Wednesday, March 9, 2016

Our Colorado Constitution – Why isn't it followed?

They all swore to uphold it.

The Colorado Constitution specifies in Article X Section 3.5 that total disability military service retirements qualify veterans for the state's disabled veteran property tax exemption. Colorado's Department of Military and Veterans Affairs has a policy against that ever since the Constitution was amended by Referendum E in 2006 and denies the benefit of the exemption to qualified disabled veterans.

Article XII Section 8.  Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter. 
Article X Section 3.5 (ignored part in red, abused part in blue)(1.5) For purposes of this section, "disabled veteran" means an individual who has served on active duty in the United States armed forces, including a member of the Colorado national guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has established a service-connected disability that has been rated by the federal department of veterans affairs as one hundred percent permanent disability through disability retirement benefits or a pension pursuant to a law or regulation administered by the department, the department of homeland security, or the department of the army, navy, or air force. 
Not only have the last fifteen words in the Constitution's definition of eligible veteran been dropped in the 2007 statute, CMDVA imperfectly follows the requirement to extend the exemption to vets "rated by the federal department of veterans affairs as one hundred percent permanent disability benefits...pursuant to a law or regulation administered by the department.

This partial state failure is their denial of claims from veterans holding VA's 100% permanent and total service connected disability for unemployment rating. The Constitution and subsequent legislation make no mention of "unemployability" ratings being barred.


Thus, one of two VA total service-connected disability ratings is abused, even though it complies word-for-word with the Colorado Constitution.


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