National Guard

C.R.S. tit. 28, art. 3
in effect

C.R.S. § 28-3-101 Definitions

28-3-101. Definitions. As used in this article 3, unless the context otherwise requires: (1) "Active service" means full-time service on behalf of the state when ordered by competent authority. (2) "Armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard of the United States. (3) "Board" means the Colorado board of veterans affairs. (4) "County veterans service officer" means any person appointed to serve as such pursuant to section 28-5-801. (5) "Department" means the department of military and veterans affairs created and existing pursuant to section 24-1-127, C.R.S. (6) "Director" means the director of the division of veterans affairs. (7) "Division" or "division of veterans affairs" means the division of veterans affairs created and existing within the department of military and veterans affairs. (8) "In the service of the United States" and "not in the service of the United States" mean the same as such terms are used in the "National Defense Act of Congress", approved June 3, 1916, and amendments thereto. (9) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver. (10) "Military forces" includes the federally recognized National Guard and any other organizations or components of the organized militia as may be created by the governor pursuant to federal or state law. (11) "Military service" means service in any of the armed forces of the state of Colorado or the United States. (12) "National Guard" includes the Army National Guard and the Air National Guard. (13) "On duty" includes periods of drill and such other training and service as may be required under state or federal law, regulations, or orders. (13.5) "Saboteur" means a person who intentionally destroys, damages, moves, or interferes with any property with reasonable grounds to believe that the act will interfere with the preparation of the United States or any state for defense or for war or with the prosecution of war by the United States. (13.7) "Terrorist" means a person who has engaged in, or is suspected of engaging in, acts of terrorism, as that term is defined in 18 U.S.C. sec. 3077 (1), as amended. (14) "Trust fund" means the Colorado state veterans trust fund created in section 28-5-709. (15) "Veteran" means a person who served in the active military, naval, or air service of the United States, and who was discharged or released therefrom under conditions other than dishonorable.

C.R.S. § 28-3-102 Persons subject to military duty

28-3-102. Persons subject to military duty. (Repealed)

C.R.S. § 28-3-103 General provisions

28-3-103. General provisions. (1) In case the United States is at war or in case of any other emergency declared by the president or the congress of the United States or by the governor or the general assembly of this state, any organization, unit, or detachment of the military forces of this state, by direction of the governor and upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces beyond the border of this state into another state until they are apprehended or captured by such organization, unit, or detachment or until the military or police forces of such other state or the forces of the United States have had a reasonable opportunity to pick up the pursuit or to apprehend or capture the persons pursued, if such other state has given authority by law for such pursuit by such forces of this state. Except as provided by law, any person who is apprehended or captured in another state by any of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he or she is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state. (2) Any military forces of another state who are in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued, and the pursuing forces may arrest or capture such persons within this state while in fresh pursuit. Any such persons who are captured or arrested by the military forces of such other state while in this state shall, without unnecessary delay, be surrendered to the military or police forces of this state to be dealt with according to law. (3) This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful nor to repeal or prevent the application of any of the provisions of sections 16-3-104 and 16-3-106, C.R.S. (4) The intent of this article and all acts of the state affecting the military forces is to conform to all acts and regulations of the United States affecting the same subjects, and all acts of the state shall be construed to effect this purpose, and anything to the contrary shall be held null and void so long as the subject matter has been acted on by the United States, and, upon any subject not acted upon with reference to these matters by United States authority, any act of the state shall be in full force and effect. Nothing in this subsection (4) shall be construed to limit in any way the application of this article to the discipline of the Colorado National Guard when on "active service" or "on duty" as defined in section 28-3-101. (5) All matters relating to the organization, discipline, and government of the military forces not otherwise provided for in this article shall be decided by the custom, regulations, and usage of the appropriate service of the armed forces of the United States. (6) The military forces of the state of Colorado shall be divided into two classes - the organized militia and the unorganized militia. (7) The organized militia shall consist of the following: (a) The federally recognized National Guard; and (b) The state defense force. (8) The unorganized militia shall consist of all other members of the military forces. (9) Consistent with federal law, women may enlist in the state military forces in the same manner as men and shall be appointed by the governor in the same manner as men. While so serving in the state military forces, women shall have the same status as male members of the state military forces, consistent with federal law.

C.R.S. § 28-3-104 Commander in chief - staff

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.

C.R.S. § 28-3-105 Adjutant general - assistants

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.

C.R.S. § 28-3-106 Powers and duties of adjutant general

28-3-106. Powers and duties of adjutant general. (1) The adjutant general has the following powers and duties: (a) The adjutant general shall be the chief of staff to the commander in chief and the administrative head of the department of military and veterans affairs. Whenever any law of this state refers to the military department, said law shall be construed as referring to the department of military and veterans affairs. (b) He or she shall have custody of all military records, correspondence, and other military documents. He or she shall be the medium of military correspondence with the governor and perform all other duties pertaining to his or her office prescribed by law. (c) The adjutant general shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general. (d) He or she shall make and transmit to the federal government such reports and returns as are required by the laws of the United States. (e) He or she shall, when necessary and pursuant to the provisions of section 24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be reproduced and distributed to the commissioned officers and the several organizations of the National Guard. (f) He or she shall cause to be prepared and issued all necessary books, blanks, and notices required to carry into full effect the provisions of the military code. All such books and blanks are the property of the state. (g) The seal of office of the adjutant general shall contain the coat of arms of the state with the words added thereto "State of Colorado, Adjutant General's Office", and said seal shall be delivered by him or her to his or her successor. All orders issued from his or her office shall be authenticated with said seal. The adjutant general shall attest to all commissions issued to officers of the military forces. (h) He or she shall superintend the preparation of all returns and reports required by the United States from the state on military matters. (i) In the absence of the adjutant general or temporary inability to perform his or her duties as adjutant general, he or she shall appoint, with the consent of the governor, an officer of the National Guard to perform the duties prescribed for the adjutant general. Should the adjutant general be absent or unable to perform his or her duties for a period of six months or more, it shall be considered cause to justify his or her removal. Removal under this paragraph (i) shall be at the sole discretion of the governor. (j) He or she shall prescribe such regulations not inconsistent with law as will increase the discipline and efficiency and will preserve and protect the property of the military forces of the state of Colorado. These regulations, as prepared by the adjutant general and approved by the governor, shall be published in orders, and the governor, when in his or her judgment it is necessary, may order the adjutant general to revise and amend these regulations. The regulations required by this paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S. (k) He or she shall submit a budget respecting the military forces for the ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded. (l) He or she shall keep the papers, volumes, and records of the department in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required. r she shall submit a budget respecting the military forces for the ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded. (l) He or she shall keep the papers, volumes, and records of the department in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required. (m) He or she shall attend to the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States. All military property of the state which, after proper inspection, is found unsuitable for the use of the state, under the direction of the governor, shall be disposed of by the adjutant general at public auction or by inviting bids after suitable advertisement of the sale daily for ten days in at least one newspaper published in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor or, with the approval of the governor, may be turned over to any other department, board, or commission of the state government by which it can be used. Such department, board, or commission of the state government shall reimburse the military fund for the reasonable value of the property so received. He or she shall bid on the property or suspend the sale when in his or her opinion better prices may or should be obtained. He or she shall from time to time render to the governor a just and true account of the sales made by him or her and shall deposit the proceeds of the same in the military fund. (n) He or she shall not issue or cause to be issued military property to persons or organizations other than those belonging to the National Guard, except in cases of emergency and then only on written approval of the governor. (o) All purchases, with the exception of emergency purchases, shall be made through the executive director of the department of personnel in the manner provided by law. All property purchased under the authority granted shall be inspected by an inspector or an officer detailed for that purpose by the adjutant general, and no payment shall be made therefor until it appears by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of emergency, the governor may suspend the operation of this paragraph (o) and direct the adjutant general in writing to purchase such military property as may be required in the open market. The governor shall report such actions with the reasons therefor and statement of the property purchased and the prices paid therefor to the general assembly at its next session. All payments shall be made by voucher drawn upon the military fund of the state upon such form as may be provided by the controller of the state of Colorado. Each voucher shall show the attestation of the adjutant general that it is within the budget as approved by the governor. (p) He or she shall employ such clerks, laborers, and other force as may be required for his or her office, other departments, armories, and properties of the National Guard, and, in all cases of employment under this provision, a preference shall be extended to members of the National Guard. The pay of such clerks and other force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces. r force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces. (q) The adjutant general shall have charge of the campgrounds and military reservations of the state and shall be responsible for the protection and safety thereof, and the adjutant general shall promulgate regulations for the maintenance of order thereon, for the enforcement of traffic rules, and for all other lawful regulations as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations. The adjutant general shall keep in repair all state buildings and other improvements thereon and may make such sound improvements thereon as the good of the service requires. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section. (r) The adjutant general, by and with the advice and approval of the governor, is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for the use of the state of Colorado such buildings, lands, tenements, and appurtenances thereof as may be from time to time deemed necessary for use by the National Guard. All titles shall be taken in the name of the governor of the state of Colorado for the use of the National Guard. Any purchase of such buildings or other real property or any capital construction performed on real property purchased or held by the state of Colorado for the use of the National Guard is subject to the provisions of part 13 of article 3 of title 2 concerning capital development. Prior to acquiring any real property pursuant to the provisions of this subsection (1)(r), the adjutant general shall submit a report to the capital development committee which describes the anticipated use of such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations which may restrict the use of such real property, and any potential liability to the state which could result from acquiring such real property. The capital development committee shall review any such report which is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property acquisition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section. omplete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section. (s) (I) If, in the judgment of the adjutant general, any real estate that has been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period. capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period. (II) The adjutant general may dispose of real estate acquired but unsuitable for military purposes for less than its appraised value when the disposition is to an agency of state government. The adjutant general shall not be required to have an appraisal performed in order to complete such disposition. In the event an offer has been made to purchase such real estate for more than its appraised value, prior to any disposition the adjutant general shall give due consideration to the terms of the offer and to any cost savings to the state which would result from a transfer of such real estate to a state agency. (III) Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this section to the general fund. (IV) On April 1, 2023, the state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the general fund to the account specified in subsection (1)(s)(I) of this section. (t) Repealed. (u) He or she shall prescribe the rules and regulations described in section 23-7.4-302 (7). (v) The adjutant general shall ensure that the department complies with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department. (w) Repealed. (x) The adjutant general is authorized to accept gifts, grants, or donations of any kind from any private source or from any governmental unit in order to carry out the functions and duties set forth in this title subject to the conditions upon which the gifts, grants, or donations are made; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund unless such expenditures are approved by the general assembly. (y) The adjutant general may make available for public or private use any distance learning audio and video facilities located within the state. Such public or private use shall be subject to reasonable fees for the costs, including repair, replacement, and salaries involved in the use of the facilities, as well as maintenance and operation of the facilities and equipment.

C.R.S. § 28-3-107 Department of military and veterans affairs fund - creation

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.

C.R.S. § 28-3-108 Distance learning cash fund - creation

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.

C.R.S. § 28-3-109 Chargeable quarters and billeting cash fund - creation

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.

C.R.S. § 28-3-110 Electric vehicle service equipment fund - created - use of fund - gifts, grants, and donations - definitions

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.

C.R.S. § 28-3-201 Composition

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.

C.R.S. § 28-3-202 Organization of inactive guard

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.

C.R.S. § 28-3-203 Organization of National Guard

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.

C.R.S. § 28-3-204 Call to federal duty - status

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.

C.R.S. § 28-3-301 State staff - number and grades

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.

C.R.S. § 28-3-302 Appointment of officers

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.

C.R.S. § 28-3-303 Qualifications of officers

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.

C.R.S. § 28-3-304 Commissions - examinations - assignments

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.

C.R.S. § 28-3-305 Officers' duties - administer oaths

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.

C.R.S. § 28-3-306 Federal duty as continuous service

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.

C.R.S. § 28-3-307 Supplies - indemnity bonds - depots

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.

C.R.S. § 28-3-308 Resignation of officers

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.

C.R.S. § 28-3-309 Officer's fitness - vacation of commissions

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.

C.R.S. § 28-3-310 Disbandment - surplus officers - disposition

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.

C.R.S. § 28-3-311 Officers - inactive status - procedure

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.

C.R.S. § 28-3-312 Retirement of officers

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.

C.R.S. § 28-3-313 Termination of commission - recall

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.

C.R.S. § 28-3-314 Roll of retired officers

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.

C.R.S. § 28-3-315 Retired officers - warrant officers - limited assignments

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.

C.R.S. § 28-3-316 Brevet commissions

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.

C.R.S. § 28-3-401 Enlistment periods - extensions

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.

C.R.S. § 28-3-402 Enlistment contract - form - oath

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.

C.R.S. § 28-3-403 Group enlistments barred - when

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.

C.R.S. § 28-3-404 Honorable discharge

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.

C.R.S. § 28-3-405 Dishonorable discharge

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.

C.R.S. § 28-3-406 Exemption from arrest or civil process

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.

C.R.S. § 28-3-407 Retired noncommissioned officers - limited assignments

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.

C.R.S. § 28-3-501 Nonliability for official acts

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.

C.R.S. § 28-3-502 Actions against military personnel - defense counsel

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.

C.R.S. § 28-3-503 Actions against military personnel - cost bond

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.

C.R.S. § 28-3-504 Exemption from traffic regulations

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.

C.R.S. § 28-3-505 Discrimination - public places and common carriers - penalty

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.

C.R.S. § 28-3-506 Discrimination against employment - penalty

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.

C.R.S. § 28-3-507 Interference with duty - arrest - penalty

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.

C.R.S. § 28-3-601 Public employees - annual military leave

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.

C.R.S. § 28-3-602 Public employees - extended military leave

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.

C.R.S. § 28-3-603 Public employees - emergency military leave

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.

C.R.S. § 28-3-604 Reinstatement

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.

C.R.S. § 28-3-605 Public officer - certificate for reinstatement

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.

C.R.S. § 28-3-606 Public pension rights retained

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.

C.R.S. § 28-3-607 Public employees - substitute during service

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.

C.R.S. § 28-3-608 Sections supplemental

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.

C.R.S. § 28-3-609 Private employees - annual military leave

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.

C.R.S. § 28-3-610 Private employees - benefits retained

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.

C.R.S. § 28-3-610.5 Private employees - state service - reemployment rights - benefits retained

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.

C.R.S. § 28-3-611 Employer's noncompliance - actions

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.

C.R.S. § 28-3-612 Federal law - rights - applicability

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.

C.R.S. § 28-3-701 Misuse of property and funds by military personnel - penalty

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.

C.R.S. § 28-3-702 Misuse of property - generally - penalty

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.

C.R.S. § 28-3-703 Property and fiscal officer - appointment - duties

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.

C.R.S. § 28-3-704 Uniforms and equipment - procurement and issuance

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.

C.R.S. § 28-3-705 Uniforms and equipment - distribution and return

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.

C.R.S. § 28-3-706 Deductions from pay - forfeitures - lost equipment

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.

C.R.S. § 28-3-801 Disability and death benefits

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.

C.R.S. § 28-3-802 Unit funds

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.

C.R.S. § 28-3-901 Organization assemblies and exercises

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.

C.R.S. § 28-3-902 Encampments, maneuvers, and parades

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.

C.R.S. § 28-3-903 Inspections

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.

C.R.S. § 28-3-904 Pay and allowances

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.

C.R.S. § 28-3-905 Insufficient funds - payment from general fund

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.

C.R.S. § 28-3-906 Units - corporate structure and powers

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.

C.R.S. § 28-3-1202 Meritorious conduct medal

28-3-1202. Meritorious conduct medal. The department may award a medal, designated as the "meritorious conduct medal", to any person serving in any capacity in or with the department, including in or with the Colorado National Guard, who, when on any duty status except federal service, distinguishes himself or herself by extraordinary heroism or by saving the life of another by physical action or by providing substantial medical treatment of an injury that, had treatment not been administered, would have resulted in the person's death. A second or subsequent award is denoted by a bronze oak-leaf cluster.

C.R.S. § 28-3-1203 Meritorious service medal

28-3-1203. Meritorious service medal. The department may award a medal, designated as the "meritorious service medal", to any person serving in any capacity in or with, or any person acting in support of, any division or office of the department, including the Colorado National Guard, who, when on any duty status except federal service, distinguishes himself or herself by exceptionally meritorious service to the department.

C.R.S. § 28-3-1204 Active service medal

28-3-1204. Active service medal. The department may award a medal, designated as the "active service medal", to any person who is not a member of the military and who has served in or with any division or office of the department, including in the Colorado National Guard in state or federal service, for a period of ten years. The ten years of service do not need to be consecutive. For each subsequent period of ten years of service, the department may award the individual a bronze knot to be worn on the ribbon of the medal.

C.R.S. § 28-3-1204.5 Colorado legion of merit medal

28-3-1204.5. Colorado legion of merit medal. (1) (a) The department may award a medal, designated as the "Colorado legion of merit medal", to any member of the department, including the Colorado National Guard, who has rendered service in a clearly exceptional, unprecedented, or superior manner in support of the department and who has served in a position of senior leadership or senior command, has demonstrated significant responsibility, served in a position of extremely difficult duty, or was a key individual in mission or duty success. (b) The department may present the Colorado legion of merit medal upon the member's retirement or the completion of any assignment, mission, or service. (2) The adjutant general may award the Colorado legion of merit medal to a person who is not a member of the department who has rendered service in a clearly exceptional, unprecedented, or superior manner in support of the department.

C.R.S. § 28-3-1205 Lapel button

28-3-1205. Lapel button. The department shall, upon request and without cost, give a lapel button denoting membership in the Colorado National Guard to any actively participating officer and enlisted person.

C.R.S. § 28-3-1206 Medals and lapel buttons - design - issue

28-3-1206. Medals and lapel buttons - design - issue. The design, procurement, and regulations governing the issue of the medals and lapel buttons provided for in this article shall be as prescribed by the governor in orders through the office of the adjutant general.

C.R.S. § 28-3-1207 Cost of medals and lapel buttons

28-3-1207. Cost of medals and lapel buttons. The necessary amounts to defray the costs of providing the medals and lapel buttons authorized by this article shall be deemed a proper charge against the appropriation for the support of the department.

C.R.S. § 28-3-1208 Noncommissioned officer/soldier/airman of the year ribbon

28-3-1208. Noncommissioned officer/soldier/airman of the year ribbon. (Repealed)

C.R.S. § 28-3-1209 Commendation ribbon

28-3-1209. Commendation ribbon. A ribbon, designated as the "commendation ribbon", shall be awarded to any member of the National Guard of Colorado and to any other persons who have distinguished themselves either by exceptional service to the state of Colorado or by accomplishment of a special act or deed reflecting credit upon the state of Colorado and the National Guard of Colorado.

C.R.S. § 28-3-1210 Achievement ribbon

28-3-1210. Achievement ribbon. A ribbon, designated as the "achievement ribbon", shall be awarded to provide recognition to members of the National Guard of Colorado and other persons who have, through their own individual outstanding and exemplary actions, attitude, efforts, and service, contributed to the safekeeping and welfare of citizens of the state of Colorado, the preservation of public and private property, and the improvement of the readiness posture of the National Guard of Colorado or who have accomplished a particularly significant or noteworthy achievement or deed reflecting great credit upon the individual or individuals and the state of Colorado.

C.R.S. § 28-3-1211 Adjutant general's outstanding unit citation

28-3-1211. Adjutant general's outstanding unit citation. A ribbon, designated as the "adjutant general's outstanding unit citation", shall be awarded for outstanding meritorious performance, on or after June 1, 1995, by any unit assigned to the National Guard of Colorado. Said unit shall display superior performance of an exceptionally difficult task deemed extraordinary and not representing the normal day-to-day circumstances, that sets it apart from other units with similar missions and circumstances.

C.R.S. § 28-3-1212 State emergency service ribbon

28-3-1212. State emergency service ribbon. A ribbon, designated as the "state emergency service ribbon", shall be awarded to any member of the National Guard of Colorado who is called to state duty in either an active or supportive role for a period of at least one day during a crisis within the state of Colorado, during which crisis the welfare of the residents of Colorado is in peril and where the preservation or protection of public and private property is required.

C.R.S. § 28-3-1213 Foreign deployment service ribbon

28-3-1213. Foreign deployment service ribbon. (Repealed)

C.R.S. § 28-3-1214 State mobilization support ribbon

28-3-1214. State mobilization support ribbon. (Repealed)

C.R.S. § 28-3-1215 Recruiting ribbon

28-3-1215. Recruiting ribbon. A ribbon, designated as the "recruiting ribbon", shall be awarded to an individual in the National Guard who secures enlistment or appointment of at least three individuals within one year or at least five individuals within a period of five years to the National Guard of Colorado.

C.R.S. § 28-3-1301 Legislative declaration

28-3-1301. Legislative declaration. The general assembly hereby finds and declares that drug abuse and drug trafficking are matters of statewide concern and further declares that the state should take advantage of assistance offered by the National Guard in fighting against the spread of drug trafficking and abuse in the state.

C.R.S. § 28-3-1302 Commander in chief - order for plan

28-3-1302. Commander in chief - order for plan. The governor, as commander in chief, shall order the adjutant general of the National Guard to prepare, in cooperation with the Colorado bureau of investigation, a drug interdiction and enforcement plan for submission to the secretary of defense of the United States.

C.R.S. § 28-3-1303 Drug interdiction and enforcement plan - requirements

28-3-1303. Drug interdiction and enforcement plan - requirements. (1) The drug interdiction and enforcement plan required by this part 13 shall be in compliance with the provisions set forth in Pub.L. 100-456, section 1105, and shall specifically request the secretary of defense to provide sufficient funds for the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard when utilized in conjunction with the plan. The plan shall specify that such funds are to be used solely for the purpose of drug interdiction and enforcement operations and for the operation and maintenance of the equipment and facilities of the National Guard when used in conjunction with such plan. (2) Notwithstanding any other provision of law, when participating in operations pursuant to the drug interdiction and enforcement plan required by this part 13, the National Guard shall be considered a law enforcement agency of the state for purposes of accepting, receiving, disposing of, and expending the property and proceeds from any property forfeited to the federal government and allocated to the National Guard pursuant to section 16-13-601, C.R.S.

C.R.S. § 28-3-1304 Drug interdiction and enforcement plan - limitations

28-3-1304. Drug interdiction and enforcement plan - limitations. The plan shall state specifically that any drug interdiction and enforcement plan approved by the secretary of defense shall be conducted at a time when personnel of the National Guard are not in federal service. The plan shall also specifically state that participation by National Guard personnel in such operations is service in addition to annual training required under section 502 of title 32, United States Code.

C.R.S. § 28-3-1305 Department of military and veterans affairs counterdrug program federal forfeiture fund - creation

28-3-1305. Department of military and veterans affairs counterdrug program federal forfeiture fund - creation. Any moneys accepted by the adjutant general pursuant to section 16-13-601, C.R.S., shall be transmitted to the state treasurer, who shall credit the same to the department of military and veterans affairs counterdrug program federal forfeiture fund, which fund is hereby created in the state treasury and referred to in this section as the "fund". All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Moneys in the fund shall be continuously appropriated to the department for use by the adjutant general in compliance with state and federal law.

C.R.S. § 28-3-1401 Short title

28-3-1401. Short title. This part 14 shall be known and may be cited as the "Colorado State Military Service Civil Relief Act of 2002".

C.R.S. § 28-3-1402 Applicability

28-3-1402. Applicability. This part 14 shall apply to any person who is called to state military service, as the term "military service" is defined in section 28-3-101, or called to state defense force active duty, as the term is defined in section 28-4-102, for any period of time longer than thirty days and who is ordered by the governor to enforce the law, preserve the peace, secure the rights or lives of citizens, or protect property.

C.R.S. § 28-3-1403 Stay of civil proceedings

28-3-1403. Stay of civil proceedings. Any court of competent jurisdiction may, on its own motion, stay any civil action or proceeding that involves a person described in section 28-3-1402 for the duration of the period of service or duty and for thirty days thereafter, or may otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to prosecute or defend the action is not materially affected.

C.R.S. § 28-3-1404 Actions for rent or possession by landlord

28-3-1404. Actions for rent or possession by landlord. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), an eviction, distress action, or requirement for deposit of accrued rent, as provided for in law, may not proceed against any person described in section 28-3-1402 during the period of service or duty and for thirty days thereafter if: (I) The person, within thirty days after being called to said service or duty, has given written notice to the affected landlord with regard to any premises; and (II) The rental unit is occupied chiefly as a residential dwelling by the person, the person's spouse, or a dependent of the person. (b) A court of competent jurisdiction may allow an action described in paragraph (a) of this subsection (1) to proceed based upon a finding of no substantive prejudice to the person as a result of the service or duty. (2) The court may, on its own motion, stay the proceedings described in paragraph (a) of subsection (1) of this section for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to pay the agreed upon rent has not been materially affected by reason of the service or duty.

C.R.S. § 28-3-1405 Installment contracts - purchase of property

28-3-1405. Installment contracts - purchase of property. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), a creditor who has received a deposit or installment of the purchase price under an installment contract for the purchase of real or personal property from a person who, after the date of the payment of such deposit or installment, is called to state military service or state defense force active duty as described in section 28-3-1402, may not: (I) Exercise any right or option under said contract to rescind or terminate the contract; or (II) Resume possession of the property. (b) A creditor described in paragraph (a) of this subsection (1) may rescind or terminate the installment contract or resume possession of the property for nonpayment if: (I) The person, within thirty days after being called to said service or duty, has not provided the creditor with written notice of the service or duty; (II) A court of competent jurisdiction has affirmatively authorized such rescission, termination, or possession; or (III) The nonpayment of any installment under the installment contract or any other breach of the terms thereof did not occur during the period of the service or duty or for thirty days thereafter. (2) (a) Upon hearing said action, a court may order the repayment of prior installments or deposits or any part thereof as a condition of terminating the contract and resuming possession of the property. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), a court may, on its own motion, stay the proceedings for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to comply with the terms of the obligation is not materially affected.

C.R.S. § 28-3-1406 Mortgage or security on property

28-3-1406. Mortgage or security on property. (1) In any proceeding commenced during a period of state military service or state defense force active duty, as described in section 28-3-1402, to enforce obligations secured by a mortgage, trust deed, or other security upon real or personal property owned prior to the commencement of the period of state military service or state defense force active duty, the court may, on its own motion, stay the proceedings for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to comply with the terms of the obligation is not materially affected. (2) A sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation, or for breach of the terms of any such obligation, is not valid if made during a period of state military service or state defense force active duty, as described in section 28-3-1402, or within thirty days thereafter, unless such sale, foreclosure, or seizure is made upon an order previously granted by the court and a return thereto made and approved by the court. (3) This section applies only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person described in section 28-3-1402 at the commencement of state military service or state defense force active duty, which obligation originated prior to the person's service or duty and is still owed by the person during the period of service or duty.

C.R.S. § 28-3-1407 Duty to furnish orders

28-3-1407. Duty to furnish orders. Before a person shall be entitled to any stay pursuant to this part 14, that person shall furnish to the court and to any other affected parties a copy of the person's orders, together with a written statement from the adjutant general of the state of Colorado, that the person has served continuously on state orders for the period commencing with the date of the orders through the date of the statement. The court or other affected parties may require the person to furnish a recertification every thirty days thereafter, which shall be furnished to the person by the adjutant general upon request.

C.R.S. § 28-3-1501 Legislative declaration

28-3-1501. Legislative declaration. The general assembly hereby finds and declares that, due to the many mobilizations subsequent to the September 11, 2001, terrorist attacks, many families of Colorado National Guard members and reservists face financial hardships when the National Guard member or reservist is called to active military duty or state active duty because the military pay of a soldier is often far less than his or her civilian salary. Because private companies often do not make up the difference in salary, military families may see a significant drop in household income while a family member is away on active military duty or state active duty. In addition, active duty military personnel and their families encounter additional hardships when the active duty member is deployed to zones in which he or she will encounter hostile fire. Many families of Colorado National Guard members, reservists, and active duty military personnel also face additional expenses caused by a long family separation. The general assembly further finds and declares that grants from the military family relief fund are intended to help families defray the costs of food, housing, utilities, medical services, and other expenses that may be difficult to afford when a family member leaves civilian employment for active military duty, is on active military duty in a hostile fire zone, or is called to state active duty by executive order of the governor.

C.R.S. § 28-3-1502 Military family relief fund - creation

28-3-1502. Military family relief fund - creation. (1) There is hereby created in the state treasury the military family relief fund, referred to in this part 15 as the "fund". The fund shall consist of gifts, grants, and donations to the fund, which the adjutant general is authorized to accept, and any voluntary contributions to the fund pursuant to part 30 of article 22 of title 39, C.R.S. (2) The adjutant general shall transfer any gifts, grants, and donations to the fund to the state treasurer who shall credit the same to the fund. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. All moneys remaining in the fund at the end of a fiscal year shall be transferred to the Colorado National Guard foundation, a Colorado nonprofit organization. The foundation shall administer such moneys pursuant to section 28-3-1503.

C.R.S. § 28-3-1503 Administration of moneys

28-3-1503. Administration of moneys. (1) (a) The Colorado National Guard foundation shall make grants from the fund to members of the Colorado National Guard or reservists, to active duty military personnel stationed in Colorado, or to the families of members of the Colorado National Guard or reservists or active duty military personnel stationed in Colorado subject to the provisions of this section. (b) The Colorado National Guard foundation, in cooperation with the department, shall develop criteria for awarding the grants to members of the Colorado National Guard and reservists, subject to the provisions of subsection (2) of this section. (c) The Air Force aid society and Army emergency relief shall work in cooperation to develop criteria for awarding the grants to active duty military personnel, subject to the provisions of subsection (2.5) of this section. (2) A member of the Colorado National Guard or a reservist shall meet the following requirements to be eligible to receive a grant from the fund: (a) The National Guard member or reservist is currently on active military duty for a minimum of thirty days on mobilization orders pursuant to title 10 of the United States Code or is called to state active duty by executive order of the governor. (b) (Deleted by amendment, L. 2007, p. 2083, § 1, effective June 4, 2007.) (c) The National Guard member or reservist or the family of the National Guard member or reservist applies for a grant as required by the Colorado National Guard foundation. (d) The National Guard member or reservist is a Colorado resident as evidenced by a Colorado income tax return for the then current or previous fiscal year on which the National Guard member or reservist filed as a Colorado resident. (2.5) Any active duty military member stationed in Colorado shall meet the following requirements to be eligible to receive a grant from the fund: (a) The active duty military member has been deployed overseas and is in receipt of hostile fire pay or the equivalent. (b) (Deleted by amendment, L. 2007, p. 2083, § 1, effective June 4, 2007.) (c) The active duty military member or the family of the active duty military member applies for a grant as required by the Colorado National Guard foundation. (d) The active duty military member is stationed in Colorado as verified by his or her commanding officer. (e) The active duty military member is a Colorado resident for income tax purposes. (3) (a) Each National Guard member or reservist or the family of a National Guard member or reservist may apply to the Colorado National Guard foundation for one grant per set of mobilization orders or per executive order. Subject to the provisions of paragraph (c) of this subsection (3), if the foundation determines that the National Guard member or reservist or the family of a National Guard member or reservist is eligible to receive a grant pursuant to this section, the foundation shall issue the grant. (b) Each active duty military member or the family of an active duty military member may apply to the Air Force aid society or Army emergency relief, as appropriate, for one grant per deployment to a zone in which the active duty military member qualifies to receive hostile fire pay or the equivalent. If the Air Force aid society or Army emergency relief determines that the active duty military member or the family of an active duty military member is eligible to receive a grant pursuant to this section, the Air Force aid society or Army emergency relief shall notify the Colorado National Guard foundation, in writing, of the active duty military member or family member that is eligible to receive a grant. Subject to the provisions of paragraph (c) of this subsection (3), upon receipt of such notification, the foundation shall issue the grant. s eligible to receive a grant pursuant to this section, the Air Force aid society or Army emergency relief shall notify the Colorado National Guard foundation, in writing, of the active duty military member or family member that is eligible to receive a grant. Subject to the provisions of paragraph (c) of this subsection (3), upon receipt of such notification, the foundation shall issue the grant. (c) The Colorado National Guard foundation shall award grants in accordance with the criteria developed for awarding grants pursuant to subsection (1) of this section. In awarding the grants, the foundation shall, to the extent possible, prioritize eligible grant applicants who hold the lowest pay grades. Timeliness of payment will be determined by the amount of funds available at the time of application. (4) The Colorado National Guard foundation may be reimbursed from the moneys in the fund for actual expenses incurred in implementing the provisions of this part 15; except that the total annual reimbursement to the foundation shall not exceed an amount equal to five percent of the amount of fund moneys transferred to the foundation in such year. (5) The department shall have the authority to oversee the grants issued by the Colorado National Guard foundation from the fund pursuant to this part 15.

C.R.S. § 28-3-1504 Moneys remaining in military family relief fund

28-3-1504. Moneys remaining in military family relief fund. In the event that the voluntary contribution program created in part 30 of article 22 of title 39, C.R.S., is not continued or reestablished by the general assembly, the Colorado National Guard foundation may donate any moneys remaining in the fund upon the repeal of the voluntary contribution program to the western slope military veterans' cemetery fund created in section 28-5-708 (1)(a).

C.R.S. § 28-3-1601 Legislative declaration

28-3-1601. Legislative declaration. (1) The general assembly hereby finds and declares that there are no suitable National Guard training and maintenance facilities in the Grand Junction area to serve the members of the Colorado National Guard and the state. The general assembly believes that the state owes a duty to all of its National Guard members to assist in providing adequate training and maintenance facilities. (2) The property specified to be used for the purpose described in subsection (1) of this section was received from the federal government to be used for any public purpose authorized by the general assembly. The general assembly hereby declares the specified property should be used for National Guard training and maintenance facilities and the requested transfers of appropriate property rights from the department of human services and the state board of land commissioners to the department should be made without compensation.

C.R.S. § 28-3-1602 Establishment of National Guard facilities - rules

28-3-1602. Establishment of National Guard facilities - rules. (1) (a) If rights to the property described in section 28-3-1603 are transferred to the department, the general assembly hereby authorizes the establishment and maintenance of National Guard facilities, referred to in this part 16 as the "guard facilities", located adjacent to the western slope military veterans' cemetery. The guard facilities shall be for the purpose of providing an area for National Guard training and maintenance as determined to be necessary by the department. The adjutant general shall promulgate such rules as may be necessary to establish and maintain the guard facilities in compliance with applicable state and federal statutes and rules. The department is directed to prepare, develop, construct, and maintain such guard facilities at the site described in section 28-3-1603. The department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the guard facilities. The department is hereby authorized to provide for surveys, engineering studies, conceptual and architectural plans, environmental impact studies, construction work, facilities master plans, and joint use agreements in cooperation with the department of human services and the state board of land commissioners. (b) The adjutant general shall determine the amount of the appropriation necessary to meet the requirements set forth in paragraph (a) of this subsection (1) and shall submit a request as part of the department's annual budget request to the joint budget committee no later than November 1, 2007. (2) The general assembly hereby finds, determines, and declares that any use of the property described in section 28-3-1603 as guard facilities is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.

C.R.S. § 28-3-1603 Location of National Guard facilities

28-3-1603. Location of National Guard facilities. The department, in preparing, developing, constructing, and maintaining the guard facilities, may use for such purposes a parcel consisting of approximately thirty-five acres, as determined by the facilities master plan, of existing improved and unimproved property surrounding the western slope military veterans' cemetery within the eastern portion of the real property known as the Grand Junction regional center; except that the parcel shall not include the approximately twenty acres currently serving the western slope military veterans' cemetery. The department shall enter into all necessary agreements to secure the appropriate property rights for such parcel, including the shared use of the existing structure in cooperation with the department of human services. The general assembly requests the department of human services and the state board of land commissioners to transfer, without compensation, appropriate rights to the property described in this section to the department within two months of the completion of a legal survey of the property described in this section.

C.R.S. § 28-3-1701 Short title

28-3-1701. Short title. This part 17 shall be known and may be cited as the "Colorado Youth Challenge Corps Program Act".

C.R.S. § 28-3-1702 Legislative declaration

28-3-1702. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The need for educating at-risk or disruptive youth is well established; (b) Recognizing the need for special programs to address positive youth development, the United States congress authorized and appropriated moneys for the use of National Guard or other facilities and equipment for the provision of a program designed to improve the employment potential and life skills of eligible youth through National Guard youth challenge corps programs; and (c) An evaluation of similar programs for eligible youth operating in other states indicates that: (I) Eighty percent of the students accepted into these programs went on to graduate from the programs; (II) Eighty percent of the students in these programs were placed in schools or employed at the time of graduation from the programs; (III) Eighty percent of the students in these programs successfully completed a high school equivalency examination, either during the time in which they were participating in the programs or within one year after graduating from the programs; and (IV) Less than one percent of the students who participated in these programs were incarcerated within one year after graduating from the programs. (2) Therefore, the general assembly hereby finds and declares that it would be in the best interest of the people of the state of Colorado to authorize the department to operate a youth challenge corps program and to take advantage of the opportunity to use National Guard or other facilities and equipment and any federal funding that may be available for such a program as authorized by federal law.

C.R.S. § 28-3-1703 Definitions

28-3-1703. Definitions. As used in this part 17, unless the context otherwise requires: (1) "Eligible youth" means a person who has voluntarily consented, with the written permission of his or her parent or guardian if the person is a minor, to participate in the National Guard youth challenge corps program and the United States congressional youth awards program and to act in accordance with program requirements. Additionally, an eligible youth shall be: (a) At least sixteen years of age but less than nineteen years of age; (b) A high school dropout, suspended or expelled from school, habitually truant, or otherwise habitually disruptive in school; (c) Economically and educationally disadvantaged; (d) Unemployed; (e) Drug-free; (f) Free of felony convictions or capital offenses, not indicted or charged with a crime, and not on parole or probation for anything other than juvenile status offenses; and (g) Physically and mentally capable of participating in the program with reasonable accommodations for physical or other disabilities. (2) "High school equivalency examination" means the state-board-approved battery of tests that are designed to measure the major outcomes and concepts generally associated with four years of high school education and that are administered at a testing center that has been approved by the department of education based on geographic need and testing volume. (3) "Program" means the youth challenge corps program authorized and described in section 28-3-1704.

C.R.S. § 28-3-1704 Youth challenge corps program - authority - youth challenge corps program fund - creation

28-3-1704. Youth challenge corps program - authority - youth challenge corps program fund - creation. (1) The department is hereby authorized to operate a youth challenge corps program through the use of National Guard or other facilities and equipment for the purpose of providing eligible youth with a program to help them obtain a high school diploma or successfully complete a high school equivalency examination, increase their employment potential, and enhance their education and life skills. The program must be structured as a five-and-one-half-month residential phase that focuses on education and practical life skills, followed by a twelve-month, post-residential phase that involves skilled and trained mentors who support the program graduates. The department is not obligated to implement the program if adequate appropriations or federal or other moneys are not available. (2) The program shall comply with the criteria and conditions specified in a cooperative agreement entered into between the chief of the federal National Guard bureau and the state of Colorado. (3) The program must comply with any applicable state licensing requirements and must establish a collaborative partnership composed of a representative from, at a minimum, the following: (a) The state departments of education, public health and environment, labor, judicial, public safety, and human services; (b) A director of a county department of human or social services; (c) A school district; (d) A sheriff or police department; and (e) A community agency that serves youth and three appointed advisory youth members from the agency's service population. (4) The adjutant general of the department, or the adjutant general's designee, is directed to apply for any federal moneys that may be available to the state for the implementation and operation of the program. (5) (a) The adjutant general of the department, or the adjutant general's designee, is authorized to accept on behalf of the state any gifts, grants, or donations from any private or public source for the purpose of implementing this part 17; except that the department shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this part 17 or any other law of the state. (b) All private and public moneys received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the youth challenge corps program fund, which fund is hereby created and referred to in this part 17 as the "fund". The moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with the implementation and administration of this part 17. All investment earnings derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-28.docxFetched: 10/6/2026