(1)(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 and expend gifts, grants, contributions, and donations for the purposes of
this section. The fund shall consist of such moneys received through gifts, grants,
contributions, or donations, from any person or entity, and any moneys appropriated
to the fund by the general assembly. 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)Subject to available appropr
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(1) (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 and expend gifts, grants, contributions, and donations for the purposes of
this section. The fund shall consist of such moneys received through gifts, grants,
contributions, or donations, from any person or entity, and any moneys appropriated
to the fund by the general assembly. 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) Subject to available appropriations, the division may contract for
professional services necessary for the implementation of this section.
(2) (a) The general assembly hereby authorizes the establishment and
maintenance of a state military veterans' cemetery for the western slope, referred
to in this section as the cemetery. The division is directed to prepare, develop,
construct, and maintain such cemetery at the site described in paragraph (b) of
subsection (3) of this section. The division may enter into contracts or agreements
with any person or public or private entity to prepare, develop, construct, operate,
and maintain such cemetery. The cemetery shall be for the purpose of providing for
the interment of Colorado residents who are military veterans and their spouses
and dependents, as determined by the division. In addition, the adjutant general by
rule may permit the interment of other veterans and their spouses and dependents
in the cemetery and permit the division to assess a reasonable fee for the interment
of such non-Colorado residents. All such fees collected shall be credited to the
fund created pursuant to paragraph (a) of subsection (1) of this section. The
adjutant general, in consultation with the board, shall promulgate such rules as may
be necessary to establish and maintain the cemetery in compliance with applicable
state and federal statutes and rules.
(b) The general assembly may appropriate moneys from the general fund to
the fund for the implementation of this section, including but not limited to the
payment of costs associated with the operation and maintenance of the cemetery.
(c) (I) If the entire general fund appropriation made to the department of
human services, for allocation to the division of veterans affairs, for the fiscal year
that commenced on July 1, 1999, is not needed to pay the costs for design and
construction of the cemetery, the remainder of such appropriation may be used
prior to July 1, 2002, by the department of human services and on or after July 1,
2002, by the department to pay any costs associated with the operation and
maintenance of the cemetery without further appropriation by the general
assembly.
(II) Any appropriation made on and after July 1, 2002, for the operation and
maintenance of the cemetery shall be appropriated to the department of military
and veterans affairs.
(3) (a) The general assembly hereby finds, determines, and declares that any
use of the property described in paragraph (b) of this subsection (3) as the
cemetery 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.
(b) The division, in preparing, developing, constructing, and maintaining the
cemetery, may use for such purposes a parcel consisting of approximately twenty
acres of unimproved property within the eastern portion of the real property known
as the Grand Junction regional center and shall enter into all necessary agreements
to secure the appropriate property rights for such parcel.
(4) The division is hereby authorized to provide for surveys, engineering
studies, conceptual and architectural plans, environmental impact studies, and
other similar preliminary design and construction work as part of the pre-application for funding approval by the federal department of veterans affairs for
the cemetery. The division is authorized to seek full reimbursement for such pre-application and design work from the federal department of veterans affairs.
(5) The general assembly shall appropriate annually from the fund to the
department, for allocation to the division, for any costs associated with the
operation and maintenance of the cemetery and for the implementation of this
section.