§ 28-3-101. Definitions

As used in this article 3, unless the context otherwise requires:

1. “Active service” means full-time service on behalf of the state when ordered by competent authority.
2. “Armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard of the United States.
3. “Board” means the Colorado board of veterans affairs.
4. “County veterans service officer” means any person appointed to serve as such pursuant to section 28-5-801.
5. “Department” means the department of military and veterans affairs created and existing pursuant to section 24-1-127, C.R.S.
6. “Director” means the director of the division of veterans affairs.
7. “Division” or “division of veterans affairs” means the division of veterans affairs created and existing within the department of military and veterans affairs.
8. “In the service of the United States” and “not in the service of the United States” mean the same as such terms are used in the “National Defense Act of Congress”, approved June 3, 1916, and amendments thereto.
9. “Master settlement agreement” means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research–U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.
10. “Military forces” includes the federally recognized National Guard and any other organizations or components of the organized militia as may be created by the governor pursuant to federal or state law.
11. “Military service” means service in any of the armed forces of the state of Colorado or the United States.
12. [ Editor’s note: This version of subsection (12) is effective until notice to the revisor of statutes that the Space National Guard is created is received. See editor’s note following this section.] “National Guard” includes the Army National Guard and the Air National Guard.

    (12) [ Editor’s note: This version of subsection (12) is effective upon notice to the revisor of statutes that the Space National Guard is created. See editor’s note following this section. ] “National Guard” includes the Army National Guard, the Air National Guard, and the Space National Guard.

13. “On duty” includes periods of drill and such other training and service as may be required under state or federal law, regulations, or orders.

    (13.5) “Saboteur” means a person who intentionally destroys, damages, moves, or interferes with any property with reasonable grounds to believe that the act will interfere with the preparation of the United States or any state for defense or for war or with the prosecution of war by the United States.

    (13.7) “Terrorist” means a person who has engaged in, or is suspected of engaging in, acts of terrorism, as that term is defined in 18 U.S.C. sec. 3077 (1), as amended.

14. “Trust fund” means the Colorado state veterans trust fund created in section 28-5-709.
15. “Veteran” means a person who served in the active military, naval, or air service of the United States, and who was discharged or released therefrom under conditions other than dishonorable.

Source: L. 55: p. 606, § 1. CRS 53: § 94-9-1. C.R.S. 1963: § 94-1-1. L. 2002: (13.5) and (13.7) added, p. 584, § 1, effective May 24; entire section R&RE, p. 343, § 2, effective July 1. L. 2021: IP and (2) amended (HB 21-1231), ch. 206, p. 1077, § 5, effective May 28; IP and (12) amended (HB 21-1231), ch. 206, p. 1077, § 6, effective (see editor’s note).

Editor’s note:

1. Subsections (13.5) and (13.7) were originally enacted as (7) and (8), respectively, in Senate Bill 02-099 but have been renumbered on revision and harmonized with amendments to this section by House Bill 02-1413.
2. Section 15(2) of chapter 206 (HB 21-1231), Session Laws of Colorado 2021, provides that changes to subsection (12) take effect only if the federal government creates the Space National Guard in the “FY 2022 National Defense Authorization Act” and take effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 28-5-703.5, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on May 28, 2021, whichever is later. As of publication date, the revisor of statutes had not received the written notice.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 121, Session Laws of Colorado 2002.