Title 28, Military and Veterans
0 chapters · 178 sections in this title.
Colo. Rev. Stat. § 28-3-703 Property and fiscal officer - appointment - duties
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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 …
Colo. Rev. Stat. § 28-3-704 Uniforms and equipment - procurement and issuance
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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. Source: L…
Colo. Rev. Stat. § 28-3-705 Uniforms and equipment - distribution and return
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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. Source…
Colo. Rev. Stat. § 28-3-706 Deductions from pay - forfeitures - lost equipment
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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…
Colo. Rev. Stat. § 28-3-801 Disability and death benefits
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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 se…
Colo. Rev. Stat. § 28-3-802 Unit funds
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(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 applica…
Colo. Rev. Stat. § 28-3-901 Organization assemblies and exercises
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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. Sourc…
Colo. Rev. Stat. § 28-3-902 Encampments, maneuvers, and parades
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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 …
Colo. Rev. Stat. § 28-3-903 Inspections
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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, thei…
Colo. Rev. Stat. § 28-3-904 Pay and allowances
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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 Fo…
Colo. Rev. Stat. § 28-3-905 Insufficient funds - payment from general fund
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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 …
Colo. Rev. Stat. § 28-3-906 Units - corporate structure and powers
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(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 organizat…
Colo. Rev. Stat. § 28-4-101 Short title
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This article shall be known and may be cited as the State Defense Force Act. Source: L. 43: p. 444, � 19. CSA: C. 111, � 138. CRS 53: � 94-7-15. C.R.S. 1963: � 94-2-15. L. 86: Entire section amended, p. 1016, � 10, effective May 3.
Colo. Rev. Stat. § 28-4-102 Definitions
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As used in this article, unless the context otherwise requires: (1) and (2) (Deleted by amendment, L. 2002, p. 589, � 18, effective May 24, 2002.) (3) Saboteur means a person who intentionally destroys, damages, moves, or interferes with any property with reasonable grounds to be…
Colo. Rev. Stat. § 28-4-103 Supplemental military force
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The governor of the state of Colorado may establish, enlist, maintain, and train and regulate an organized military force within and for the state of Colorado constituting a part of the military establishment for the defense of the United States and the state of Colorado, in addi…
Colo. Rev. Stat. § 28-4-103.5 Persons subject to military duty - state defense force
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(1) Every able-bodied male citizen of Colorado and those who have declared their intention to become citizens of the United States residing therein between the ages of eighteen and sixty-four years, except persons exempt by law, are subject to military duty in the state defense f…
Colo. Rev. Stat. § 28-4-104 State defense force - composition
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The governor is authorized to organize and maintain within this state such military forces as the governor deems necessary to defend this state. Such forces are known as the state defense force and are composed of such citizens of the state who volunteer or who are ordered by the…
Colo. Rev. Stat. § 28-4-105 Organization - rules and regulations
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The governor is authorized to prescribe the strength, branch of service, and rules and regulations not inconsistent with the provisions of this article governing the enlistment age of members of the force and governing the organization, physical requirements, administration, equi…
Colo. Rev. Stat. § 28-4-106 Pay - members - employees of state
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All officers and enlisted persons of the Colorado state defense force when on state defense force active duty by order of the governor shall receive the same pay and allowances as are paid to officers and enlisted persons of like rank or grade in the Army of the United States. Of…
Colo. Rev. Stat. § 28-4-107 Equipment - buildings
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For the use of such forces, the governor is authorized to requisition from the secretary of defense such arms and equipment as may be in possession of and can be spared by the defense department, to make available to such forces the facilities of state armories and their equipmen…
Colo. Rev. Stat. § 28-4-108 Service outside state
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(1) Such forces shall not be required to serve outside the boundaries of the state except that: (a) Upon the request of the governor of another state, the governor of this state, in his or her discretion, may order any portion or all of such forces to assist the military or polic…
Colo. Rev. Stat. § 28-4-109 Forces of other states - privilege
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Any military forces or organizations, units, or detachments thereof 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 fo…
Colo. Rev. Stat. § 28-4-110 Federal service
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Nothing in this article shall be construed as authorizing such forces, or any part thereof, to be called, ordered, or in any manner drafted as such into the military service of the United States, but no person shall by reason of his or her enlistment or commission in any such for…
Colo. Rev. Stat. § 28-4-111 Civil groups not enlisted as units
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No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit. Source: L. 43: p. 443, � 10. CSA: C. 111, � 132. CRS 53: � 94-…
Colo. Rev. Stat. § 28-4-112 Citizenship a qualification
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No person shall be commissioned or enlisted in such forces who is not a citizen of the United States. Source: L. 43: p. 443, � 11. CSA: C. 111, � 133. CRS 53: � 94-7-11. C.R.S. 1963: � 94-2-11.
Colo. Rev. Stat. § 28-4-113 Oath of officers
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The oath to be taken by officers commissioned in such force shall be substantially in the form prescribed for officers of the National Guard, substituting the words Colorado state defense force where necessary. Source: L. 43: p. 443, � 12. CSA: C. 111, � 134. CRS 53: � 94-7-12. C…
Colo. Rev. Stat. § 28-4-114 Enlistment period - oath
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The period of enlistment shall be as specified in department of military and veterans affairs policies and procedures. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted men and women of the National Guard, substituting …
Colo. Rev. Stat. § 28-4-115 Articles of war
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(1) (Deleted by amendment, L. 2002, p. 593, � 26, effective May 24, 2002.) (2) No officer or enlisted person of such force shall be arrested on any warrant while going to, remaining at, or returning from a place where he or she is ordered to attend military duty; except that noth…
Colo. Rev. Stat. § 28-5-100.3 Definitions
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As used in this article 5, unless the context otherwise requires: (1) Discharged LGBT veteran means a person who the state board of veterans affairs determines to be a discharged LGBT veteran pursuant to section 28-5-103. (2) Veteran means a person who served in the active milita…
Colo. Rev. Stat. § 28-5-101 Military discharges recorded free
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For the purpose of preserving a record of men and women who served with the armed forces of the United States and who are now or may become residents of Colorado, the clerk and recorders of the various counties of the state are directed to record discharges for such men and women…
Colo. Rev. Stat. § 28-5-102 Identity documents - veteran identifier
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A driver's license or identification card, issued under article 2 of title 42, C.R.S., that identifies the holder as a veteran is sufficient documentation that a person is a veteran for the purposes of any benefit or preference given to veterans by the state of Colorado or any po…
Colo. Rev. Stat. § 28-5-103 Discharged LGBT veteran
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(1) (a) A person is a discharged LGBT veteran if the person, as determined by the board of veterans affairs, was discharged from the armed services due to the person's sexual orientation or gender identity or gender expression; or statements, consensual sexual conduct, or consens…
Colo. Rev. Stat. § 28-5-201 Short title
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This part 2 shall be known and may be cited as the Uniform Veterans' Guardianship Act. Source: L. 45: p. 660, � 21. CSA: C. 150, � 55 (21). CRS 53: � 143-3-21. C.R.S. 1963: � 144-3-21.
Colo. Rev. Stat. § 28-5-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Administrator means the administrator of veterans' affairs of the United States or his or her successor. (2) Benefits means all moneys paid or payable by the United States through the veterans administration. (3) …
Colo. Rev. Stat. § 28-5-203 Administrator as party in interest
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The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward and in any suit or other proceeding affecting in any manner the administration by the guar…
Colo. Rev. Stat. § 28-5-204 Guardian appointed when necessary
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When, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this part 2. Source: L. 45: p. 653, � 3. CSA: C. 150, � …
Colo. Rev. Stat. § 28-5-205 Limitation on number of wards
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No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration or other interested person alleging that a guardian is…
Colo. Rev. Stat. § 28-5-206 Appointment of guardian - petition
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(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thi…
Colo. Rev. Stat. § 28-5-207 Evidence of necessity for guardian of infant
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Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative setting forth the age of such minor as shown by the records of the veterans administration and the fact that the appointment of a gu…
Colo. Rev. Stat. § 28-5-208 Evidence of necessity for guardian for incompetent
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Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his or her duly authorized representative that such person has been rated incompetent by the veterans administration on examination in accordance wit…
Colo. Rev. Stat. § 28-5-209 Notice of filing petition
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Upon the filing of a petition for the appointment of a guardian under this part 2, notice shall be given to the ward and to such other persons in such manner as is provided by the laws of this state, and also to the veterans administration as provided by this part 2. Source: L. 4…
Colo. Rev. Stat. § 28-5-210 Bond of guardian
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(1) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be condi…
Colo. Rev. Stat. § 28-5-211 Accounts of securities - notices and hearings
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(1) Every guardian who has received or who shall receive on account of his or her ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be …
Colo. Rev. Stat. § 28-5-212 Penalty for failure to account
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If any guardian fails to file with the court any account as required by this part 2, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, pe…
Colo. Rev. Stat. § 28-5-213 Compensation of guardians
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Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of income received during the period covered by the account; except that such percentage compensation shall not be allowed on the moneys or other assets receive…
Colo. Rev. Stat. § 28-5-214 Investments
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Every guardian shall invest the surplus funds of his or her ward's estate in such securities or property as authorized under the laws of this state, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct uncondi…
Colo. Rev. Stat. § 28-5-215 Maintenance and support
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A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the …
Colo. Rev. Stat. § 28-5-216 Purchase of home for ward
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(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. Such purchase of real esta…
Colo. Rev. Stat. § 28-5-217 Copies of public records to be furnished
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When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record, without charge, shall provid…
Colo. Rev. Stat. § 28-5-218 Discharge of guardian - release of sureties
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A certificate by the veterans administration showing that a minor has attained majority or that an adult ward has been rated competent by the veterans administration upon examination made in accordance with the law shall be prima facie evidence that the minor has attained majorit…