HOUSE BILL 971320
BY REPRESENTATIVES K. Alexander, Smith, Entz, G. Berry, Dyer, George, Miller, Sullivant, Taylor, Dean, Epps, Gordon, Hagedorn, Kaufman, Mace, May, McPherson, Musgrave, Pankey, Schauer, Schwarz, Takis, Tool, Tupa, and Udall;
also SENATORS B. Alexander, Ament, Arnold, Bishop,
Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Duke, Feeley,
Hernandez, Hopper, J. Johnson, Lacy, Linkhart, Martinez,
Matsunaka, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves,
Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Wattenberg,
Weddig, Wells, and Wham.
CONCERNING THE ESTABLISHMENT OF A VETERANS' CEMETERY
ON THE WESTERN SLOPE, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative declaration.
The general assembly recognizes the value that military veterans
have provided to this state and the sacrifice that military veterans
endured to preserve this great land. The general assembly also
recognizes that there is no veterans' cemetery to serve approximately
fifty thousand military veterans who reside on the western slope
of Colorado. The general assembly believes that the state owes
a duty to all of its military veterans to assist in providing
adequate burial facilities close to where surviving relatives
of deceased military veterans reside. The general assembly, therefore,
declares that the purpose of this act is to authorize the establishment
of a veterans' cemetery on the western slope.
SECTION 2. Article
10 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
2610110. Western slope
veterans' cemetery fund rules repeal.
(1) (a) IN ORDER TO ESTABLISH A VETERAN'S CEMETERY
ON THE WESTERN SLOPE, THE COLORADO BOARD OF VETERANS AFFAIRS SHALL
APPOINT A WESTERN SLOPE MILITARY VETERANS' CEMETERY ADVISORY COMMITTEE
OF NOT LESS THAN FIVE NOR MORE THAN SEVEN MEMBERS REPRESENTING
VETERANS RESIDING ON THE WESTERN SLOPE. ALL EXPENSES OF THE ADVISORY
COMMITTEE SHALL BE PAID FROM THE WESTERN SLOPE MILITARY VETERANS'
CEMETERY FUND ESTABLISHED IN SUBSECTION (2) OF THIS SECTION, AND
SHALL NOT BE PAID FROM STATE GENERAL FUNDS. ON OR BEFORE NOVEMBER
1, 1997, THE WESTERN SLOPE MILITARY VETERANS' CEMETERY ADVISORY
COMMITTEE SHALL SUBMIT A REPORT TO THE COLORADO BOARD OF VETERANS
AFFAIRS. THE REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(I) THE APPROPRIATE SIZE, LOCATION, AND
POTENTIAL SITES FOR A STATE VETERANS' CEMETERY IN COLORADO ON
THE WESTERN SIDE OF THE CONTINENTAL DIVIDE, REFERRED TO IN THIS
SECTION AS THE "STATE VETERANS' CEMETERY";
(II) THE ANTICIPATED COSTS AND OPTIONS
FOR THE ACQUISITION, PREPARATION, DEVELOPMENT, AND CONSTRUCTION
OF THE CEMETERY;
(III) THE ANTICIPATED COSTS AND OPTIONS
FOR ONGOING MAINTENANCE OF THE CEMETERY;
(IV) DEVELOPING A PLAN FOR RAISING SUFFICIENT
MONEYS FROM DONATIONS, GRANTS, AND FEDERAL APPROPRIATIONS TO ACQUIRE
AND OPERATE THE STATE VETERANS' CEMETERY;
(V) DEVELOPING PLANS FOR RAISING FUNDS
FOR THE WESTERN SLOPE MILITARY VETERANS' CEMETERY FUND CREATED
IN SUBSECTION (2) OF THIS SECTION;
(VI) RECOMMENDATIONS ON APPLICATIONS FOR
ANY AVAILABLE FEDERAL FUNDS AND DONATIONS AND GRANTS OF LAND AND
PROPERTY FOR THE DEVELOPMENT AND OPERATION OF THE STATE VETERANS'
CEMETERY; AND
(VII) RECOMMENDATIONS ON ELIGIBILITY FOR
INTERNMENT IN THE CEMETERY.
(b) WITHIN THIRTY DAYS AFTER RECEIPT OF
THE REPORT PREPARED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION
(1), THE COLORADO BOARD OF VETERANS AFFAIRS SHALL SUBMIT ITS RECOMMENDATIONS
TO THE CAPITAL DEVELOPMENT COMMITTEE ESTABLISHED IN SECTION 231302,
C.R.S. SUCH RECOMMENDATIONS SHALL INCLUDE BUT NOT BE LIMITED TO:
(I) THE PROPOSED SITE AND SIZE FOR THE
CEMETERY;
(II) A PLAN FOR THE ACQUISITION, PREPARATION,
DEVELOPMENT, AND CONSTRUCTION OF THE CEMETERY;
(III) A PLAN FOR THE ONGOING MAINTENANCE
OF THE CEMETERY; AND
(IV) PROPOSALS FOR PAYING THE INITIAL
AND FUTURE COSTS OF THE CEMETERY.
(c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE
JULY 1, 1998.
(2) (a) THERE IS HEREBY ESTABLISHED
IN THE STATE TREASURY THE WESTERN SLOPE MILITARY VETERANS' CEMETERY
FUND, REFERRED TO IN THIS SECTION AS THE "FUND". THE
DIVISION IS AUTHORIZED TO ACCEPT GIFTS, GRANTS, CONTRIBUTIONS,
AND DONATIONS FOR THE PURPOSES OF THIS SECTION. THE FUND SHALL
CONSIST OF SUCH MONEYS RECEIVED THROUGH GIFTS, DONATIONS, CONTRIBUTIONS,
OR GRANTS FROM ANY PERSON OR ENTITY. ANY INTEREST DERIVED FROM
THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED
TO THE FUND. AT THE END OF ANY FISCAL YEAR, ALL UNEXPENDED AND
UNENCUMBERED MONEYS IN THE FUND SHALL REMAIN THEREIN AND SHALL
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER
FUND.
(b) THE GENERAL ASSEMBLY SHALL MAKE APPROPRIATIONS
FROM THE FUND TO THE DIVISION FOR THE IMPLEMENTATION OF THIS SECTION.
(c) SUBJECT TO AVAILABLE APPROPRIATIONS,
THE DIVISION MAY CONTRACT FOR PROFESSIONAL SERVICES NECESSARY
FOR THE IMPLEMENTATION OF THIS SECTION.
(3) NO GENERAL FUND MONEYS AND NO ADDITIONAL
STATE EMPLOYEES SHALL BE USED TO CREATE OR MAINTAIN THE STATE
VETERANS' CEMETERY.
SECTION 3. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the western slope cemetery cash fund created
in section 2610110, Colorado Revised Statutes, not
otherwise appropriated, to the department of human services for
the allocation to the division of veterans affairs, for the fiscal
year beginning July 1, 1997, the sum of one hundred fifteen thousand
dollars ($115,000), or so much thereof as may be necessary, for
the implementation of this act.
SECTION 4. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO