(1) The adjutant general
has the following powers and duties:
(a) The adjutant general shall be the chief of staff to the commander in chief
and the administrative head of the department of military and veterans affairs.
Whenever any law of this state refers to the military department, said law shall be
construed as referring to the department of military and veterans affairs.
(b) He or she shall have custody of all military records, correspondence, and
other military documents. He or she shall be the medium of military correspondence
with the governor and perform all other duties pertaining to his or her office
prescribed by law.
(c) The adjutant general shall prepare and transmit annually, in the form and
manner prescribed by the heads of the principal departments pursuant to the
provisions of section 24-1-136, C.R.S., a report accounting to the governor and the
state, veterans, and military affairs committees of the house of representatives and
the senate for the efficient discharge of all responsibilities assigned by law or
directive to the adjutant general.
(d) He or she shall make and transmit to the federal government such
reports and returns as are required by the laws of the United States.
(e) He or she shall, when necessary and pursuant to the provisions of section
24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be
reproduced and distributed to the commissioned officers and the several
organizations of the National Guard.
(f) He or she shall cause to be prepared and issued all necessary books,
blanks, and notices required to carry into full effect the provisions of the military
code. All such books and blanks are the property of the state.
(g) The seal of office of the adjutant general shall contain the coat of arms of
the state with the words added thereto State of Colorado, Adjutant General's
Office, and said seal shall be delivered by him or her to his or her successor. All
orders issued from his or her office shall be authenticated with said seal. The
adjutant general shall attest to all commissions issued to officers of the military
forces.
(h) He or she shall superintend the preparation of all returns and reports
required by the United States from the state on military matters.
(i) In the absence of the adjutant general or temporary inability to perform
his or her duties as adjutant general, he or she shall appoint, with the consent of the
governor, an officer of the National Guard to perform the duties prescribed for the
adjutant general. Should the adjutant general be absent or unable to perform his or
her duties for a period of six months or more, it shall be considered cause to justify
his or her removal. Removal under this paragraph (i) shall be at the sole discretion
of the governor.
(j) He or she shall prescribe such regulations not inconsistent with law as will
increase the discipline and efficiency and will preserve and protect the property of
the military forces of the state of Colorado. These regulations, as prepared by the
adjutant general and approved by the governor, shall be published in orders, and
the governor, when in his or her judgment it is necessary, may order the adjutant
general to revise and amend these regulations. The regulations required by this
paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S.
(k) He or she shall submit a budget respecting the military forces for the
ensuing fiscal year for the approval of the controller, and the total of the budget for
such period of time shall not be exceeded.
(l) He or she shall keep the papers, volumes, and records of the department
in an office provided by the state and shall keep such accounts of activities and
expenditures as are necessary and required.
(m) He or she shall attend to the safekeeping and repairing of the ordnance,
arms, accouterments, equipment, and all other military property belonging to the
state or issued to it by the United States. All military property of the state which,
after proper inspection, is found unsuitable for the use of the state, under the
direction of the governor, shall be disposed of by the adjutant general at public
auction or by inviting bids after suitable advertisement of the sale daily for ten days
in at least one newspaper published in the city or county where the sale is to take
place; or the same may be sold at private sale when so ordered by the governor or,
with the approval of the governor, may be turned over to any other department,
board, or commission of the state government by which it can be used. Such
department, board, or commission of the state government shall reimburse the
military fund for the reasonable value of the property so received. He or she shall
bid on the property or suspend the sale when in his or her opinion better prices may
or should be obtained. He or she shall from time to time render to the governor a
just and true account of the sales made by him or her and shall deposit the
proceeds of the same in the military fund.
(n) He or she shall not issue or cause to be issued military property to
persons or organizations other than those belonging to the National Guard, except
in cases of emergency and then only on written approval of the governor.
(o) All purchases, with the exception of emergency purchases, shall be made
through the executive director of the department of personnel in the manner
provided by law. All property purchased under the authority granted shall be
inspected by an inspector or an officer detailed for that purpose by the adjutant
general, and no payment shall be made therefor until it appears by the certificate of
such officer that such property is of the kind and quality specified in such
agreement or contract. In case of emergency, the governor may suspend the
operation of this paragraph (o) and direct the adjutant general in writing to
purchase such military property as may be required in the open market. The
governor shall report such actions with the reasons therefor and statement of the
property purchased and the prices paid therefor to the general assembly at its next
session. All payments shall be made by voucher drawn upon the military fund of the
state upon such form as may be provided by the controller of the state of Colorado.
Each voucher shall show the attestation of the adjutant general that it is within the
budget as approved by the governor.
(p) He or she shall employ such clerks, laborers, and other force as may be
required for his or her office, other departments, armories, and properties of the
National Guard, and, in all cases of employment under this provision, a preference
shall be extended to members of the National Guard. The pay of such clerks and
other force shall be determined and fixed by the adjutant general with the approval
of the governor and consistent with the pay for equivalent positions under the state
personnel system. In case of emergency or when authorized by the governor, he or
she may employ such additional temporary assistants as are necessary, to be paid
from the amounts appropriated for the maintenance of the military forces.
(q) The adjutant general shall have charge of the campgrounds and military
reservations of the state and shall be responsible for the protection and safety
thereof, and the adjutant general shall promulgate regulations for the maintenance
of order thereon, for the enforcement of traffic rules, and for all other lawful
regulations as may be ordered for the operation, care, and preservation of existing
facilities and installations on all state military reservations. The adjutant general
shall keep in repair all state buildings and other improvements thereon and may
make such sound improvements thereon as the good of the service requires.
Subject to appropriation by the general assembly, the adjutant general may
disburse state money, including, but not limited to, money in the real estate cash
fund and the capital construction fund, in accordance with this section.
(r) The adjutant general, by and with the advice and approval of the governor,
is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for
the use of the state of Colorado such buildings, lands, tenements, and
appurtenances thereof as may be from time to time deemed necessary for use by
the National Guard. All titles shall be taken in the name of the governor of the state
of Colorado for the use of the National Guard. Any purchase of such buildings or
other real property or any capital construction performed on real property
purchased or held by the state of Colorado for the use of the National Guard is
subject to the provisions of part 13 of article 3 of title 2 concerning capital
development. Prior to acquiring any real property pursuant to the provisions of this
subsection (1)(r), the adjutant general shall submit a report to the capital
development committee which describes the anticipated use of such real property,
the maintenance costs related to such real property, the current value of such real
property, any conditions or limitations which may restrict the use of such real
property, and any potential liability to the state which could result from acquiring
such real property. The capital development committee shall review any such
report which is submitted to the capital development committee and shall provide
recommendations to the adjutant general concerning the proposed real property
acquisition within thirty days after the date of receipt of such report. The adjutant
general shall not complete any such real property acquisition without considering
any recommendations of the capital development committee which are provided
within such thirty-day period. Subject to appropriation by the general assembly, the
adjutant general may disburse state money, including, but not limited to, money in
the real estate cash fund and the capital construction fund, in accordance with this
section.
(s) (I) If, in the judgment of the adjutant general, any real estate that has
been acquired for military purposes is unsuitable for military purposes, the adjutant
general, by and with the approval of the governor, in writing, has authority to sell,
trade, or otherwise dispose of such real estate, but, except as otherwise provided
by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for
less than its appraised value. The appraised value of such real estate shall be
determined by an appraiser who is licensed or certificated pursuant to part 6 of
article 10 of title 12 and who is selected by the adjutant general from a list of three
qualified individuals submitted to the adjutant general by the department.
Appraisers shall be selected for the list, and their fees shall be negotiated in
accordance with the standards established by part 14 of article 30 of title 24. The
adjutant general, by and with the advice and approval of the governor, is authorized
to lease any property belonging to the department when it is not needed for the
immediate use of the department. All conveyances that are required for the
purpose of this section shall be executed by the governor under the seal of the
state, and the proceeds of all sales, trades, or other disposition shall be placed in an
account to be invested by the state treasurer as provided in section 24-36-113. Any
interest earned on the investment or deposit of such proceeds shall remain in such
account and shall not be credited to the general fund or any other fund of the state.
Said proceeds and any interest thereon shall be disbursed by authority of the
adjutant general, subject to appropriation by the general assembly, only for the
construction, repair, improvement, acquisition, or costs of acquisition or sale of
armories throughout the state. Costs of acquisition or sale shall include but need
not be limited to appraisals, site surveys, environmental surveys, title work,
property inspections, closing costs, legal fees, real estate fees, site preparation, or
utility studies. Prior to disposing of any real property pursuant to the provisions of
this subsection (1)(s), the adjutant general shall submit a report to the capital
development committee that describes such real property, the maintenance costs
related to such real property, the current value of such real property, any conditions
or limitations that may restrict the use of such real property, and the terms of the
proposed disposition of such real property. The capital development committee
shall review any such report that is submitted to the capital development
committee and shall provide recommendations to the adjutant general concerning
the proposed real property disposition within thirty days after the date of receipt of
such report. The adjutant general shall not complete any such real property
disposition without considering any recommendations of the capital development
committee that are provided within such thirty-day period.
(II) The adjutant general may dispose of real estate acquired but unsuitable
for military purposes for less than its appraised value when the disposition is to an
agency of state government. The adjutant general shall not be required to have an
appraisal performed in order to complete such disposition. In the event an offer has
been made to purchase such real estate for more than its appraised value, prior to
any disposition the adjutant general shall give due consideration to the terms of the
offer and to any cost savings to the state which would result from a transfer of such
real estate to a state agency.
(III) Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the
state treasurer shall transfer four million nine hundred eight thousand three
hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this
section to the general fund.
(IV) On April 1, 2023, the state treasurer shall transfer four million nine
hundred eight thousand three hundred ninety-five dollars from the general fund to
the account specified in subsection (1)(s)(I) of this section.
(t) Repealed.
(u) He or she shall prescribe the rules and regulations described in section
23-7.4-302 (7).
(v) The adjutant general shall ensure that the department complies with the
requirements of section 24-1-136.5, C.R.S., concerning the preparation of
operational master plans, facilities master plans, and facilities program plans for
the department.
(w) Repealed.
(x) The adjutant general is authorized to accept gifts, grants, or donations of
any kind from any private source or from any governmental unit in order to carry out
the functions and duties set forth in this title subject to the conditions upon which
the gifts, grants, or donations are made; except that no gift, grant, or donation shall
be accepted if the conditions attached thereto require the use or expenditure
thereof in a manner contrary to law or require expenditures from the general fund
unless such expenditures are approved by the general assembly.
(y) The adjutant general may make available for public or private use any
distance learning audio and video facilities located within the state. Such public or
private use shall be subject to reasonable fees for the costs, including repair,
replacement, and salaries involved in the use of the facilities, as well as
maintenance and operation of the facilities and equipment.