(1) Repealed.
(2) (a) Subject to available appropriations, there is authorized the establishment and construction of veterans centers for veterans of service in the armed forces of the United States and their spouses, surviving spouses, or dependent parents. Each veterans center is known as a Colorado veterans community living center, collectively referred to in this article 12 as veterans centers. The veterans centers are type 2 entities, as defined by section 24-1-105.
(b) Veterans centers must be located at or near the city of Florence, at or near the city of Walsenburg, at or near the city of Rifle, at or near the city of Aurora, and in Homelake.
(3) The state department shall evaluate any proposed sites for a new veterans center to be constructed, leased, or purchased on or after July 1, 1998, in accordance with section 26-12-111.
(4) The veterans centers shall be designed and constructed so as to qualify for federal funding under the provisions of federal Public Law 88-450, as amended. The veterans centers shall be under the control and supervision of the state department, and they shall be operated so as to qualify for per diem payments from the United States veterans administration under the provisions of 38 U.S.C. sec. 1741.
Source: L. 98: Entire article R&RE, p. 190, � 1, effective April 10. L. 99: (4) amended, p. 627, � 33, effective August 4. L. 2009: (1) amended, (SB 09-056), ch. 177, p. 785, � 7, effective April 22. L. 2011: (1) repealed, (HB 11-1303), ch. 264, p. 1171, � 77, effective August 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 270, � 21, effective August 6. L. 2016: (2)(b) amended, (HB 16-1397), ch. 202, p. 716, � 3, effective June 1. L. 2022: (2)(a) amended, (SB 22-162), ch. 469, p. 3378, � 73, effective August 10.
Editor's note: This section is similar to former �� 26-12-201 and 26-12-401 as they existed prior to 1998.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
26-12-201.5. Veterans state community living center at former Fitzsimons - legislative intent - continuum of residential care services and care for veterans and veterans' families - definitions. (1) Subject to available appropriations, this section authorizes and establishes a state veterans community living center on the site of the former Fitzsimons Army medical center. It is the intent of the general assembly that the property on the site of the former Fitzsimons Army medical center is for the exclusive use of veterans and qualifying family members of veterans. It is the further intent of the general assembly that any construction on the property on the site of the former Fitzsimons Army medical center after January 1, 2016, must be completed consistent with the original intent in the language of the 1999 memorandum of agreement between the Fitzsimons redevelopment authority, the city of Aurora, and the state department.
(2) The completion of the Fitzsimons project pursuant to this section, after January 1, 2016, is not subject to the average occupancy requirements of section 26-12-111 (4) for new construction.
(3) The state department shall work to expeditiously develop the vacant parcels of land to the north and south of the Fitzsimons veterans community living center existing as of January 1, 2016. The vacant parcels of land must be used to construct and operate facilities that will provide a continuum of residential care options exclusively for veterans or qualifying family members of veterans. The continuum of residential care options may include, but need not be limited to, domiciliary and assisted living, transitional housing, permanent supportive housing, and any such other residential and supportive services as are needed or beneficial.
(4) The state department shall seek input, as appropriate, from the board of commissioners of veterans community living centers created pursuant to section 26-12-402, the state board of veterans affairs, and a statewide coalition of veterans organizations.
(5) The state department shall ensure, through contractual or other means, that the property continues in perpetuity to be operated exclusively for veterans and qualifying family members of veterans.
(6) The state department shall include progress updates on the Fitzsimons project in its annual report and shall provide quarterly progress updates to the members of the state, veterans, and military affairs committees of the house of representatives and the senate, or any successor committees, on or before September 30, 2016; December 31, 2016; March 31, 2017; and June 30, 2017.
(7) As used in this section, unless the context otherwise requires:
(a) Qualifying family member of a veteran means a family member of a veteran who qualifies for services pursuant to the requirements established by the federal veterans administration.
(b) 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, in accordance with U.S.C. title 38, as amended.
Source: L. 98: Entire section added, p. 1163, � 1, effective June 1. L. 2000: (1), (3), (4), and (5) amended, p. 1552, � 30, effective August 2. L. 2005: (6) amended, p. 35, � 1, effective March 18; (7) added, p. 599, � 2, effective July 1. L. 2007: (7)(b)(IV) added, p. 188, � 25, effective March 22. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 270, � 22, effective August 6. L. 2016: Entire section R&RE, (HB 16-1397), ch. 202, p. 714, � 1, effective June 1.
Editor's note: (1) Amendments to this article by Senate Bill 98-186 and House Bill 98-1204 were harmonized.
(2) Subsection (7)(i) provided for the repeal of subsection (7), effective July 1, 2007. (See L. 2005, p. 599.)
26-12-202. Walsenburg veterans community living center - contractual arrangement. (1) For as long as the contract is in effect with the Huerfano county hospital district for the operation of the Walsenburg veterans community living center, the contract shall state that the veterans center is a separate entity for financial reporting purposes. The contract shall also state that the district is responsible for financial reporting, rate calculation, financial performance, compliance with all state and federal regulations, and compliance with section 20 of article X of the state constitution.
(2) The Walsenburg veterans community living center must remain a state-owned entity for purposes of qualifying for federal veterans assistance payments and other federal veterans programs.
(3) Nothing in this section shall be construed as affecting the state's ability to take over operations or to contract with any other entity should the contract with the district terminate.
Source: L. 98: Entire article R&RE, p. 191, � 1, effective April 10. L. 2014: (1) and (2) amended, (SB 14-096), ch. 59, p. 271, � 23, effective August 6.
26-12-203. The Colorado veterans community living center at Homelake - jurisdiction - definitions. (1) (a) The Colorado veterans community living center at Homelake, consisting of a veterans center, a domiciliary care unit, and the Homelake military veterans cemetery, referred to in this part 2 as the veterans center, is declared to be a veterans center for veterans of service in the armed forces of the United States and their spouses, surviving spouses, and dependent parents. The Colorado veterans community living center at Homelake is a type 2 entity, as defined in section 24-1-105.
(b) The legal effect of any statute enacted prior to July 1, 1973, designating such institution as the soldiers' and sailors' home or the Monte Vista golden age center, or by any other name, or property rights acquired and obligations incurred prior to said date under any other name, shall not be impaired hereby.
(2) The veterans center shall be under the control and supervision of the state department.
(3) For purposes of this section, domiciliary care means the provision of shelter, food, and necessary medical care on an ambulatory self-care basis:
(a) To assist any individual who is eligible for occupancy in the veterans center pursuant to sections 26-12-104 and 26-12-106 and who is suffering from an incapacitating disability, disease, or disorder that prevents him or her from earning a living, but that does not require hospitalization or nursing care services to attain physical, mental, and social well-being; and
(b) To restore, through special rehabilitative programs, such individual to his or her highest level of functioning.
Source: L. 98: Entire article R&RE, p. 191, � 1, effective April 10. L. 2012: (1)(a) and (3)(a) amended, (HB 12-1063), ch.149, p. 536, � 3, effective May 3. L. 2014: (1)(a), (2), and (3)(a) amended, (SB 14-096), ch. 59, p. 271, � 24, effective August 6. L. 2017: (3)(a) amended, (SB 17-242), ch. 263, p. 1334, � 223, effective May 25. L. 2022: (1)(a) amended, (SB 22-162), ch. 469, p. 3378, � 74, effective August 10.
Editor's note: This section is similar to former � 26-12-301 as it existed prior to 1998.
Cross references: (1) For the Administrative Organization Act of 1968, see article 1 of title 24.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.