Sunday, March 13, 2016

Colorado's Legislative Council – did they let veterans down on Referendum E?

I'm learning so much as I follow the trail of Colorado's disabled veteran property tax exemption, the 2006 Referendum E.

What I've learned about is Colorado's legislative process. Reading about it I've got a better picture about the history of our disabled vet property tax exemption and problems now surfacing.

The steps begin with the Legislature sending the language of a referendum to the Legislative Council to insure its legality, compliance with style and format. That means the property tax exemption was carefully worded by the Legislative Council for the specific words by which the Constitution would be amended, and also the words by which the electorate would be guided to an understanding of the referendum adequate to have an informed opinion when voting.

You can see what they did below in the referendum's plain-language description. Attention is drawn to the highlighted words in the "who qualifies for the tax deduction" section. Consider...this was written by the Legislature's "experts"??
"Who qualifies for the tax reduction? Homeowners who have served on active duty in the U.S. Armed Forces and are rated 100-percent permanently disabled by the federal government due to a service-connected disability qualify for the tax reduction in Referendum E. Colorado National Guard members injured while serving in the U.S. Armed Forces also qualify. Veterans are rated 100-percent permanently disabled when a mental or physical injury makes it impossible for the average person to hold a job and the disability is lifelong. Nationally, less than one percent of veterans have a 100-percent permanent disability rating. About 2,200 veterans are expected to qualify for the property tax reduction in Colorado."
After the voters approved Referendum E by 78% and by it, created Article X Section 3.5 of the Colorado Constitution, it became the job of the Legislature to craft enabling legislation. Once done, that headed over to the Colorado Legislative Council for the same reasons...legal clarity, compliance with the Constitution, form and style. This is where serious problems popped up. Legislation did not match the newly-amended Constitution! The electorate was duped.

What the Legislative Council approved for the Referendum E'/Article X Section 3.5 enabling statute drifted far from what the electorate were told they'd voted for. Struck from the statute was a very important group of veterans the state now cites statute to deny the exemption, even though this category of disabled vet is spelled out in tht Cinstitution. Vets whose injuries leave them unable to work are termed "permanent and total service connected unemployability" ratings. That's bad because the Legislative Council blocked about half of the veterans the electorate voted to help! From the 2006 Blue Book:
"Veterans are rated 100-percent permanently disabled when a mental or physical injury makes it impossible for the average person to hold a job and the disability is lifelong."
Disabled veterans with VA's unemployability disability rating were specified as what the voters were helping, became in the administration of the statute by CMDVA a group specified as unqualified.

That's a complete 180º shift away from the Constitution, enough to disappoint this veteran! 

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