reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-103 - Employees - adult protective services data system check - publications

(1)
The head of the administrative division overseeing the Colorado mental health institute at Pueblo shall appoint or employ, pursuant to section 13 of article XII of the state constitution, such administrators, physicians, nurses, attendants, and additional employees as may be necessary for the proper conduct of said institute. The head of the administrative division may contract with the board of regents of the university of Colorado health sciences center or any other governing board of a state-supported institution of higher education for the provision of services by physicians and other health-care practitioners when deemed necessary for the proper conduct of the institute. During the performance of any duties by the physicians and other health-care practitioners for the department of human services, the physicians and other health-care practitioners are "public employees" as defined in section
24-10-103(4)
, C.R.S., and the limitation of section
24-30-1517(2)
, C.R.S., shall not apply.
(1.5)
On and after January 1, 2019, the head of the administrative division overseeing the Colorado mental health institute at Pueblo shall, prior to employment, submit the name of a person who will be providing direct care, as defined in section
26-3.1-101
(3.5), to an at-risk adult, as defined in section
26-3.1-101
(1.5), as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section
26-3.1-111
to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
(2)
Publications of the institute circulated in quantity outside the institute shall be subject to the approval and control of the executive director of the department of human services.
Amended by 2017 Ch. 272,§ 15, eff. 5/30/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 774, §2, effective April 29. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1506, § 15, effective May 31.
This section is similar to former § 27-13-103 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-104 - Authorized utilization of medical facilities at institute - equipment replacement fund

(1)
A person committed to the custody of or cared for in the department of human services or the department of corrections who requires medical care and treatment that can be advantageously treated by psychiatric, medical, or surgical care available at the Colorado mental health institute at Pueblo may be treated at the institute. Charges for patient care and treatment shall be made in the manner provided in article
92
of this title. A specific appropriation shall be made annually for the general medical division of the Colorado mental health institute at Pueblo, based upon projections of the total patient load and associated costs from all institutions, and the department of human services shall determine at least annually the per diem expenses and the actual utilization of the general medical division by each institution, including other divisions of the Colorado mental health institute at Pueblo.
(2)
A person under the care of or in the custody or control of an agency of the federal government whose psychiatric, medical, or surgical needs could be advantageously treated at the Colorado mental health institute at Pueblo may be treated at the institute pursuant to a contract between the institute and the agency of the federal government.
(3)
A contract entered into pursuant to subsection (2) of this section shall cover the full direct and indirect costs of services as determined by generally accepted accounting principles and shall include a fee to cover the need for replacement of existing equipment which would occur because of this additional use. All fees collected pursuant to this subsection (3) shall be collected by the Colorado mental health institute at Pueblo and shall be transmitted to the state treasurer, who shall credit the same to the equipment replacement fund, which fund is hereby created. Moneys in the equipment replacement fund shall be appropriated by the general assembly on an annual basis to the department of human services for replacement of existing equipment made necessary pursuant to this section.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 774, §2, effective April 29.
This section is similar to former § 27-13-109 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-105 - Alternative uses for institute facilities

The department of human services shall determine the existence of resources at the Colorado mental health institute at Pueblo that are in excess of the needs of the primary purpose of the institute and may make available to the regents of the university of Colorado, on mutually agreeable terms, a maximum of ten beds at the institute for the purpose of teaching students in the family practice medical training program conducted by and under the control of the regents. The resources shall be a supplement to any existing health-care resources and academic facilities in the region.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 775, §2, effective April 29.
This section is similar to former § 27-13-110 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-106 - Access to inpatient civil beds at institute

The department shall develop and implement admission criteria that ensures individuals, prior to being admitted, have been evaluated for the least restrictive level of care and that geographic location, current health-care provider, and payer type are not the primary determining factor in whether an individual has access to a civil inpatient bed.
Added by 2019 Ch. 226,§ 4, eff. 5/20/2019.
L. 2019: Entire section added, (SB 19-222), ch. 2266, p. 2266, § 4, effective May 20.
For the legislative declaration in SB 19-222, see section 1 of chapter 226, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-101 - Legislative declaration

In order to provide a program to promote mental health in the state of Colorado, a mental health center is established as provided in this article.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 775, §2, effective April 29.
This section is similar to former § 27-15-101 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-102 - Establishment of mental health center

(1)
There is hereby established at the site of Fort Logan, Denver county, Colorado, a mental health center to be known as the Colorado mental health institute at Fort Logan, referred to in this article as the "center". The center shall be under the general supervision and control of the department of human services.
(2)
All materials without limitation that contain the former names of the Colorado mental health institute at Fort Logan and the Colorado mental health institute at Pueblo shall be utilized to the maximum extent possible in the ordinary course of business before being replaced.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 775, §2, effective April 29.
This section is similar to former § 27-15-102 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-103 - Employees - adult protective services data system check - publications

(1)
The head of the administrative division overseeing the center shall appoint or employ, pursuant to section 13 of article XII of the state constitution, administrators, physicians, nurses, attendants, and additional employees as necessary for the proper conduct of the center. The head of the administrative division may contract with the board of regents of the university of Colorado health sciences center for the provision of services by physicians when deemed necessary for the proper conduct of the center, and during the performance of any duties by the physicians for the department of human services, the physicians are "public employees" as defined in section
24-10-103(4)
, C.R.S., and the limitation of section
24-30-1517(2)
, C.R.S., shall not apply.
(1.5)
On and after January 1, 2019, the head of the administrative division overseeing the center shall, prior to employment, submit the name of a person who will be providing direct care, as defined in section
26-3.1-101
(3.5), to an at-risk adult, as defined in section
26-3.1-101
(1.5), as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section
26-3.1-111
to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
(2)
Publications of the center circulated in quantity outside the center shall be subject to the approval and control of the executive director of the department of human services.
Amended by 2017 Ch. 272,§ 16, eff. 5/30/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 776, §2, effective April 29. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1506, § 16, effective May 31.
This section is similar to former § 27-15-103 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-104 - Capacity to take property

The center is authorized to receive gifts, legacies, devises, and conveyances of property, real and personal, that may be granted or given to the center. The executive director of the department of human services, with the approval of the governor, shall make disposition of such property as may be for the best interest of said center.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 776, §2, effective April 29.
This section is similar to former § 27-15-104 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-105 - Admissions to center - transfers - releases

(1)
A person who by law is committed to the department of human services for placement in a state hospital may be committed to or placed in the center upon order of a court of competent jurisdiction, except those persons committed to the Colorado mental health institute at Pueblo pursuant to a judicial determination of not guilty by reason of insanity and those persons committed under section
16-8-106(1)
, C.R.S., relating to commitments for observation and examination.
(2)
A person placed at the center may be transferred to the Colorado mental health institute at Pueblo, the Wheat Ridge regional center, the Grand Junction regional center, the Pueblo regional center, the Mount View school, or the Lookout Mountain school in accordance with law.
(3)
A person placed at the center may be released under such terms and conditions as would entitle him or her to his or her release from the Colorado mental health institute at Pueblo.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 776, §2, effective April 29.
This section is similar to former § 27-15-105 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-106 - Access to inpatient civil beds at center

The department shall develop and implement admission criteria that ensures individuals, prior to being admitted, have been evaluated for the least restrictive level of care and that geographic location, current health care provider, and payer type are not the primary determining factor in whether an individual has access to a civil inpatient bed.
Added by 2019 Ch. 226,§ 5, eff. 5/20/2019.
L. 2019: Entire section added, (SB 19-222), ch. 2266, p. 2266, § 5, effective May 20.
For the legislative declaration in SB 19-222, see section 1 of chapter 226, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 94 - COLORADO MENTAL HEALTH INSTITUTE AT FORT LOGAN (§§ 27-94-101 — 27-94-107) › Section 27-94-107 - Renovation for additional beds

(1)
The department of human services shall renovate a building at the center to add at least sixteen inpatient beds. The department shall spend or obligate all money appropriated for the renovation in accordance with section 24-75-226 (4)(d).
(2)
Initially, the beds may be used for persons needing competency services. When the wait list for competency services provided pursuant to section
16-8.5-111
is eliminated or trending so that it can be reasonably expected to be eliminated within one year, the department of human services shall implement a plan to transition the beds created in subsection (1) of this section to serve civil patients and immediately notify the joint budget committee of the general assembly. Within one year after the notification to the joint budget committee, all beds created pursuant to subsection (1) of this section must serve civil patients.
Amended by 2024 Ch. 429,§ 44, eff. 6/5/2024.
Added by 2022 Ch. 183, § 2, eff. 5/18/2022.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 1 - CIVIL AIR PATROL (§§ 28-1-101 — 28-1-106) › Section 28-1-101 - Colorado division of civil air patrol - publication - benefits

(1)
(a)
There is created and established in the department of military and veterans affairs the Colorado division of civil air patrol. The division is a
type 1
entity, as defined in section
24-1-105
. The mission of the division is to provide support for and facilitate the operation of the civil air patrol, Colorado wing, which is under the command and control of the duly appointed commanding officer of the wing. On and after July 1, 2004, the head of the division is appointed by the adjutant general acting on behalf of the governor and in consultation with the duly appointed commanding officer of the civil air patrol, Colorado wing. Warrants are drawn against appropriations made for the division upon vouchers issued and signed by the head of the division.
(b)
All active officers in the civil air patrol, Colorado wing, including the duly appointed commanding officer of the civil air patrol, Colorado wing, shall be eligible to be appointed as the head of the Colorado division of civil air patrol by the adjutant general.
(2)
Repealed.
(3)
Publications of the division circulated in quantity outside the executive branch, to be paid for in whole or in part out of state-appropriated funds, shall be issued in accordance with the provisions of section
24-1-136
, C.R.S.
(4)
Members of the civil air patrol, Colorado wing, shall be eligible for benefits under the "Workers' Compensation Act of Colorado". Premiums for such coverage shall be included in annual appropriations by the general assembly.
Amended by 2022 Ch. 469,§185, eff. 8/10/2022.
L. 45: p. 253, §§ 1-3. CSA: C. 17, § 34. CRS 53: § 5-2-1. C.R.S. 1963: § 5-2-1. L. 64: p. 122, § 20. L. 68: p. 136, § 169. L. 78: (4) added, p. 279, § 5, effective May 5. L. 83: (2) and (3) amended, p. 840, § 62, effective July 1. L. 90: (4) amended, p. 571, § 58, effective July 1. L. 96: (2) repealed, p. 1272, § 205, effective August 7. L. 2002: (1) amended, p. 360, § 20, effective July 1. L. 2004: (1) amended, p. 1882, § 1, effective June 4.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the legislative declaration contained in the 1996 act repealing subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 121, Session Laws of Colorado 2002. (2) 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) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 1 - CIVIL AIR PATROL (§§ 28-1-101 — 28-1-106) › Section 28-1-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Civil air patrol mission" means an actual emergency operational mission of the Colorado wing of civil air patrol that has been duly authorized under civil air patrol regulations, including, but not limited to, through the United States Air Force, the governor's office, or other political subdivision of the state that has the authority to authorize an emergency operational mission of the Colorado wing of the civil air patrol.
(2)
"Member" means a member of the civil air patrol, Colorado wing.
(3)
"Private employer" means an employer that is not the state or any political subdivision, municipal corporation, or other public agency of the state.
L. 2008: Entire section added, p. 608, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 1 - CIVIL AIR PATROL (§§ 28-1-101 — 28-1-106) › Section 28-1-103 - Civil air patrol - discrimination prohibited

An employer shall not discriminate against or discharge from employment any member of the civil air patrol because of such membership and shall not hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave pursuant to this article.
L. 2008: Entire section added, p. 608, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 1 - CIVIL AIR PATROL (§§ 28-1-101 — 28-1-106) › Section 28-1-105 - Private employees - leave of absence

(1)
Any member who is employed by a private employer and who is called to duty for a civil air patrol mission is entitled to a leave of absence from the member's private employment, other than employment of a temporary nature, for the time when the member is engaged in the civil air patrol mission. The leave allowed pursuant to this section shall not exceed a total of fifteen workdays in any calendar year, and the leave shall be allowed only if the member gives evidence to the employer of the satisfactory completion of the civil air patrol service.
(2)
The period of absence allowed pursuant to this section shall be construed as an absence with leave and without pay and shall in no way affect the member's rights to vacation, sick leave, bonus, advancement, or other employment benefits or advantages relating to and normally to be expected for the member's particular employment.
(3)
The leave allowed pursuant to subsection (1) of this section shall be allowed only if the member returns to his or her private employment as soon as practicable after being relieved from service for the civil air patrol mission.
(4)
The private employer of a member who takes leave from the member's employment in order to engage in a civil air patrol mission shall, upon the member's completion of the mission, restore the member to the position the member held prior to the leave of absence or to a similar position.
L. 2008: Entire section added, p. 609, § 1, effective August 5; (3) amended, p. 1912, § 120, effective August 5.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 1 - CIVIL AIR PATROL (§§ 28-1-101 — 28-1-106) › Section 28-1-106 - Employer's noncompliance - actions

If an employer violates any provision of this article, the aggrieved member may bring a civil action for damages or equitable relief or both. In any such civil action, the court shall award reasonable attorney fees and costs to the prevailing party.
L. 2008: Entire section added, p. 610, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › EMERGENCY PREPAREDNESS (§§ 28-1-101 — 28-2-101) › Article 2 - [Repealed] DISASTER EMERGENCY SERVICES (§ 28-2-101) › Section 28-2-101 - to 28-2-601 - [Repealed]

L. 83: Entire article repealed, p. 971, § 28, effective 7/1/1984.
This article was numbered as article 1 of chapter 24, C.R.S. 1963.
For current provisions relating to emergency management, see part 7 of article 33.5 of title 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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-102 - [Repealed]

L. 55: p. 606, § 2. CRS 53: § 94-9-2. C.R.S. 1963: § 94-1-2. L. 75: (1)(f) amended, p. 932, § 50, effective July 1. L. 2002: Entire section repealed, p. 584, § 2, effective May 24.
For current provisions concerning persons subject to military duty, see §28-4-103.5.
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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-104 - Commander in chief - staff

The governor shall be the commander in chief of the military forces except so much thereof as may be in the actual service of the United States and may employ the same for the defense or relief of the state, the enforcement of its laws, the protection of life and property therein, and the implementation of the Emergency Management Assistance Compact; for service in a national special security event or in situations involving imminent danger of emergency or disaster; and for the training of the military forces for all appropriate state missions. He or she shall make and publish regulations not inconsistent with law and enforce the provisions of this article. He or she may appoint a staff, consisting of an adjutant general as chief of staff and such other officers as he or she deems necessary if all such officers are federally recognized officers in their respective ranks in the National Guard of the state.
L. 55: p. 609, § 4. CRS 53: § 94-9-4. C.R.S. 1963: § 94-1-4. L. 2002: Entire section amended, pp. 585, 593, §§ 5, 27, effective May 24. L. 2009: Entire section amended, (HB 09-1325), ch. 315, p. 1702, §1, effective May 21.
Amendments to this section by sections 5 and 27 of Senate Bill 02-099 were harmonized.
For the "Emergency Management Assistance Compact", see part 29 of article 60 of title 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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-105 - Adjutant general - assistants

(1)
There is an adjutant general of the state who is appointed by the governor, with the advice and consent of the senate, who must be a staff officer, who at the time of appointment must be a commissioned officer of the National Guard of this state with not fewer than ten years' military service in the armed forces of this state or of the United States, at least five of which have been commissioned service in the Colorado National Guard, and who has attained the grade of lieutenant colonel or a higher grade with federal recognition in such grade at least one year prior to the individual's appointment as adjutant general. The adjutant general serves at the pleasure of the governor. The adjutant general is a
type 2
entity, as defined in section
24-1-105
.
(2)
The adjutant general shall be appointed to the rank of brigadier general or to such higher grade or rank as he or she may be federally recognized in.
(3)
The adjutant general shall receive as compensation such salary as the governor by order may prescribe, but such salary shall not exceed the pay and allowances as provided by law for an officer of similar rank and length of service in the regular Army or regular Air Force of the United States.
(4)
The adjutant general may appoint an assistant adjutant general for Army, an assistant adjutant general for air, and an assistant adjutant general for space. The adjutant general may appoint other assistant adjutant generals that may be authorized by the federal National Guard bureau or as authorized by the governor. In addition, the adjutant general may appoint any necessary administrative and clerical assistants.
(5)
No adverse personnel action shall be taken against an officer or enlisted member of the military forces as a consequence of communicating with any member of the general assembly.
Amended by 2022 Ch. 469,§186, eff. 8/10/2022.
L. 55: p. 609, § 5. CRS 53: § 94-9-5. C.R.S. 1963: § 94-1-5. L. 69: p. 868, § 2. L. 71: p. 1045, § 2. L. 95: (1) amended and (5) added, p. 319, § 2, effective April 21. L. 2002: (1), (2), and (4) amended, p. 594, § 28, effective May 24. L. 2003: (4) amended, p. 1907, § 1, effective August 6.
2022 Ch. 469, 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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-107 - Department of military and veterans affairs fund - creation

Any gifts, grants, and donations accepted by the adjutant general pursuant to section
28-3-106(1)(x)
shall be transmitted to the state treasurer, who shall credit the same to the department of military and veterans affairs fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be invested by the state treasurer as provided in sections
24-36-109
,
24-36-112
, and
24-36-113
, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. Moneys in the fund shall be continuously appropriated to the department for use by the adjutant general to carry out the functions and duties set forth in this title.
L. 2003: Entire section added, p. 1908, § 3, effective August 6.
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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-108 - Distance learning cash fund - creation

There is hereby created in the state treasury the distance learning cash fund, referred to in this section as the "fund", which shall consist of the cash fees generated by the public and private use of distance learning facilities pursuant to section
28-3-106(1)(y)
. The moneys in the fund shall be invested by the state treasurer as provided in sections
24-36-109
,
24-36-112
, and
24-36-113
, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. The moneys in the fund shall be continuously appropriated and shall be used to defray the costs associated with operating the distance learning facilities and equipment. Such costs shall include, but need not be limited to, repair, replacement, and salaries involved in the use of said facilities as well as the maintenance and operation of the facilities and equipment.
L. 2003: Entire section added, p. 1908, § 3, effective August 6.
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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-109 - Chargeable quarters and billeting cash fund - creation

There is hereby created in the state treasury the chargeable quarters and billeting cash fund, referred to in this section as the "fund", which shall consist of any moneys generated through the public or private use of the Colorado Army National Guard facilities managed pursuant to section
28-3-106(1)(q)
. The moneys in the fund shall be invested by the state treasurer as provided in sections
24-36-109
,
24-36-112
, and
24-36-113
, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. The moneys in the fund shall be continuously appropriated and shall be used to defray the costs associated with operating National Guard training facilities and associated quarters and billeting facilities. Such costs shall include, but need not be limited to, repair, replacement, and salaries involved in the use of the National Guard training facilities as well as the maintenance and operation of the National Guard training facilities.
L. 2011: Entire section added, (HB 11-1237), ch. 223, p. 957, §1, effective August 10.
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 1 - GENERAL AND ADMINISTRATIVE (§§ 28-3-101 — 28-3-110) › Section 28-3-110 - Electric vehicle service equipment fund - created - use of fund - gifts, grants, and donations - definitions

(1)
The electric vehicle service equipment fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund to defray the costs associated with operating electric vehicle services equipment including costs of facilities' electricity, installation, repair, warranties, replacement, operation of network service, maintenance, and salaries involved in the use of facilities with electric vehicle service equipment.
(2)
The state treasurer shall credit all money received by the department from charges imposed by the department on persons charging electric vehicles using electric vehicle service equipment provided by the department at any National Guard facility.
(3)
The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (3). The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Electric vehicle service equipment" means electric vehicle charging systems, as defined in section
38-33.3-106.8 (7)
, and other electrical equipment installed on site to support electric vehicle charging.
(b)
"Fund" means the electric vehicle service equipment fund created in subsection (1) of this section.
Added by 2023 Ch. 81,§ 1, eff. 4/17/2023.
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 2 - ORGANIZATION (§§ 28-3-201 — 28-3-204) › Section 28-3-201 - Composition

The Colorado National Guard consists of the regularly enlisted militia within the ages prescribed by federal law and regulations, organized, armed, and equipped as provided in this article 3, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. "National Guard" applies only to militia organized as provided for in this article 3 and authorized by federal law and regulations relating to the National Guard. The number of officers and enlisted personnel of the National Guard must be fixed from time to time and organized so as to meet the requirements of the federal laws and regulations. The Colorado National Guard is a
type 2
entity, as defined in section
24-1-105
.
Amended by 2022 Ch. 469,§187, eff. 8/10/2022.
L. 55: p. 614, § 7. CRS 53: § 94-9-7. C.R.S. 1963: § 94-1-7.
2022 Ch. 469, 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 2 - ORGANIZATION (§§ 28-3-201 — 28-3-204) › Section 28-3-202 - Organization of inactive guard

The inactive National Guard shall be organized and maintained under such rules and regulations as may be prescribed in accordance with federal law.
L. 55: p. 614, § 8. CRS 53: § 94-9-8. C.R.S. 1963: § 94-1-8.
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 2 - ORGANIZATION (§§ 28-3-201 — 28-3-204) › Section 28-3-203 - Organization of National Guard

The organization of the National Guard, including the composition of all units thereof, shall be such as is or may be prescribed for this state by federal law.
L. 55: p. 614, § 9. CRS 53: § 94-9-9. C.R.S. 1963: § 94-1-9.
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 2 - ORGANIZATION (§§ 28-3-201 — 28-3-204) › Section 28-3-204 - Call to federal duty - status

When congress has declared a national emergency or has authorized the use of the armed forces of the United States for any purpose requiring the use of troops in excess of those in the regular armed services and the president has ordered into the active military service of the United States, to serve therein for the period of the war or emergency, any units and members of the National Guard of this state, all forces so ordered into the active military service of the United States shall from the date thereof stand relieved from duty in the National Guard of this state so long as they remain in the active military service of the United States when so provided by the federal law. Upon being relieved from such duty in the military service of the United States, all such individuals and units shall revert to their Colorado National Guard status.
L. 55: p. 614, § 10. CRS 53: § 94-9-10. C.R.S. 1963: § 94-1-10.
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 28-3-301 - State staff - number and grades

The state headquarters shall contain a staff and detachment and shall be divided into a department of the Army and a department of the Air Force. Each department shall be commanded by an officer of the Colorado National Guard. Said officer may be appointed by the governor to the rank of brigadier general or to such higher rank in which he or she may be federally recognized. The number and grades of all other officers and enlisted men and women in the state staff and detachment shall be as prescribed by federal or state law, but, in case of war, invasion, insurrection, riot, or imminent danger of any such emergency, the governor may temporarily increase such forces to meet such emergency, and retired officers who are physically qualified may be assigned to such duty.
L. 55: p. 615, § 11. CRS 53: § 94-9-11. L. 58: p. 256, § 1. C.R.S. 1963: § 94-1-11. L. 71: p. 1045, § 3. L. 2002: Entire section amended, p. 595, § 30, 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 28-3-302 - Appointment of officers

The officers of the state staff and detachment shall be selected and appointed by the adjutant general and commissioned by the governor if such appointees at the time of appointment shall have been, for at least three years immediately prior to appointment, a regularly commissioned officer of the National Guard; except that, where there is no qualified person in the National Guard available to fill a vacancy on the staff, an appointment may be made by the adjutant general if the individual so appointed qualifies for a commission pursuant to section
28-3-303
.
L. 55: p. 615, § 12. CRS 53: § 94-9-12. C.R.S. 1963: § 94-1-12.
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 28-3-303 - Qualifications of officers

Officers of the National Guard shall not be commissioned as such unless they have been selected from the classes of persons having the qualifications prescribed by federal law and have taken and subscribed to the oath of office prescribed by congress.
L. 55: p. 615, § 13. CRS 53: § 94-9-13. C.R.S. 1963: § 94-1-13.
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 28-3-304 - Commissions - examinations - assignments

Any person appointed, promoted, and commissioned on or after April 14, 1955, as an officer of the National Guard shall successively pass such examinations and tests as to his or her physical, moral, and professional fitness as are prescribed by federal law. Officers shall be commissioned by the governor, and the commissions shall designate the armed service, staff corps, or department in which they are appointed. They will be assigned to duty within each organization by the immediate commander thereof.
L. 55: p. 615, § 14. CRS 53: § 94-9-14. C.R.S. 1963: § 94-1-14. L. 71: p. 1046, § 4. L. 2002: Entire section amended, p. 596, § 31, 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 28-3-305 - Officers' duties - administer oaths

In addition to the powers and duties prescribed in this part 3, all officers of the National Guard shall have the same duties as officers of similar rank and position in the United States Army or the United States Air Force, as the case may be, insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
L. 55: p. 616, § 15. CRS 53: § 94-9-15. C.R.S. 1963: § 94-1-15.
For officers' powers to perform notarial acts, see § 24-12-104.
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 28-3-306 - Federal duty as continuous service

Service by any person in the United States volunteers or in any of the armed forces of the United States in time of war, insurrection, or rebellion shall be considered as continuous service in the National Guard for all purposes regarding privileges and exemptions provided by law for members of the National Guard, by enlistment or commission, but the continuous service for an officer shall include only the time he or she was commissioned as such.
L. 55: p. 616, § 16. CRS 53: § 94-9-16. C.R.S. 1963: § 94-1-16. L. 2002: Entire section amended, p. 596, § 32, 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 28-3-307 - Supplies - indemnity bonds - depots

Arms, ammunition, equipment, and stores shall be issued to the proper officers of each organization upon requisition as prescribed by federal law. The governor may require of the accountable officers such bonds as he or she deems necessary for securing the care and safety of property so issued and shall allow them sufficient money to insure such property against fire when so required by the federal government. He or she may also allow them sufficient money to establish and maintain depots approved by him or her and to pay for transportation, handling, and care of such property, which allowance shall be paid out of the moneys appropriated or designated for the purchase of supplies for the National Guard. The adjutant general, with the approval of the governor, shall obtain and pay for, out of the military fund, an adequate indemnity bond covering all of the officers of the National Guard responsible for moneys and military property.
L. 55: p. 616, § 17. CRS 53: § 94-9-17. C.R.S. 1963: § 94-1-17. L. 2002: Entire section amended, p. 596, § 33, 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 28-3-308 - Resignation of officers

Commissioned officers and warrant officers may resign in such manner and under such circumstances as may be provided by federal laws or regulations.
L. 55: p. 616, § 18. CRS 53: § 94-9-18. C.R.S. 1963: § 94-1-18.
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 3 - OFFICERS (§§ 28-3-301 — 28-3-316) › Section 28-3-309 - Officer's fitness - vacation of commissions

The moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board as provided by federal law. Commissions or warrants of officers of the National Guard may be vacated upon resignation, absence without leave for three months, the recommendation of an efficiency board pursuant to sentence of a court-martial, permanent removal from the state, termination of federal recognition, or transfer to another reserve component.
L. 55: p. 616, § 19. CRS 53: § 94-9-19. C.R.S. 1963: § 94-1-19. L. 71: p. 1046, § 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 3 - OFFICERS (§§ 28-3-301 — 28-3-316) › Section 28-3-310 - Disbandment - surplus officers - disposition

Officers of the National Guard rendered surplus by the disbandment of their organization shall be disposed of as provided by federal law.
L. 55: p. 617, § 20. CRS 53: § 94-9-20. C.R.S. 1963: § 94-1-20.
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 28-3-311 - Officers - inactive status - procedure

Officers may, upon their own application, be placed in the inactive National Guard as may be authorized by federal law.
L. 55: p. 617, § 21. CRS 53: § 94-9-21. C.R.S. 1963: § 94-1-21.
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 3 - OFFICERS (§§ 28-3-301 — 28-3-316) › Section 28-3-312 - Retirement of officers

Officers may voluntarily retire and be placed on the retirement list if they have qualified for such retirement under the provisions of federal law. Officers may be involuntarily retired and placed on the retirement list if under federal law such retirement becomes mandatory.
L. 55: p. 617, § 22. CRS 53: § 94-9-22. C.R.S. 1963: § 94-1-22.
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 28-3-313 - Termination of commission - recall

Commissions of National Guard officers shall be terminated as provided by federal law, but, in time of war or other declared emergency, any officer who reaches retirement age may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be continued in the active service of the state defense force in his or her then grade and assignment for the duration of the war or emergency and for six months thereafter.
L. 55: p. 617, § 23. CRS 53: § 94-9-23. C.R.S. 1963: § 94-1-23. L. 86: Entire section amended, p. 1016, § 9, effective May 3. L. 2002: Entire section amended, p. 596, § 34, 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 28-3-314 - Roll of retired officers

Any commissioned officer of the National Guard who resigns or is retired and who has served as such officer for a period of not less than fifteen years, and any commissioned officer of the National Guard who has been honorably discharged from any of the armed forces of the United States after serving therein for a period of ninety days or more during any war and who has served as such officer of the National Guard for a period of not less than ten years, and any commissioned officer of the National Guard who becomes disabled and thereby incapable of performing the duties of his or her office shall, upon retirement, have his or her name placed on a roll in the office of the adjutant general to be known as the "roll of retired officers" and is thereby entitled to wear, when not in conflict with federal law, on state or other occasions of ceremony, the uniform of the rank last held by him or her.
L. 55: p. 617, § 24. CRS 53: § 94-9-24. C.R.S. 1963: § 94-1-24. L. 2002: Entire section amended, p. 597, § 35, effective May 24.