Within the limitations of the facilities of the home, the board may admit to membership the following:

(a) Those men and women of Colorado who served at least 90 days of active duty in the armed forces of the United States during a war period or under conditions comparable thereto as may be determined by the board, and who meet the following requirements:

(1) Who were discharged from such service under conditions considered honorable by the board;

(2) Who are found by the board to lack adequate means of support for themselves and dependents, and are temporarily or permanently incapacitated, due to physical disability or age, from following any substantially gainful occupation;

(3) Who are eligible to similar care in a facility controlled by the United States veterans' administration;

(4) Who are 50 years of age or over:

(5) Who were bona fide residents of Colorado at the time of entering service with the armed forces and who have resided in Colorado continuously for 7 years next preceding the date of application for membership.

(6) Veterans with less than 90 days of service, if otherwise qualified as specified herein, shall be considered elegible if such service was terminated as a result of service connected disability. Disabled veterans under 50 years of age, if otherwise qualified, may be admitted if unable to secure adequate care from the federal government. Veterans whose services are not credited to Colorado but who are otherwise qualified for membership may be admitted if they have resided continuously in Colorado, for the 10 years next preceding the date of application. Residence in Colorado for the purpose of this subsection may not be initiated by residence in a United States veterans' administration facility but may be gained when transferred from any other state institution, if otherwise eligible and only domiciliary care has been rendered.

(b) The wives of those veterans who are eligible to membership under the provisions of paragraph (a) who have lived continuously with their veteran husbands not less than 10 years before making application, and whose husbands are members of the home or are institutionalized because of physical or mental disability. Wives who become members after July 1, 1953 and who become widowed while they are members of the home must qualify for membership as widows under the provisions of subsection (c) if their membership is to be continued.

(c) The widows of those veterans who, if living, would be qualified under paragraph (a) who were married to and living with their veteran husbands not less than 10 years immediately prior to death; who have not remarried; who are physically disabled; who are unable adequately to care for themselves and lack adequate means of support. Widows who were married to and living with the veteran at the time he entered service with the armed forces, if otherwise eligible, shall be considered eligible if such marriage was terminated before 10 years by the death of the veteran while in service or as a result of physical disabilities incurred during such service.

(d) The widowed mothers of veterans whether living or dead, qualified for membership under paragraph (a), when such widowed mothers have reached the age of 60 years, and are physically disabled, are unable adequately to care for themselves, and lack adequate means of support.

(e) No persons shall be admitted to the home who have been convicted of a felony, or of a crime involving moral turpitude, without producing sufficient evidence of subsequent good conduct and reformation of character as to be satisfactory to the home, nor shall any chronic alcoholics, drug addicts, psychotics, or active tuberculous cases be admitted.

(f) The members of the home on July 1, 1953, shall not be required to requalify for membership because of changes made in eligibility standards unless they are subsequently discharged and later apply for re-entry into the home, or unless the financial or physical status of any member has changed or improved so that he would no longer be eligible for admission under the standards applicable at the time of his admission. After such date the board shall refuse admission to persons who have conveyed or disposed of property or any interest therein of a value in excess of $500 by gift or sale for an inadequate consideration, except in cases where the property is conveyed to the state of Colorado. If the board determines that any such conveyance or disposition of property had no relation to prospective entrance into the home, the last above provision shall not be applicable.

(g) Applications, except in cases where there is immediate need for physical care or economic assistance, shall be passed upon in the order of priority in point of time of the commencement of the military service upon which the privilege of membership in the home is based. Wives, widows and mothers shall have the same priority as that of the person from whom their privilege of membership is derived.

(h) In the event that there are vacancies in said home and there are no applications for admission from the classes above named, then and in that event and none other the governor as head of the department of public institutions shall have and exercise:

(1) All the right and power to transfer aged, senile inmates or persons from all state institutions, homes or schools not penal in character, to the soldiers' and sailors' home, whenever it satisfactorily appears to him that it is to the advantage of the inmate or inmates, or such person or persons, and to the advantage of the state of Colorado to make such transfer.

(2) Upon the recommendation of the commander of the home, the director of public institutions and with the advice of his advisory board, all the right and power to transfer inmates admitted to the soldiers' and sailors' home, from said home to any other like or comparable home or hospital, whenever it satisfactorily appears to him that it is to the advantage of the inmate and to the state to make such transfer. And any such transfer or transfers shall not change or alter the status of the inmate or inmates, or diminish, extinguish or enlarge the state's right to payment for the support and maintenance of said inmate or inmates after transfer.

(i) All members of the home, regardless of their date of admission, shall pay the following portions of their annual income into the general fund of the state:

Payments of the amounts indicated above shall be made at such time and in such amounts as the board of the home shall provide by rule or regulation. The board may remit not to exceed $10 monthly from the payments required of each married veteran for the personal use of his wife while she is a member of the home. The board may remit such sums monthly as it deems necessary for the care of non-member dependents of a member. "Income" as used in this section, shall include, without limitation by enumeration, all pensions from state, federal or private sources, annuities, social security payments and recurrent insurance payments from state, federal and private sources but shall not include wages, salary or payment to a member for services rendered to the home as an employee thereof. [L. '19, p. 338, § 1; amending L. '15, p. 413, § 1; which amended L. '11, p. 413, § 1; which amended R. S. '08, § 6037; C. L., § 695; L. '23, p. 225, § 1; L. '27, p. 644, § 1; L. '45, p. 643, § 3; L. '47, p. 797, § 1; L. '51, p. 765, § 3; L. '53, p. 567, § 3, effective July 1, 1953.]

The 1951 amendment inserted near the middle of the section the words "and who may require care or treatment or unable to provide for himself", deleted the former last sentence, which related to degree of disability, and added the present last sentence.

The 1953 amendment rewrote this section, which now covers the subject matter of former 5 of this chapter.

§ 5. Superseded by 8 4 of this chapter, as amended.

§ 7. Officers of home-Appointment.

For subsequent statute affecting this section, see § 7 (1) of this article.

§ 7 (1). Board to operate and conduct home and employ personnel.-The board of commissioners of the Colorado soldiers' and sailors' home (hereinafter referred to as the home) shall operate and conduct the soldiers' and sailors' home at Homelake, and employ a commandant and such officers, nurses, attendants and other personnel as may be necessary for the proper conduct of the home. Complete personal maintenance and medical care shall be furnished all members under the policy of the board. [L. '53, p. 567, § 2, effective July 1, 1953.]

§ 15 (1). Property of deceased member without legal heirs passes to state.If any member of the home shall die without legal heirs, his property both real and personal or mixed shall pass to the state of Colorado for the sole use and benefit of the home, and no will, previously or hereafter drawn, making a contrary disposal shall be valid. A wife or mother residing at the home shall be included among and considered as a legal heir for the purpose of this section. [L. '53, p. 570, § 4, effective July 1, 1953.]

§ 15 (2). Proceedings to collect claim due home.-Upon the failure, neglect or refusal of said person or persons, or his or her conservator, guardian, executor or administrator to pay the claim of said soldiers' and sailors' home, as hereinbefore provided, upon the complaint of the commander, or the director of public institutions and the requirement of the governor, the attorney general shall institute, maintain and prosecute an action in law for the collection and payment of the said claim or claims of said soldiers' and sailors' home, [L. '53, p. 570, § 5, effective July 1, 1953.]

§ 15 (3). Commandant may receive and disburse personal funds of members.-The commandant of the home may receive, disburse and account for personal funds of members of the home, other than state funds, received from any source, under policies adopted by the board. [L. '53, p. 570, § 6, effective July 1, 1953.] § 17 (2). Veterans eligible for burial at home.-Any veteran who served honorably in any branch of the military forces of the United States, while engaged in any war of the United States and who at the time of his death was a resident of this state, shall be eligible for burial and interment at the home. Cost of preparing grave and erection of marker shall be paid from the appropriation made to the home. [L. '53, p. 571, § 7, effective July 1, 1953.]

§ 17 (3). Burial provided for wife, widow or mother of veteran.-Burial shall be provided in the cemetery of the home for any wife, widow or mother of an honorably discharged veteran of any branch of the military forces of the United States who was engaged in any of its wars, where such wife, widow or mother at the time of her death was a member of the home. All expenses incident to the burial at the home of a person defined in this subsection shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation made to the home. [L. '53, p. 571, § 8, effective July 1, 1953.] § 17 (4). Board authorized to acquire lands and lease or sublet same. The board shall have power to acquire by gift, purchase, lease or condemnation, lands necessary for the purposes of the home with power to lease or sublet the Title thereto shall be taken in the name of the state of Colorado and shall be held by and for the uses and purposes of said home so long as used for the present objects and purposes thereof. No payment shall be made out of the state treasury or otherwise for any such land until the title has been examined and approved by the attorney general. Every such deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state. [L. '53. D. 571, § 9, effective July 1, 1953.]

same.

95196-57- -28

VETERANS HOMES COLORADO REV. STATUTES, 1953, §§ 143-1-1 To 143-1-23

CHAPTER 143

VETERANS

Cross reference: For purchase of state lands by veterans, see 112-5-1 and 112-6-1 et seq.

Art. 1. Soldiers' and sailors' home, 143-1-1 to 143-1-23.

Art. 2. Burial of soldiers and sailors, 143-2-1 to 143-2-10.

Art. 3. Uniform veterans' guardianship law, 143-3-1 to 143-3-23.

Art. 4. Recording discharges, 143-4-1.

Art. 5. Veterans' service office and officers, 143-5-1 to 143-5-5.

Art. 6. Veterans' education and training, 143-6-1 to 143-6-9.
Art. 7. Department of veterans affairs, 143-7-1 to 143-7-10.

Art. 8. Investments by Veterans Administration fiduciaries, 143-8-1.
Art. 9. Loans to minor veterans, 143-9-1.

ARTICLE 1

SOLDIERS' AND SAILORS' HOME

143-1-1. 143-1-2.

Membership of board.

Compensation of commissioners-meetings.
Election of officers-duties.

System of government.

Commissioner not interested in contract.

143-1-3.

143-1-4.

Home personnel.

143-1-5.

143-1-6.

143-1-7.

143-1-8.

143-1-9.

Board's books-inspection.

Report of board.

Bills paid by warrant.

143-1-10. Admission to membership.

143-1-11. Claims against member's estates.

143-1-12. Personal funds of members.

143-1-13. Benefit fund for members.

143-1-14. Property of deceased members-sale. 143-1-15. Burial of deceased veterans.

143-1-16. Burial of wives and mothers.

143-1-17. Donations for home-title.

143-1-18. Acquisition of land-title.

143-1-19. Plans for building.

143-1-20. Construction of buildings. 143-1-21. Purpose of buildings. 143-1-22. Tax levied and assessed. 143 1-23. Anticipation warrants.

143-1-1. Membership of board. The government of the soldiers' and sailors' home shall be vested in a board of commissioners, hereinafter called the board, consisting of seven members, who shall be citizens of Colorado and honorably discharged soldiers, sailors, marines or wartime nurses of the armed forces of the United States of America and five of said members shall be members of the Disabled American Veterans of the Department of Colorado, the Veterans of Foreign Wars of the Department of Colorado, the Spanish War Veterans of the Department of Colorado and the American Legion of the Department of Colorado, but not more than two representatives from any one of said organizations, and only such persons whose names have been transmitted in writing to the governor by the organizations herein mentioned shall be eligible for appointment. All of said members shall be appointed by the governor with the consent of the senate. Two members of the board shall be appointed for a term expiring April 30, 1954; two for a term expiring April 30, 1955; one for a term expiring April 30, 1956; and two for a term expiring April 30, 1957. Thereafter, all regular appointments shall be for a term of four years, beginning the day after the expiration of the preceding term. Vacancies occurring during any term shall be filled by the governor for the unexpired portion of the term in which they occur subject to the provisions hereof.

The board of commissioners of the soldiers' and sailors' home shall have sole care, control and direction of the affairs of the soldiers' and sailors' home and be accountable to the governor.

Source: L. 53, p. 566, § 1.

Cross reference: Compare 3-11-5.

143-1-2. Compensation of commissioners-meetings. All of said commissioners shall serve without compensation, except they shall be entitled to their actual expenses incurred in the transaction of any business by and under the direction of the board of commissioners, to be paid upon sworn statements, as other expenses of the home are paid. They shall hold their regular meetings quarterly at the home, or elsewhere in the state of Colorado at the discretion of the com

mission, and may hold such other meetings as may be deemed necessary by the president.

Source: L. 95, p. 104; § 2; R. S. 08, § 6035; C. L. § 693; CSA, C. 150, § 2; L. 45, p. 643, § 2.

143-1-3. Election of officers-duties. The commissioners, at the regular April meeting, shall biennially reorganize and elect a president, secretary, and treasurer, each of whom shall be a "long term commissioner." It shall be the duty of the treasurer to receive all donations and gifts to the home and forward same to the treasurer of the state of Colorado, for use by the commission, keeping a record thereof.

Source: L. 95, p. 105,. § 5; R. S. 08, § 6038; C. L. § 697; CSA, C. 150, § 6; L. 45, p. 644, § 4.

143-1-4. Home--personnel. The board of commissioners of the Colorado soldiers' and sailors' home, hereinafter referred to as the home, shall operate and conduct the soldiers' and sailors' home at Homelake, and employ, pursuant to article XII, section 13, of the constitution, a commandant and such officers, nurses, attendants, and other personnel as may be necessary for the proper conduct of the home. Complete personal maintenance and medical care shall be furnished all members under the policy of the board. The commandant shall live at the home with his family, if he shall have a family, and devote his entire time to the duties at the home.

Source: L. 95, p. 105, § 6; R. S. 08, § 6039; C. L. § 698; CSA, C. 150, §7; L. 53, p. 567, § 2.

General. The civil service commission has no power to appoint a commandant for the state soldiers' and sailors' home, but only to certify an eligible for the position. The board alone has the power to appoint. Roberts v. People ex rel. Duncan (1927) 81 C. 338, 255 P. 461.

143-1-5. System of government. The board shall prepare and carefully digest and mature a system of government for said home, embracing all such rules, regulations and general laws as they may deem necessary for preserving order, enforcing discipline and preserving the health of such disabled soldiers, sailors or marines, as may be received at the home, and to this end may make such rules governing the use and care of the pensions of all inmates as they may deem necessary.

Source: L. 95. p. 106, § 7; R. S. 08. § 6040; C. L. § 699; CSA, C. 150, § 8.

General. An order of the board prohibiting the sale of merchandise on the home grounds by private individuals, is within its powers and not an abuse of discretion and does not invade any constitutional right of an inmate of the institution. Colorado State Soldiers' & Sailors' Home v. Dunlap (1928) 83 C. 360, 265 P. 94.

143-1-6. Commissioner not interested in contract.-It shall be unlawful for any member of the board of commissioners to be interested, either directly or indirectly, in any contract for the furnishing of supplies, the erection of buildings, the improvements of the grounds or in any manner whatsoever with the care or maintenance of said home.

It shall also be unlawful for any member of said board or any officer thereof to appoint or have appointed to any position in said home any relative of said commissioner or his family.

Source: L. 95, p. 107, § 11; R. S. 08, § 6044; C. L. § 702; CSA, C. 150, § 11.

143-1-7. Board's books-inspection.-It shall be the duty of the board to keep a set of boks at the home, with a full and accurate account of all purchases and expenditures for the home, and a full record of the business of the board, which books and records, as well as the home, shall at all times be open to the board of managers of the national home for disabled volunteer soldiers.

Source: L. 95, p. 108, § 13; L. 99, p. 348, § 4; R. S. 08, § 6040; C. L. § 704; CSA, C. 150, § 13.

143-1-8. Report of board.-The board of commissioners of the home, by their president and secretary, on or before the fifteenth day of December of each year, shall make a report to the governor, which shall contain a full and complete account of the work performed at the home; of all moneys received from all sources, and a detailed account of all moneys expended in the maintenance of the home in all respects: the names, places of birth, age and full record of service in the army, navy or marine, of all persons admitted to said home, and each person upon whose record any dependent may be admitted; last place of residence of