Colorado Senators - You KILLED Veteran's Survivor Property Tax Exemption for my Widow? WHAT WERE YOU THINKING?

         What Were You Thinking?
NOT ABOUT ME, MY WIFE OR MY KIDS!
THAT'S FOR CERTAIN!

 

DRAFT 2022 BILL EXTENDING PROPERTY TAX EXEMPTION TO "Gold Star Spouses," SURVIVORS OF ACTIVE DUTY MILITARY

This is just an untutored amateur's rough draft following the legislation guide  of a bill that might work to qualify Gold Star Wives for the property tax exemption by legislation instead of a constitutional amendment. Otherwise, an amendment would take a super-majority of the legislature to recommend to the voters.

            

                                                  A BILL FOR AN ACT

CONCERNING THE DISABLED VETERAN SURVIVOR PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSES, AND IN CONNECTION THEREWITH ESTABLISH QUALIFICATION OF A SURVIVING SPOUSE OF A SERVICEMEMBER WHOSE DEATH WAS IN THE LINE OF DUTY WHILE IN THE ARMED FORCES OF THE UNITED STATES OR IN THE COLORADO NATIONAL GUARD ACTIVATED FOR STATE CONTINGENCIES, BY EXTENDING THE DEFINITION OF “OWNER-OCCUPIER PREVIOUSLY QUALIFIED FOR A PROPERTY TAX EXEMPTION”

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                                                               Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Colorado provides the Disabled Veteran Survivor Property Tax Exemption to a survivor of a totally disabled veteran “previously qualified for a property tax exemption,” per § 39-3-203(1.5)(a), Colorado Revised Statutes. The requirement that the veteran be in receipt of the exemption at the time of death necessarily denies the exemption to the survivor of an active-duty servicemember whose death was in the line of duty. Survivors of Colorado National Guard servicemembers whose death was in the line of duty while activated for state contingencies are also denied the exemption. This is contrary to the clear intent of the 2006 Referendum E in which voters approved the exemption to “one hundred percent permanently disabled due to a service-connected disability,” a line of duty death also being, in effect, a total and permanent disability.

This bill extends the definition of “owner-occupier who previously qualified for a property tax exemption” to include servicemembers whose death was in the line of duty while in the Armed Forces of the United States or in the Colorado National Guard while activated for state contingencies, thereby qualifying those surviving spouses for the same property tax exemption as the surviving spouse of a previously qualified disabled veteran.

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Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 39-3-203, amend (11) as follows:

The owner-occupier is the surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under subparagraph (I) of this paragraph, ONLY FOR PURPOSES OF § 39-3-203(1.5)(a), COLORADO REVISED STATUTES, THE SURVIVING SPOUSE WHO HAS NOT REMARRIED OF A SERVICEMEMBER WHOSE DEATH WAS IN THE LINE OF DUTY WHILE IN THE ARMED FORCES OF THE UNITED STATES OR IN THE COLORADO NATIONAL GUARD WHEN ACTIVATED FOR STATE CONTINGENCY;” and

(b) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205 and the circumstances that qualify the property for the exemption have not changed since the filing of the application.  Under no circumstances shall an exemption be allowed for property taxes assessed during any property tax year prior to the year in which an owner-occupier first files an exemption application.

(1.5)(a) For property tax years commencing on or after January 1, 2007, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is a qualifying disabled veteran shall be exempt from taxation if:

(I) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205 ;  and

(II) The circumstances that qualify the property for the exemption have not changed since the filing of the application.

(a.5) For property tax years commencing on or after January 1, 2015, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is the surviving spouse of a qualifying disabled veteran who previously received an exemption under paragraph (a) of this subsection (1.5)  OR SURVIVING SPOUSE WHO HAS NOT REMARRIED OF A SERVICEMEMBER WHOSE DEATH WAS IN THE LINE OF DUTY WHILE IN THE ARMED FORCES OF THE UNITED STATES OR IN THE COLORADO NATIONAL GUARD WHEN ACTIVATED FOR STATE CONTINGENCY, is exempt from taxation. 

SECTION 2.. In Colorado Revised Statutes Title 8. Labor and Industry § 8-14.3-202. Definitions, amend (8) as follows:

“Veteran” means a person who actively served in the United States armed forces and WHO IS MISSING IN ACTION OR WHOSE DEATH WAS IN THE LINE OF DUTY or who was discharged or released under conditions other than dishonorable, in accordance with U.S.C. title 38, as amended.  “Veteran” includes a person serving or who served in the National Guard or as a reservist

BREAK - --WHAT ADMINISTRATIVE DETAILS ARE NEEDED HERE?--BREAK

SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2022, if adjournment sine die is on May 6, 2022)

 

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INFO:

EVIDENCE TO SUBSTANTIATE  APPLICATION:

1. MARRIAGE CERTIFICATE OR EVIDENCE OF CIVIL UNION

2. DEATH CERTIFICATE, OR VA OR DOD STATEMENT 

3. EVIDENCE OF PROPERTY OWNERSHIP BY SERVICEMEMBER OR SPOUSE

4. COMPLETED APPLICATION

NOTE: survivors of active duty servicemembers separated for total disability or rated by VA as 100 per cent permanently and totally disabled and who then die are already eligible for the exemption.

Colorado's Gold Star Wives' Catch-22

Catch-22

Just think about this. 

Colorado has a modest property tax savings just for totally disabled veterans, totally disabled military retirees, and for their survivors. I am referring to the Colorado Disabled Veterans Survivor Property Tax Exemption program. Saves about $600 each for those qualified, with a goal of helping disabled vets and survivors get or keep homes after suffering lifelong total disabilities in the Nation's service.

Think about this also: Colorado refuses this very modest property tax exemption to survivors of military who die in the line of duty on active federal service. None of my county's 245 recipients of the exemption is a war widow or widower, AKA a "Gold Star Spouse."  In fact, there isn't a single one in all of Colorado.

Surviving spouses of active duty military lost in the line of duty just don't qualify. Until we change the rules, they never will. The core problem is that the rules limit the property tax exemption to the disabled vet, and then the survivor if and only if the veteran was receiving it at the time of death.

If you're a civilian, take it from me; While in the process of crashing your airplane, sinking your ship, or getting a bullet through your helmet, it is awkward to first take a few moments out before dying to apply for and be approved for the Colorado exemption. Actually, time does not permit.

You've heard the phrase "Catch-22" for a no-win and absurd situation, a paradoxical situation from which an individual cannot escape because of contradictory rules or limitations. We've certainly invented a whopper with Colorado Constitution Article X Section 3.5 and HB14-1373. 

This macabre situation boils down to coming home alive but disabled after service and save a little money on your property taxes versus dying on duty so your spouse can pay more property taxes. What great choices!

Not that any soldier, sailor, airman or Marine gets to make such a choice; too often, guys in uniforms much different than ours decide that for us by shooting or launching RPG's in our direction. 

Next stop: either:
  (1) the nearest field hospital or
  (2) an aluminum casket with Old Glory across it.

Catch-22. Colorado's Disabled Veteran Survivor Property Tax Exemption.

Colorado Disabled Veteran Property Tax: A Colorado Editorial

VA "UNEMPLOYABILITY" - How did it disqualify vets from Colorado's Disabled Veteran Property Tax Exemption?
by Wes Carter, National Chairperson, The C-123 Veterans Association for the Fort Collins Coloradoan

In 2006 Colorado voters amended our constitution to provide totally disabled military veterans a small partial property tax exemption. This is now Article X Section 3.5 of the constitution and 39-3-202 of our statutes. The Legislative Council 2006 Blue Book explained to voters that federal VA disability ratings are the standard followed by Colorado to qualify veterans for their exemption.

VA has two ratings recognizing a veteran’s total and permanent disability. One rating is for injuries VA rules consider 100% disabling. The other rating is for severe military injuries even worse than the disability percentage VA rules allow for that particular injury or illness, and which make the veteran unable to work for the remainder of his/her lifetime...that rating is termed, "Total Disability Individual Unemployability" (TDIU.) Both of these VA ratings are for total and permanent disability based solely on military illnesses or injuries. 

Nothing in the law permits denying TDIU veterans the tax exemption, yet the state refuses to honor any applications without a basis for refusal. Looking back to the Blue Book’s Referendum E explanation, voters were told it is for veterans so disabled by military illness or injury that meaningful work is impossible for their remaining lifetime. Referendum E passed by a decisive four-to-one margin.

Because voters amended the constitution addressing veterans whose permanent and totally disabling illnesses and injuries caused unemployability for life, there is no justification for agencies to invent disqualifiers for TDIU.

But that’s what happened, and it’s wrong.

As per Colorado’s constitution, federal VA ratings must be respected. Veterans rated totally and permanently disabled, including TDIU, must be afforded their lawful property tax exemption.

Other Coloradans wouldn’t tolerate being unconstitutionally taxed. 

These veterans have been patient long enough.

Veterans need to very carefully read DMVA Property Tax Exemption & UNEMPLOYABILITY web page. Have fun figuring out what they mean!

Carefully read this DMVA web page on the property tax exemption and Individual UNEMPLOYABILITY.

"Unacceptability?"  Individual unACCEPTABILITY? Did DMVA perhaps have a little typo and actually mean unEMPLOYABILITY???

Has a solution arrived for Colorado's Disabled Veteran Property Exemption?

One of the staff at the Department of Military and Veterans Affairs described their view on disabled veterans rated totally and permanently disabled per unemployability...  TDIU:

"The Department goes above and beyond this language by reaching beyond the CFR 4.1 “rating” definition to include “permanent total disability veterans, even though their numerical rating may be lower than 100% as specifically called out in the Colorado Constitution and the original referendum."

WAIT A SECOND:  That's exactly what a totally and permanently disabled for unemployability (TDIU) VA disability rating can be described as. Yet, 100% of such claims are disqualified by DMVA.

Let's look at a federal VA award letter for TDIU to see if all elements required by DMVA are there: