C.R.S. § 26-12-101 Short title
26-12-101. Short title. This article shall be known and may be cited as the "Veterans Community Living Centers Act".
Veterans Community Living Centers Act
C.R.S. tit. 26, art. 12
in effectC.R.S. § 26-12-102 Definitions
26-12-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Central fund" means the central fund for veterans community living centers established in section 26-12-108.
(2) "Executive director" means the executive director of the state department of human services.
(3) "Resident" means a person who resides in a veterans center operated pursuant to the provisions of this article.
(4) "State board" means the state board of human services.
(5) "State department" means the state department of human services.
(6) "Veterans center" means any veterans community living center and any program operated by a veterans community living center, including domiciliary services, day care, and any other programs at the center.
(7) "Veterans community living center" means a veterans center that has been designed and constructed so as to qualify for federal funds under the provisions of federal Public Law 88-450, as amended, and that is 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.
C.R.S. § 26-12-103 State board duties - rule-making
26-12-103. State board duties - rule-making. The state board shall adopt rules for the management, control, and supervision of the veterans centers operated pursuant to the provisions of this article.
C.R.S. § 26-12-104 Eligibility for care
26-12-104. Eligibility for care. (1) A person must be considered for admission to a veterans center if he or she meets the eligibility requirements prescribed in state and federal regulations.
(2) After admission, a resident shall be subject to periodic review as to financial status, need for continuing medical institutional care, and other eligibility factors.
(3) A resident may be transferred or discharged for cause in accordance with federal regulations.
C.R.S. § 26-12-105 Application for admission - preference
26-12-105. Application for admission - preference. (1) Any person may apply for admission to a veterans center in the manner prescribed by rules of the state board.
(2) Application for admission is voluntary, and a person admitted to a veterans center has the right to leave the veterans center at any time he or she chooses.
(3) A veterans center shall review all applications for admission with reasonable promptness.
(4) If the number of eligible applicants exceeds the available facilities in a veterans center, the veterans center shall give preference in admission to persons whose needs are greatest under standards established in state and federal regulations.
C.R.S. § 26-12-106 Vacancies - additional admissions
26-12-106. Vacancies - additional admissions. In the event that vacancies occur in a veterans center and there are no applications for admission from persons eligible pursuant to section 26-12-104, the veterans center shall be open for temporary occupancy to any person based on the person's need for medical care and ability to pay for services in accordance with the rules of the state board.
C.R.S. § 26-12-107 Standards - management - employees - adult protective services data system check
26-12-107. Standards - management - employees - adult protective services data system check. (1) Each veterans center shall be operated and maintained under standards established by the department of public health and environment.
(2) Each veterans center must have:
(a) A nursing home administrator; and
(b) Such additional employees, including medical and nursing personnel, as may be required to provide services for which the veterans center was licensed.
(3) All veterans centers must be managed as a group by the state department, unless the state department contracts for the management of a veterans center in accordance with section 26-12-119.
(4) On and after January 1, 2019, prior to employment, a veterans center shall submit the name of a person who will be providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk adult, as defined in section 26-3.1-101 (1.5), as well as any other required identifying information, to the state department for a check of the Colorado adult protective services data system pursuant to section 26-3.1-111, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
C.R.S. § 26-12-108 Payments for care - funds - report - collections for charges - central fund for veterans centers created - repeal
26-12-108. Payments for care - funds - report - collections for charges - central fund for veterans centers created - repeal. (1) (a) The state department shall establish rates for the care of residents, which rates must be as nearly equal to the cost of operation and maintenance of the veterans centers as practicable. Payments shall be made to the state department unless otherwise provided pursuant to a contract entered into in accordance with section 26-12-119. The state department shall deposit such payments together with any other moneys received from any source for the operation and maintenance of the veterans centers with the state treasurer, who shall credit all such moneys to the central fund for veterans community living centers, referred to in this article as the "central fund", which fund is hereby created.
(a.3) Repealed.
(a.5) For the fiscal year beginning July 1, 2007, and for each fiscal year thereafter, the general assembly shall appropriate from the general fund to the central fund an amount not exceeding ten percent of the total gross revenue accrued by the central fund during the preceding fiscal year in coordination with the state department's standard budget request process. The state department shall use these funds to pay operational expenses of, and make capital improvements to, the veterans centers.
(b) (I) Repealed.
(I.5) For the fiscal year beginning July 1, 2017, and for each fiscal year thereafter:
(A) The money in the central fund is continuously appropriated to the state department for the direct costs of the operation and administration of the veterans centers and for capital construction in connection with the veterans centers; and
(B) Subject to annual appropriation, the state department may expend money from the central fund for indirect costs of the operation and administration of the veterans centers; except that the amount expended for indirect costs shall not exceed five percent of the total expenditures from the fund for the fiscal year.
(II) All requests for capital construction submitted by the state department shall be considered by the capital development committee pursuant to section 2-3-1304, C.R.S.
(III) All interest derived from the deposit and investment of moneys in the central fund shall be credited to such fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the central fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(c) Notwithstanding section 24-1-136 (11)(a)(I), the state department shall prepare and submit to the general assembly an annual report detailing the financial status of each veterans center. This report must also identify which of the veterans centers administered pursuant to the provisions of this article are owned by the state but operated under contract by another entity.
d or any other fund.
(c) Notwithstanding section 24-1-136 (11)(a)(I), the state department shall prepare and submit to the general assembly an annual report detailing the financial status of each veterans center. This report must also identify which of the veterans centers administered pursuant to the provisions of this article are owned by the state but operated under contract by another entity.
(d) As part of the budget request that the state department submits to the joint budget committee in accordance with section 2-3-208 (2)(a), C.R.S., the state department shall provide a detailed report of the anticipated direct and indirect costs for the operation and administration of each veterans center for the upcoming fiscal year, including amounts for personal services, operating expenses, indirect costs, centrally appropriated costs, and FTE.
(2) It is lawful for each veterans center and the Colorado veterans community living center at Homelake to deposit moneys belonging to the benefit fund established prior to July 1, 1985, and all donations or other voluntary contributions that may be received on or after that date in any manner for the benefit of residents of each veterans center and the Colorado veterans community living center at Homelake in an interest-bearing account with a federally insured financial depository pursuant to section 24-75-603, C.R.S. Withdrawals from such accounts shall be made only for the benefit, aid, and assistance of residents of each veterans center or the occupants of the Colorado veterans community living center at Homelake, including recreational equipment and facilities.
(3) The executive director may, in the name of the people of the state of Colorado and through the attorney general, institute and maintain actions at law for the collection of charges due from residents of veterans centers and the Colorado veterans community living center at Homelake, or said residents' conservators, guardians, executors, or administrators, resulting from the failure, neglect, or refusal of said persons to pay such charges.
(4) (a) If the state department sells a portion of vacant land to the United States department of veterans affairs for expansion of the Fort Logan national cemetery as authorized in House Bill 16-1456, enacted in 2016, the state treasurer shall credit the sale proceeds of such sale to the Fort Logan national cemetery fund, which fund is hereby created and referred to in this subsection (4) as the "cemetery fund". In the fiscal year in which the property sale takes place, and in each fiscal year thereafter until all sale proceeds are appropriated as specified in this paragraph (a), the general assembly shall appropriate money from the cemetery fund to the central fund in such amounts so that the appropriation from the cemetery fund required in this subsection (4) and the appropriation from the general fund required in paragraph (a.5) of subsection (1) of this section equals the maximum amount that would not exceed the limit for an enterprise set forth in section 24-77-102 (3)(b), C.R.S.
(b) (I) The moneys transferred to the central fund pursuant to this subsection (4) may be used for nonrecurring expenditures that address the greatest needs of serving veterans.
(II) Notwithstanding section 24-1-136 (11)(a)(I), at least sixty days prior to making such expenditures, the state department shall report its recommended use of the sale proceeds to the state, veterans, and military affairs committees of the house of representatives and the senate, the capital development committee, and the joint budget committee.
address the greatest needs of serving veterans.
(II) Notwithstanding section 24-1-136 (11)(a)(I), at least sixty days prior to making such expenditures, the state department shall report its recommended use of the sale proceeds to the state, veterans, and military affairs committees of the house of representatives and the senate, the capital development committee, and the joint budget committee.
(c) (I) All interest derived from the deposit and investment of moneys in the cemetery fund are credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the cemetery fund remain in the fund and may not be credited or transferred to the general fund. The state controller shall notify the revisor of statutes when all the proceeds of the sale are appropriated to the central fund pursuant to paragraph (a) of this subsection (4).
(II) The cemetery fund is repealed, effective on the date the revisor of statutes receives the notice from the state controller set forth in subparagraph (I) of this paragraph (c).
C.R.S. § 26-12-109 County chargeability
26-12-109. County chargeability. For the purposes of this part 1, a resident in a veterans center must be a charge for public assistance purposes to the county in which the veterans center is located.
C.R.S. § 26-12-110 Declaration of policy - enterprise status
26-12-110. Declaration of policy - enterprise status. (1) A veterans center or group of veterans centers is an enterprise for purposes of section 20 of article X of the state constitution so long as:
(a) The state department retains authority to issue anticipation warrants on behalf of the veterans center or group of veterans centers; and
(b) The veterans center or group of veterans centers receives less than ten percent of its total annual revenues in grants from the state and all Colorado local governments combined.
(2) So long as it constitutes an enterprise, a veterans center or group of veterans centers shall not be subject to any of the provisions of section 20 of article X of the state constitution.
C.R.S. § 26-12-111 Proposed veterans community living centers - criteria
26-12-111. Proposed veterans community living centers - criteria. (1) The state department, in consultation with the Colorado board of veterans affairs, is responsible for recommending any proposed sites for veterans centers to be constructed, leased, or purchased on or after July 1, 1998, to the capital development committee and the joint budget committee. The general assembly is responsible for the selection of any proposed site for such veterans centers.
(2) When evaluating a potential site for a proposed veterans center, the following criteria must be considered:
(a) The proximity of the proposed veterans center to veterans affairs medical services;
(b) The impact the proposed veterans center would have upon the financial viability of existing veterans centers; and
(c) Whether there is an established bed need for the proposed veterans center based upon the location of Colorado veterans, their families, and support systems.
(3) A veterans center constructed, leased, or purchased on or after July 1, 1998, must have a bed capacity of at least one hundred twenty beds.
(4) A veterans center must not be constructed on or after July 1, 1998, unless other veterans centers have maintained an average occupancy rate of at least eighty percent over the six-month period immediately prior to the commencement of the construction of the new veterans center.
C.R.S. § 26-12-112 Powers and duties of state department
26-12-112. Powers and duties of state department. (1) The state department may, in addition to the powers granted in this article, whenever authorized and locations have been designated by the general assembly:
(a) Establish, construct, operate, maintain, and improve, within the state of Colorado, buildings and facilities, and the means necessary thereto, for the full exercise of the powers granted by this article;
(b) Identify the records that the administrator of each veterans center shall submit to the state department;
(c) Set aside a special sinking fund account in the central fund for the payment of anticipation warrants authorized by and issued under the provisions of section 26-12-113 and for the payment of interest due on such warrants; except that the state department shall not pledge the general income of the state of Colorado or appropriations made by the general assembly for any veterans center, nor shall it create a mortgage upon the property belonging to any such veterans center, for the payment of the principal of the warrants and interest thereon. The state department shall deposit into the sinking fund account fees and revenues received from residents at veterans centers sufficient to cover necessary reserve accounts and principal and interest payments, which fees and revenues shall first be applied upon the payment of principal and such anticipation warrants and interest thereon. Any moneys in the sinking fund account not necessary for the reserve nor for the payment of principal and interest may be made available for the maintenance and operation of veterans centers.
(d) Accept any grants from, or payments made by, the United States or any agency or instrumentality thereof and receive gifts, legacies, devises, and conveyances of property, real or personal, that may be made, given, transferred pursuant to a purchase and sale, or granted to the state department for veterans centers. The state department, with the approval of the governor, shall make disposition of such property in the best interest of the veterans centers under the control and supervision of the state department.
(2) All titles to real property and all improvements thereon shall be vested in the state, and the title deeds thereto and all insurance policies, certificates of water rights, and other evidences of ownership to the real property or improvements of a veterans center shall be deposited with the state department.
(3) No payment shall be made out of the state treasury or otherwise for any real property described in this section until the title has been examined and approved by the attorney general. Every such deed of conveyance shall be immediately recorded in the office of the proper county clerk and recorder and thereafter deposited with the state department.
(4) The state department, by October 31, 2002, and on or before October 31 each year thereafter, shall provide sufficient information to enable the Colorado board of veterans affairs to complete the report required by section 28-5-703 (3), C.R.S.
(5) Repealed.
C.R.S. § 26-12-113 Anticipation warrants - legislative declaration
26-12-113. Anticipation warrants - legislative declaration. (1) (a) For the purpose of defraying the cost of construction of new facilities, reconstruction or improvement of existing facilities, and maintenance and operation of such facilities, the state department may, with the approval of the governor, issue anticipation warrants that shall be payable solely from the sinking fund account described in section 26-12-112, and the payments and interest on such anticipation warrants shall be a first charge on and shall be payable from said account.
(b) The general assembly hereby finds and declares that the authority to issue anticipation warrants as set forth in this section shall constitute authority to issue revenue bonds for the purposes of section 20 of article X of the state constitution.
(2) Any other provision of this article notwithstanding, the state department may not issue any anticipation warrants or otherwise borrow funds for the construction of additional veterans centers, unless the construction of additional veterans centers is specifically authorized by law.
C.R.S. § 26-12-114 Interest - term
26-12-114. Interest - term. All anticipation warrants issued under the provisions of sections 26-12-110 to 26-12-118 shall bear interest at a rate determined by the state department and shall be executed in such a manner, shall be paid serially in such annual installments, beginning not later than two years and extending not more than twenty-five years from the date thereof, and shall be executed and paid at such place or places as the executive director shall determine.
C.R.S. § 26-12-115 Signatures validated
26-12-115. Signatures validated. If any of the officers whose signatures or countersignatures appear on the anticipation warrants issued under the provisions of this article or coupons attached thereto cease to be such officers before delivery of such warrants, such signatures and countersignatures shall nevertheless be valid and sufficient for all purposes with the same force and effect as if they had remained in office until such delivery.
C.R.S. § 26-12-116 Obligations limited
26-12-116. Obligations limited. (1) Nothing in sections 26-12-110 to 26-12-118 shall be construed as to authorize the state department to incur any obligation of any kind or nature except such as shall be payable solely from moneys accruing to the special sinking fund account created pursuant to section 26-12-112.
(2) It shall be plainly stated on the face of each anticipation warrant that it has been issued under the provisions of sections 26-12-110 to 26-12-118 and that it does not constitute an indebtedness of the general fund of the state within the meaning of any constitutional provision or limitation.
C.R.S. § 26-12-117 Anticipation warrants legal investments
26-12-117. Anticipation warrants legal investments. It is lawful for the state of Colorado, any of its departments, institutions, or agencies, or any political subdivision of the state to purchase anticipation warrants issued pursuant to the provisions of sections 26-12-110 to 26-12-118 if such warrants satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.; except that the state, its departments, institutions, or agencies, or any of its political subdivisions shall not invest more than twenty percent of the total of any specific fund of such entities in such warrants.
C.R.S. § 26-12-118 Order of payment of warrants
26-12-118. Order of payment of warrants. The anticipation warrants issued under this part 1 shall be serially numbered and shall be paid off and retired in the order in which they were issued.
C.R.S. § 26-12-119 Contractual agreements
26-12-119. Contractual agreements. (1) The state department is authorized to contract with any public or private entity for all or part of the operation or management of any veterans center in accordance with the "Procurement Code", articles 101 to 112 of title 24, C.R.S., and with part 5 of article 50 of title 24, C.R.S.
(2) Any contract authorized pursuant to subsection (1) of this section shall specify the entity's reporting relationship to the state and delineate responsibility for rate calculation, financial performance, liability, and compliance with section 20 of article X of the state constitution.
C.R.S. § 26-12-120 Intestate estate - escheat
26-12-120. Intestate estate - escheat. (1) If a resident dies without legal heirs and without a will disposing of his or her estate, all of the property, real and personal, shall pass to the state of Colorado for the sole use and benefit of the veterans center in which the resident lived at the time of his or her death, subject to the provisions of section 25.5-4-302, C.R.S., and subsection (2) of this section.
(2) (a) The personal property and effects of deceased residents shall be taken into possession by the administrator of the veterans center in which the resident lived at the time of his or her death and held in accordance with the rules of the state board.
(b) The rules of the state board must provide for a sufficient period of time, not to exceed one year, in which the heirs of a deceased resident may make claim to the deceased resident's property and effects. If a claim is not made to the property, the property may be sold, and the proceeds of the sale shall be placed in the benefit fund created by section 26-12-108 (2) for the personal use and benefit of other residents of the veterans center in which the resident lived at the time of his or her death, subject to claims as a result of appropriate judicial proceedings.
C.R.S. § 26-12-121 Veterans community living centers - local advisory boards - rules
26-12-121. Veterans community living centers - local advisory boards - rules. (1) The state board, with input from the office within the state department responsible for the oversight of veterans community living centers, shall promulgate rules to establish the requirements and procedures governing the creation and operation of local advisory boards at each of the existing veterans centers within the state department, located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado.
(2) Each local advisory board shall consist of at least five members. At least one of the members shall be a resident of the veterans center or a person who, at the time of his or her appointment, is a family member of a resident of the veterans center.
(3) Repealed.
C.R.S. § 26-12-201 Veterans community living centers authorized
26-12-201. Veterans community living centers authorized.
(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.
C.R.S. § 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
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.
C.R.S. § 26-12-202 Walsenburg veterans community living center - contractual arrangement
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.
C.R.S. § 26-12-203 The Colorado veterans community living center at Homelake - jurisdiction - definitions
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.
C.R.S. § 26-12-204 Sale of property
26-12-204. Sale of property. (1) The executive director, with the approval of the state board, shall sell any real property at the veterans center declared to be surplus by the state board to the highest bidder on such terms and conditions as are deemed appropriate by the executive director for not less than the appraised value thereof, as determined by an appraiser who is a member of the members appraisal institute (MAI), and to execute deeds of conveyance of such real property.
(2) Upon the sale of real property pursuant to subsection (1) of this section, the proceeds shall be deposited in the central fund and applied toward the retirement of any outstanding anticipation warrants.
C.R.S. § 26-12-205 Homelake military veterans cemetery - definitions - fund - rules
26-12-205. Homelake military veterans cemetery - definitions - fund - rules. (1) As used in this section, unless the context otherwise requires:
(a) "Cemetery" means the Homelake military veterans cemetery established and maintained at the veterans center pursuant to subsection (2) of this section, including:
(I) The two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper; and
(II) The triangular area of land to the direct north of the existing cemetery as of May 3, 2012.
(b) "Fund" means the Homelake military veterans cemetery fund created pursuant to subsection (4) of this section.
(2) (a) The general assembly hereby authorizes the establishment and maintenance of the cemetery at the veterans center. The state department shall maintain the cemetery.
(b) The state department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the cemetery.
(3) (a) Any veteran who served honorably in any branch of the armed forces of the United States and who, at the time of his or her death, was a resident of this state shall be eligible for burial and interment at the cemetery.
(b) Burial and interment may be provided at the cemetery for any spouse, surviving spouse, or dependent parent of an honorably discharged veteran or discharged LGBT veteran, as defined in section 28-5-100.3, of any branch of the armed forces of the United States.
(c) All necessary expenses incident to the burial and interment at the cemetery of any person who may be buried and interred at the cemetery pursuant to the provisions of this section shall be paid from the estate of the decedent.
(d) The state department shall adopt procedures whereby persons who are eligible for burial and interment in the cemetery, in exchange for monetary consideration in an amount to be determined by the state department but not to exceed the amount of the burial and memorial benefit provided to an eligible veteran by the federal department of veterans affairs, may reserve plots there for the burial and interment of themselves and their spouses. In adopting such procedures, the state department shall ensure that a person who possesses such a reservation on May 3, 2012, shall retain his or her reservation.
(4) (a) There is hereby established in the state treasury the Homelake military veterans cemetery fund. The fund shall consist of moneys transferred to the fund pursuant to paragraph (b) of this subsection (4), any revenue generated from activities associated with the cemetery and its operations, and any moneys appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with capital improvements to, and the operation and maintenance of, the cemetery and for the implementation of this section. Any moneys in the fund not expended for the purpose of the section may be invested by the state treasurer as provided in section 24-36-113, C.R.S. Any interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund.
associated with capital improvements to, and the operation and maintenance of, the cemetery and for the implementation of this section. Any moneys in the fund not expended for the purpose of the section may be invested by the state treasurer as provided in section 24-36-113, C.R.S. Any interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund.
(b) (I) The state department is authorized to accept gifts, grants, and donations for the purposes of this section; except that the state department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. The state department shall transfer all private and public moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the fund.
(II) To the extent permitted by subparagraph (I) of this paragraph (b), a person who contributes a gift, grant, or donation to the fund may designate a specific purpose for which the gift, grant, or donation is to be used. The state department shall not unreasonably delay a project that is sufficiently funded by gifts, grants, or donations.
(c) The state department shall not expend more than five percent of the moneys annually expended from the fund to pay for the administrative costs of implementing this section.
(d) Repealed.
(5) The general assembly hereby finds, determines, and declares that any use of the cemetery property 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.
(6) Subject to available appropriations, the state department may contract for professional services necessary for the implementation of this section.
(7) It is the intent of the general assembly that the state department will implement the provisions of this section by assigning to the cemetery one-half of a full-time employee from within the existing personnel resources of the state department.
(8) (a) On or before January 1, 2014, the state department shall establish a phased plan for expansion of the cemetery. The state department shall identify phases in a manner that is aesthetically appropriate, cost-effective, and capable of incremental implementation as funding becomes available; except that the first phase shall consist of the portion of the project described in paragraph (b) of this subsection (8). The expansion project shall include work sufficient to meet the demand for unreserved burial plots in the cemetery and to allow the state department to conduct interments at the rate of fifteen interments per year. To the extent practicable, in implementing the expansion plan, the state department shall make use of work completed by third parties pursuant to paragraph (b) of subsection (2) of this section and coordinate with such parties to ensure that work completed for the expansion project meets the standards and specifications of the phased plan.
(b) On or before July 1, 2014, the state department shall complete the expansion of the cemetery and make available for eligible veterans of the United States armed forces and their spouses new cemetery plots in the two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper.
(c) Repealed.
C.R.S. § 26-12-206 Statement of intent
26-12-206. Statement of intent. The general assembly of the state of Colorado hereby expresses its intent to appropriate the necessary funds from time to time to plan and construct the state nursing homes and to operate said homes in accordance with Title 38, U.S. Code.
C.R.S. § 26-12-207 Federal funds
26-12-207. Federal funds. Whenever a law or rule pertaining to the veterans administration or any other federal law permits the state to receive federal funds for the use and benefit of veterans community living centers, the executive director shall apply for and use such federal funds for the benefit of the veterans centers.
C.R.S. § 26-12-401 Definitions
26-12-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Board of commissioners" means the board of commissioners of veterans community living centers created in section 26-12-402.
(2) "Office" means the office within the state department responsible for the oversight of veterans community living centers, or its successor agency, in the state department.
C.R.S. § 26-12-402 Board of commissioners of veterans community living centers - creation - powers and duties - reimbursement for expenses
26-12-402. Board of commissioners of veterans community living centers - creation - powers and duties - reimbursement for expenses. (1) There is created the board of commissioners of veterans community living centers in the state department. The board of commissioners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the state department.
(2) The functions of the board of commissioners are to:
(a) Advise the office, veterans centers, and veterans community living centers located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado, including the completion of the Fitzsimons veterans community living center in Aurora;
(b) Provide continuity, predictability, and stability in the operation of the veterans centers; and
(c) Provide guidance to future administrators at the veterans centers based on the collective institutional memory of the board of commissioners.
(3) (a) The board of commissioners shall consist of seven members, no more than four of whom are members of the same political party, and all of whom shall be subject to confirmation by the senate.
(b) The governor shall appoint the seven members of the board of commissioners as follows:
(I) Three veterans, one of whom shall be either a member of the state board of veterans affairs or that board's designee;
(II) Three persons with expertise in nursing home operations, including:
(A) A person who is a nursing home administrator at the time of appointment and who is experienced in the financial operations of nursing homes;
(B) A person who has practicing clinical experience in nursing homes; and
(C) A person who has experience in multi-facility management of nursing homes; and
(III) The state long-term care ombudsman, as defined in section 26-11.5-103 (7), or a local ombudsman, as defined in section 26-11.5-103 (2), who is recommended to the governor by the state long-term care ombudsman.
(c) The appointed members of the board of commissioners shall serve terms of four years; except that, of the members first appointed, the governor shall select three members who shall serve terms of two years.
(4) An appointed member may be removed for cause at any time during the member's term by the governor. Vacancies on the board of commissioners shall be filled by appointment by the governor with the consent of the senate for the unexpired terms in the manner described in subsection (3) of this section.
(5) Members of the board of commissioners shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.
(6) All members of the board of commissioners shall be voting members. The members of the board of commissioners shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall require the affirmative vote of a majority of a quorum of the board of commissioners.
(7) The board of commissioners shall:
(a) Endeavor to ensure that the highest quality of care is being provided at the veterans centers and that the financial status of the veterans centers is maintained on a sound basis;
(b) Obtain information concerning the following:
(I) The status of the central fund, as described in section 26-12-108, and the progress of capital construction projects that are proposed or underway; and
(II) Issues of resident care arising from sources, including but not limited to department of public health and environment surveys, veterans administration surveys, consultant contractor reports, plans of correction to both surveys and consultant reports, vacant position reports, and reports from the division;
(c) Have direct access to any consulting contractor working with the veterans centers and obtain written and oral reports;
from sources, including but not limited to department of public health and environment surveys, veterans administration surveys, consultant contractor reports, plans of correction to both surveys and consultant reports, vacant position reports, and reports from the division;
(c) Have direct access to any consulting contractor working with the veterans centers and obtain written and oral reports;
(d) Have direct access to the executive director of the state department and the state board for the purposes of alerting state department policymakers of potential problems in veterans centers and establishing effective working relationships and lines of communication with the state department and state board at all levels;
(e) Have the authority to visit and review the operation of veterans centers;
(f) Participate in any request for a proposal panel that selects consulting firms for veterans centers;
(g) Have authority to review and comment on rules promulgated by the state department and the state board concerning veterans centers before the rules are submitted for public comment;
(h) Meet as often as necessary but not less than three times per year; and
(i) (I) On or before January 1, 2008, and on or before each January 1 thereafter, make an annual report of issues and recommendations developed by the board of commissioners to the executive director of the state department and the governor; and
(II) Transmit electronic versions of each annual report to:
(A) The members of the general assembly who sit on the health and human services committee of the senate, the public health care and human services committee of the house of representatives, and the state, veterans, and military affairs committees of the senate and the house of representatives, or any successor committees; and
(B) The members of the state board of veterans affairs.
(8) Nothing in this part 4 shall be construed to abridge, amend, or supersede any provision of a contractual agreement that the state department has entered into with any of the veterans centers.
C.R.S. § 26-12-403 Repeal of part
26-12-403. Repeal of part. (Repealed)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026