(1)There is created the division of veterans affairs in the department of military and
veterans affairs, the head of which is the director of the division of veterans affairs
who is appointed by the adjutant general acting in the adjutant general's capacity
as the administrative head of the department. The director shall appoint such
assistants and clerical employees as may be deemed necessary to effectively
administer this part 7 and part 8 of this article 5. The director and such assistants
and employees must be appointed pursuant to section 13 of article XII of the state
constitution. The division of veterans affairs and the director of the division of
veterans affairs are type 2 entities, as defined in section 24-1-105.
(2)Whenever any law of this state refers to the Colorad
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(1) There is created the division of veterans affairs in the department of military and
veterans affairs, the head of which is the director of the division of veterans affairs
who is appointed by the adjutant general acting in the adjutant general's capacity
as the administrative head of the department. The director shall appoint such
assistants and clerical employees as may be deemed necessary to effectively
administer this part 7 and part 8 of this article 5. The director and such assistants
and employees must be appointed pursuant to section 13 of article XII of the state
constitution. The division of veterans affairs and the director of the division of
veterans affairs are type 2 entities, as defined in section 24-1-105.
(2) Whenever any law of this state refers to the Colorado department of
veterans affairs or to the veterans affairs section, said law shall be construed as
referring to the division of veterans affairs.
(3) The division and the board shall, on and after July 1, 2002, execute,
administer, perform, and enforce the rights, powers, duties, functions, and
obligations vested in the department of human services pursuant to articles 9 and
10 of title 26, C.R.S., prior to said date. On and after July 1, 2002, any officers or
employees of the department of human services whose primary duties were to
carry out the functions specified in articles 9 and 10 of title 26, C.R.S., prior to said
date and whose duties and functions concerned the duties and functions
transferred to the division pursuant to this part 7 and part 8 of this article, and
whose employment in the division is deemed necessary by the director to carry out
the purposes of this article shall be transferred to the department and become
employees thereof. Such employees shall retain all rights to the personnel system
and retirement benefits pursuant to the laws of this state, and their services shall
be deemed to have been continuous. All transfers and any abolishment of positions
in the state personnel system shall be made and processed in accordance with
state personnel system laws and regulations.
(4) (a) On July 1, 2002, all items of property, real and personal, including
office furniture and fixtures, books, documents, and records of the department of
human services prior to said date pertaining to the duties and functions transferred
to the division pursuant to this part 7 and part 8 of this title are transferred to the
department and become the property thereof.
(b) On or before September 1, 2002, the department of human services and
the department of military and veterans affairs shall agree on the method, scope,
and procedures for the transfer of any property, mineral, and water rights involving
the western slope military veterans cemetery, as described in section 28-5-708, in
order to ensure that the use of said cemetery is continuous and consistent with
federal law.
(c) The general assembly requests the department of human services and
the state board of land commissioners to transfer, without compensation, by any
procedure necessary, any appropriate property, mineral, and water rights involving
the western slope military veterans' cemetery, as described in section 28-5-708, to
the department of military and veterans affairs, within two months of the
completion of a legal survey of the property described in section 28-5-708.
(d) The general assembly further requests the department of human services
and the state board of land commissioners to report to the state, veterans, and
military affairs committees of the senate and house of representatives, or their
successor committees, no later than July 15, 2005, that the transfer of appropriate
property, mineral, and water rights requested in paragraph (c) of this subsection (4)
has been completed.
(5) Whenever the department of human services is referred to or designated
by a contract or other document in connection with the duties and functions
transferred to the division pursuant to this part 7 and part 8 of this article, such
reference or designation shall be deemed to apply to the department of military
and veterans affairs. All contracts entered into by the department of human
services prior to July 1, 2002, in connection with the duties and functions
transferred to the department of military and veterans affairs pursuant to this part
7 and part 8 of this article are hereby validated, with the department of military and
veterans affairs succeeding to all the rights and obligations of such contracts. Any
appropriations of funds from prior fiscal years open to satisfy obligations incurred
pursuant to such contracts are hereby transferred and appropriated to the
department for the payment of such obligations.