55: p. 626, § 56. CRS 53: § 94-9-56. C.R.S. 1963: § 94-1-56. L. 95: Entire section amended, p. 320, § 3, effective April 21.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-704 - Uniforms and equipment - procurement and issuance

The National Guard shall be uniformed, armed, and equipped as provided by federal law. Such uniforms, arms, and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted for as regulations may prescribe.
L. 55: p. 626, § 57. CRS 53: § 94-9-57. C.R.S. 1963: § 94-1-57.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-705 - Uniforms and equipment - distribution and return

The commanding officer of an organization receiving clothing or equipment for the use of his or her command shall distribute the same to the members of his or her command, taking receipts and requiring the return of each article at such time and place as he or she directs.
L. 55: p. 626, § 58. CRS 53: § 94-9-58. C.R.S. 1963: § 94-1-58. L. 2002: Entire section amended, p. 601, § 51, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 7 - PROPERTY AND EQUIPMENT (§§ 28-3-701 — 28-3-706) › Section 28-3-706 - Deductions from pay - forfeitures - lost equipment

Legal fines or forfeitures and the value of any articles of uniform, arms, or equipment, whether state or federal, issued to any officer or enlisted person which he or she fails to return on demand of proper authority and for the loss of or damage to which he or she has been held responsible by a report of survey or other proper proceeding shall be deducted from such officer's or enlisted person's pay in the manner provided for in federal or state orders or regulations. Deductions from federal pay and allowances may only be made in the manner prescribed by federal law or regulation.
L. 55: p. 626, § 59. CRS 53: § 94-9-59. C.R.S. 1963: § 94-1-59. L. 2002: Entire section amended, p. 601, § 52, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 8 - SERVICE BENEFITS (§§ 28-3-801 — 28-3-802) › Section 28-3-801 - Disability and death benefits

A member of the military forces of the state of Colorado who dies or is disabled while in, or as a result of, active service on behalf of this state ordered by competent authority, which death or disability arises out of and in the course of his or her employment in the active service of the state of Colorado, is entitled to workers' compensation benefits in accordance with the provisions of the "Workers' Compensation Act of Colorado"; but no workers' compensation benefits shall be paid under this section in any case where similar benefits are payable under the provisions of any federal law or regulation.
L. 55: p. 625, § 54. CRS 53: § 94-9-54. C.R.S. 1963: § 94-1-54. L. 71: p. 1046, § 6. L. 90: Entire section amended, p. 571, § 59, effective July 1. L. 2002: Entire section amended, p. 601, § 53, effective May 24.
For the "Workers' Compensation Act of Colorado", see articles 40 to 47 of title 8.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 8 - SERVICE BENEFITS (§§ 28-3-801 — 28-3-802) › Section 28-3-802 - Unit funds

(1)
There is authorized to be created and maintained for each separate unit of the Colorado National Guard a unit fund. Expenditures from such unit fund shall be made in accordance with rules and regulations established by the adjutant general of the state of Colorado and applicable federal laws, rules, and regulations.
(2)
There is authorized to be deposited in each unit fund such moneys as may be received from gifts, bequests, contributions, including federal contributions, and such amounts as may be appropriated to such unit funds from the general fund of the state of Colorado.
L. 55: p. 625, § 55. CRS 53: § 94-9-5. C.R.S. 1963: § 94-1-55. L. 71: p. 1046, § 7. L. 2002: (2) amended, p. 589, § 17, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-901 - Organization assemblies and exercises

Each organization shall assemble for drill and instruction and shall participate in encampments, maneuvers, and other exercises at such time and places and for such periods as may be prescribed by the governor in accordance with the requirements of the state or federal law.
L. 55: p. 626, § 60. CRS 53: § 94-9-60. C.R.S. 1963: § 94-1-60.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-902 - Encampments, maneuvers, and parades

The governor may order the military forces or any part thereof into camp each year for such period as he or she may direct and shall also provide for their participation in encampments or field maneuvers at such places as may be designated by the federal government. The governor may, in his or her discretion, order such organizations as he or she may deem proper to parade for purposes of drill, review, or escort duty and prescribe all regulations and requirements therefor.
L. 55: p. 627, § 61. CRS 53: § 94-9-61. C.R.S. 1963: § 94-1-61. L. 2002: Entire section amended, p. 601, § 54, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-903 - Inspections

When so ordered by the governor, an inspection shall be made by such officer designated by the governor of all of the military forces of the state of Colorado, and such inspector shall report the number of troops present, the condition of their arms, equipment, and clothing, their proficiency, and such other information as may be required of or deemed proper by him or her. There shall be at least one inspection annually at such time and place as the governor designates. The forms and mode of inspection shall be prescribed by the adjutant general.
L. 55: p. 627, § 62. CRS 53: § 94-9-62. C.R.S. 1963: § 94-1-62. L. 2002: Entire section amended, p. 602, § 55, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-904 - Pay and allowances

Every member of the military forces not salaried as such must receive from the state, while engaged in any service ordered by the governor, pay and allowances at the rate paid or allowed by law to members of similar rank and length of service in the regular Army or regular Air Force of the United States, as the case may be, but each such member must receive at least the pay and allowances provided to an enlisted person in the military forces holding the rank of E-4 with over six years of service. Subject to available appropriations, after a member of the military forces has been engaged in service pursuant to this section for a period of more than thirty consecutive days, the member is eligible to enroll in any benefit plan created for employees of the state, including but not limited to state employee group benefits pursuant to part 6 of article
50
of title
24
and the public employees' retirement association created pursuant to article
51
of title
24
.
Amended by 2020 Ch. 24,§ 1, eff. 9/14/2020.
L. 55: p. 627, § 63. CRS 53: § 94-9-63. C.R.S. 1963: § 94-1-63. L. 71: p. 1046, § 8. L. 2005: Entire section amended, p. 662, § 4, effective May 27.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-905 - Insufficient funds - payment from general fund

In all cases where any of the military forces are called into active service by the governor and there are no funds otherwise appropriated or available therefor or where the appropriated funds, if any, are insufficient, the payrolls of officers and enlisted men and expense bills shall be audited by the adjutant general and paid upon the adjutant general's certificate out of the general revenue fund, and the necessary funds are hereby appropriated.
L. 55: p. 627, § 64. CRS 53: § 94-9-64. C.R.S. 1963: § 94-1-64. L. 93: Entire section amended, p. 30, § 1, effective March 18.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3 - NATIONAL GUARD (§§ 28-3-101 — 28-3-1704) › Part 9 - ORGANIZATION - ALLOWANCES - DRILLS (§§ 28-3-901 — 28-3-906) › Section 28-3-906 - Units - corporate structure and powers

(1)
Each federally recognized organization of the National Guard, without any further proceeding other than the filing with the secretary of state of a certificate by the adjutant general to that effect, constitutes a corporate body to be known by the name by which such organization is officially designated under the military laws and regulations of the state and shall possess all the powers necessary and convenient to accomplish the objects and perform the duties prescribed by law.
(2)
The members of such military organization in good standing, and no others, shall constitute the members of such corporation and shall elect three trustees who, together with the commanding officer, shall manage and administer the civil business of such corporation. The commanding officer shall be ex officio president, and the trustees shall elect one of their number vice-president, one treasurer, and one secretary.
(3)
Each such organization may take, by purchase, devise, gift, or otherwise, and hold, so long as such organization is an existing organization and a part of the National Guard, any property, real or personal. All such property shall be in the custody and control of the trustees provided for in subsection (2) of this section. Such organizations may sell, exchange, or otherwise dispose of property so acquired.
(4)
When any such organization is disbanded by proper authority, such corporation shall cease to exist, and all property belonging to it shall become the property of the state of Colorado and be devoted to such military uses as the adjutant general determines. Nothing in this section shall limit the authority vested in the officers of the organization by state or federal law.
L. 55: p. 627, § 65. CRS 53: § 94-9-65. C.R.S. 1963: § 94-1-65.