Wednesday, May 12, 2021

LEGISLATIVE ACTION: Two possible changes to Article X Section 3.5 to add Gold Star Wives' property tax exemption

Perhaps adding Gold Star Wives to the Disabled Veteran's Survivor Property Tax Exemption can be done in a couple different ways. A constitutional amendment is much harder than in earlier years, but legislation or regulatory action might be easier. It bears looking into!

Here are two possible legislative actions, easy-to-use keys we might use by hacking the definition of "disabled veteran" to encompass an active duty death of a soldier, sailor airman or Marine, or a Colorado National Guard member ordered to active state duty:

SECTION 1. In Colorado Revised Statutes, 39-3-202, amend 3 (3.5) as follows: 4 39-3-202. Definitions. As used in this part 2, unless the context 5 otherwise requires:

(FIRST possible revision)

(b)  The owner-occupier is the spouse or surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection OR THE SURVIVING SPOUSE OF AN INDIVIDUAL WHO DIED IN THE LINE OF DUTY IN THE UNITED STATES ARMED FORCES OR IN THE COLORADO NATIONAL GUARD WHILE ACTIVATED FOR STATE CONTINGENCIES




SECOND possible revision)


(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. FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL WHO DIES IN THE LINE OF DUTY WHILE IN THE UNITED STATES ARMED FORCES OR THE COLORADO NATIONAL GUARD WHEN ACTIVATED FOR STATE CONTINGENCIES IS DEEMED A DISABLED VETERAN PREVIOUSLY QUALIFIED FOR A PROPERTY TAX EXEMPTION

 

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