Digest of Bills - 2002

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MILITARY AND VETERANS

S.B. 02-23 National guard of Colorado - new ribbons awarded. Authorizes the national guard of Colorado to award the following new ribbons:

•          Non-commissioned officer/soldier/airman of the year ribbon;
•          Commendation ribbon;
•          Achievement ribbon;
•          Adjutant general's outstanding unit citation;
•          State emergency service ribbon;
•          Foreign deployment service ribbon;
•          State mobilization support ribbon;
•          Recruiting ribbon.

APPROVED by Governor April 15, 2002        
EFFECTIVE April 15, 2002

S.B. 02-99 Military and veterans affairs - state military - active duty. Generally updates state military statutes as follows:

•          Defines "saboteurs", "terrorists", "state defense force", and "state defense force active duty";
•          Permits the fresh pursuit of terrorists by state military forces into another state and the arrest of those terrorists;
•          Clarifies the provision that permits women to enlist in the state military forces and their appointment by the governor in the same manner as men;
•          Permits the governor to use the state military forces for implementation of the Emergency Management Assistance Compact and for training for state missions;
•          Allows the adjutant general to promulgate rules without following the state administrative procedures act;
•          Clarifies that the pay for staff hired by the adjutant general is to be consistent with the pay for equivalent positions under the state personnel system;
•          Permits retired officers, warrant officers, and non-commissioned officers to perform state active duty with pay or as a volunteer;
•          Clarifies that any military equipment personally owned by a member of the national guard is exempt from levy or sale under writ of attachment or writ of execution;
•          Raises the fine from $100 to $300 for anyone barring a uniformed member of the national guard from a public accommodation or common carrier and allows the award of attorney fees for offenses committed on and after July 1, 2002;
•          Raises the fine for employment discrimination against a member of the military forces of the state from $500 to $5,000 and allows such member to bring an action for damages or equitable relief for offenses committed on and after July 1, 2002;
•          Clarifies that 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 and is guilty of a class 3 misdemeanor;
•          Adds a criminal penalty of a $5,000 fine and the award of attorney fees in a civil action for the violation of the rights to military leave, reinstatement, and pension benefits of public employees and the rights to military leave, reemployment, and benefits of private employees;
•          Deletes the limitation of $5 per person per year on the amount that may be annually appropriated to the unit fund for each unit of the Colorado national guard;
•          Exempts judges, clerks of municipal courts, members of county fire and police departments, and persons convicted of any felony from state military service or state defense force active duty;
•          Authorizes the governor to organize and maintain a state defense force;
•          Permits the fresh pursuit of terrorists by another state's military forces into Colorado, or by this state's defense forces into another state, and the arrest of those terrorists;
•          Clarifies that a member of the national guard or the state defense force may be arrested for any crime committed while not in actual performance of his or her duty;
•          Provides that the period of enlistment shall be specified by the department of military affairs; and
•          Makes the state military statutes gender neutral.

APPROVED by Governor May 24, 2002        
EFFECTIVE May 24, 2002

S.B. 02-100 Veterans - burial of indigent veterans - county responsibilities. Repeals and reenacts existing statutes regarding the burial of veterans, with the following changes:

•          Names the new part 5 the "Interment of Deceased Veterans Act of 2002";
•          Eliminates the list of wars and conflicts for which military service would qualify an indigent veteran for burial by the county and replaces it with a general description of the types of service that would qualify the veteran for such burial;
•          Repeals the cap of $50 on the indigent veteran burial expenses for a county and permits the board of county commissioners to set the maximum expense by resolution;
•          Repeals the cap of $50 on an indigent veteran's headstone and permits the board of county commissioners to set the maximum expense by resolution;
•          Clarifies that the county in which a veteran lived is required to reimburse the county where the veteran is buried for the costs of the burial and headstone;
•          Permits the state to acquire and maintain any cemetery subdivisions in the state for the burial of indigent veterans instead of only in cities or towns where certain veterans organizations exist;
•          Repeals the requirement that the care and maintenance of those cemetery subdivisions be vested in certain local veterans organizations, and instead permits the care and maintenance of those cemetery subdivisions to be vested in the city, town, city and county, or county where located or in certain local veterans organizations.

APPROVED by Governor April 12, 2002        
EFFECTIVE April 12, 2002

H.B. 02-1139 State military service - active state duty - civil relief - discrimination - penalties - remedies. Establishes relief in civil matters for persons called to state military service or active duty for more than 30 days. Generally permits a court to stay proceedings involving such persons for the duration of the service or duty, and for up to 30 days after, or to otherwise dispose of the case in order to conserve the interests of the parties, in cases involving:

•          Civil proceedings;
•          Proceedings involving residential property;
•          Actions involving installment contracts; or
•          Actions to enforce mortgage obligations or other secured interests in property.

        Requires the court to stay the proceedings, unless the ability of the person to proceed or to fulfill his or her legal obligations is not materially affected. Requires the person to furnish a copy of his or her orders and a statement from the adjutant general verifying continuous service in order to receive any of these stays. Permits a court to require a recertification every 30 days.

        Changes the criminal penalty for employment discrimination of any officer or enlisted person in the state military forces by raising the fine from $500 to $5,000. Also permits the person to sue for damages or for equitable relief for the discrimination.

        Adds a class 6 misdemeanor criminal penalty, punishable by a fine of up to $5,000, and the award of attorney fees, in addition to damages or equitable relief, in a civil action.

APPROVED by Governor May 29, 2002        
EFFECTIVE July 1, 2002

H.B. 02-1284 Board of veterans affairs - World War II memorial - need-based grants - attendance at dedication. Permits the state to accept private gifts, grants, and donations for the purposes of providing need-based grants to defray the costs of veterans to attend the dedication of the world war II memorial in Washington, D.C. Creates a fund to accept those private moneys. Authorizes the board of veterans affairs to award grants to defray the costs of transportation, housing, or meals and caps any such award at $1,000. Directs county veterans service offices to receive applications and to make recommendations to the board. Repeals the program, effective July 1, 2004.

        Provides alternative sections to take effect contingent on the enactment of House Bill 02-1413.

APPROVED by Governor May 29, 2002        
EFFECTIVE May 29, 2002
NOTE: House Bill 02-1413 was signed by the Governor April 21, 2002.

H.B. 02-1413 Department of military and veterans affairs - division of veterans affairs - board of veterans affairs - transfer of rights, property, and duties - reports - transfer of appropriations. Transfers by a type 2 transfer the division of veterans affairs ("division") and the Colorado board of veterans affairs ("board") from the department of human services to the renamed department of military and veterans affairs ("DMVA"). Makes the following changes to existing law:

•          Clarifies that the director of the division shall be appointed by the adjutant general;
•          Clarifies that all employees whose primary duties were the veterans affairs or county veterans service office programs are to be transferred to the DMVA, retaining their rights and benefits;
•          Clarifies that all property of the division and the board, including books, documents, and records, is to be transferred to the DMVA;
•          Directs the DMVA and the department of human services to agree by September 1, 2002, on the method, scope, and procedures for the transfer of any property, mineral, and water rights involving the western slope veterans cemetery;
•          Clarifies that all pending contract rights and obligations pertaining to the division and the board are to be transferred to the DMVA;
•          Directs the board to serve in an advisory capacity to various state departments, agencies, and other entities regarding services provided to state veterans;
•          Requires the board to study periodically the problems of veterans and to propose programs or statutory changes it may deem advisable;
•          Directs the board, on or before December 31, 2002, and on or before December 31 each year thereafter, to report to the governor and the general assembly on the status of veterans programs administered by the various agencies of state government;
•          Requires the department of human services, the department of labor and employment, and the department of revenue to provide information to the board for its annual report on veterans programs; and
•          Requires the adjutant general to prepare a report to the governor and the general assembly, on or before September 30, 2003, on the creation and implementation of the DMVA.

        Transfers $2,134,023 and 12 FTE from the department of human services to the DMVA for implementation of the act.

APPROVED by Governor April 21, 2002        
EFFECTIVE July 1, 2002

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.