Text of American Legion resolution supporting Gold Star Wives property tax exemption

WHEREAS, Since the Revolutionary War, more than one million American soldiers have died in battle and military conflicts; their families, who have endured these losses and the accompanying grief, are known as Gold Star Families and their spouses as Gold Star Wives; and Gold Star Families are a living legacy of each fallen soldier to help us all remember and honor these heroes by name and deed, and  

WHEREAS, on April 5, 2021 the Seventy-third General Assembly of the State of Colorado issued Senate Joint Resolution 21-010, resolving on behalf of the citizens “That we, the members of the Colorado General Assembly, honor the pride and the pain of the parents and partners and children and siblings of our fallen heroes who lost his or her life serving our country and protecting our freedom; and recognize the families of these proud patriots with an expression of profound gratitude and respect” and 

 

WHEREAS, in 2006 the citizens of Colorado overwhelmingly approved by amendment to the State Constitution Article X Section 3.5 the Disabled Veteran Property Tax Exemption for totally disabled service-connected military veterans; and in 2014 the Colorado Legislature expanded the Senior and Veteran Property Tax Exemption to include surviving spouses by HB14-1373, and 

 

WHEREAS, the sacrifices of Gold Star Families are to be honored with respect as well as material support and 

 

WHEREAS, surviving spouses of servicemembers who die on active duty are only by the technicality of their servicememember’s death not being in receipt of the exemption thereby denied the exemption, and 

 

WHEREAS, this distinction between survivors of totally disabled veterans already in receipt of the Disabled Property Tax Exemption and survivors of active duty servicemembers (“Gold Star Wives”) denied the exemption solely due to the death of their spouse while in service is an offense to the honor of the State, contrary to the spirit expressed by the Seventy-third General Assembly of the State of Colorado Senate Joint Resolution 21-010, and contrary to the intentions of Colorado citizens’ approval of Article X Section 3.5 as presented in the 2006 Referendum E, and  

 

WHEREAS, the American Legion Department of Colorado and the Gold Star Wives are both member organizations of the United Veterans Coalition of Colorado, and  

 

WHEREAS, either a legislative or constitutional amendment process being necessary, it may suffice that a redefinition of “disabled veteran” to include a death on active duty, or other such procedure as the General Assembly shall direct; and that surviving spouses of Colorado Air and Army National Guard members who die while activated by the Governor for State service should also receive such respect and benefits, it is therefore  

 

RESOLVED, by the American Legion Department of Colorado that inclusion of unremarried Gold Star Wives and unremarried surviving spouses of Colorado National Guard members who die while activated by the Governor for State service, be included in the Disabled Veteran Survivor Property Tax Exemption because it is both necessary and proper, that the United Veterans Coalition be informed for this to be part of its state legislative objectives until acted upon with a goal of implementation before 2023. 

June 26: American Legion Votes Support of Gold Star Wives Property Tax Exemption

This morning the Department of Colorado of the American Legion, meeting at their annual conference in Colorado Springs, approved a resolution for Gold Star Wives inclusion in the Disabled Veteran Property Tax Exemption program.

The resolution initiated with the Legion post in Fort Collins. 

The Legion's resolution urges UVC to include the issue in its 2022 state legislative agenda. The coalition's agenda is yet be finalized. Obviously the legislature itself must agree to a solution during the next session.

Left unclear is whether a constitutional amendment or an act of the legislature will be the preferred approach.

The Legion's approved resolution joins that of the Military and Veterans Affairs Committee of the Colorado Bar Association, plus our own from the C-123 Veterans Association. It remains for the Gold Star Wives, not third parties, to actually initiate UVC consideration of this issue.
(click: resolution of American Legion Department of Colorado)

Modified Gold Star Wives Property Tax Exemption Bill - Added MIA

 The draft bill was modified to include missing in action (MIA) casualties and list some of the proofs that should suffice for a claim. 

While MIA would be an unlikely event, the language is to avoid situations like the Vietnam War where servicemembers were sometimes missing for years and their families left in limbo, denied essential benefits.

Here's the updated text:

Colorado's abandoned 100% disabled veterans – those rated "Total Disability for Individual Unemployability (TDIU)"

Voters approved Referendum E in 2006. We were asked whether a partial property tax exemption should be offered totally and permanently disabled veterans. We approved. But we didn't get what we voted for, not by half.

VA has two kinds of total disability awards – "TDIU" for total disability for individual unemployability, and 100% service connected permanent and total.

VA may increase certain veterans' disability compensation to the 100 percent level, even though VA has not rated their service-connected disabilities at that level. To receive the supplement, termed an Individual Unemployability (IU) payment, disabled veterans must apply for the benefit and meet two criteria. First, veterans generally must be rated between 60 percent and 90 percent disabled. Second, VA must determine that veterans' disabilities prevent them from maintaining substantially gainful employment—for instance, if their employment earnings would keep them below the poverty threshold for one person. 

Unhappily, our legislators really tightened up qualifications and locked out every single TDIU veteran. TDIU vets are carefully evaluated by VA, have at least one 60% permanent disability and a combination of factors making it physically impossible for them to work. Ever. Both vets are referred to as 100% VA disabled, but TDIU veterans have been refused the Colorado disabled veteran property tax exemption.

Consider the leeway given the legislature in the tax code. Clearly, the legislators had/have the power to follow Referendum E "in a manner that gives its words their natural and obvious significance." Must we suppose that totally and permanently disabled aren't "natural and obvious" enough words for TDIU?

Colorado Revised Statutes 2016, Title 39-3-202

TITLE 39(c) In enacting legislation to implement section 3.5 of article X of the state constitution the general assembly has attempted to interpret the provisions of section 3.5 of article X of the state constitution in a manner that gives its words their natural and obvious significance;

VA OIG 19-00227-226, Page ii, September 10, 2020

"Veterans are considered to have total disability when they have a 100 percent disability rating due to service-connected disabilities or if their service-connected disabilities make them unemployable. For the total disability to be permanent, the law requires the disability to be “based upon an impairment reasonably certain to continue throughout life."

"The Veterans Benefits Administration Inadequately Supported Permanent and Total Disability Decisions",

   

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

 

SITREP: Report to the Colorado Gold Star Wives re: Disabled Veteran Survivor Property Tax Exemptiopn

Here's my 8 May update to the Gold Star Wives:

Good evening, 

I agreed to provide you an update of things of interest regarding the property tax exemption for Gold Star Wives. Here it is.

The first item is that some legislators and staff were of the impression Colorado might have upwards of a thousand survivors. This is wildly off from the estimate of 150 potential applicants that the Legislative Council Staff calculated in 2019 for Representative Kipp. With a modest budget impact of less than $100,000 this looks more and more reasonable.

I've asked for but haven't been able to get any information from UVC about GSW being a 2022 legislative objective, which is the timing you suggested when we spoke. 

Their gentle suggestion seemed to be that I should back off but that it would be okay to stay tuned to UVC web info. Rather than being so uselessly passive, silent and merely hopeful, it seems more appropriate to remain proactive within UVC and also follow UVC guidance to keep my elected representatives advised. It seems useful to get coalition members informed and supportive of your exemption now so it can be presented in June and voted on by this November – if I understand the UVC timing.

To that end, my American Legion post and district submitted an internal resolution that, if approved at our June meeting, informs the UVC of the Legion's request for placement on the 2022 objectives. Nothing more explicit, and all within UVC channels. If it fails to get UVC behind it next year as well, at least there was an effort.

As you and I agreed, National Guard troops who die when activated for state contingencies are referenced in this Legion resolution. I spoke with Guard and DMVA folks about the issue: a Guardsman's surviving spouse is protected with something like DIC but more generous at about $2800/month. It would be an unlikely event but if it ever does happen it absolutely right that their spouses be protected!

As you can read, the resolution doesn't actually do much in that it only directs the Legion's UVC delegate to ask the coalition to consider GSW. Details are left for the professionals to iron out if/when/however the coalition wishes:

RESOLVED, by the American Legion Department of Colorado) that unremarried Gold Star Wives and unremarried surviving spouses of State National Guard members who die while activated by the Governor for State service, be included in the Disabled Veteran Survivor Property Tax Exemption because it is both necessary and proper, that the United Veterans Coalition be informed for this to be part of its state legislative objectives until acted upon with a goal of implementation before 2023 

--
As a Gold Star Family Member (CW4 Hank Carter, WWII, Korea, Vietnam,) this means a lot to me personally! In different circumstances it could have been my own GSW mom or my wife to be affected. It would affect survivors of crewmembers I've lost: Paul, Gabby, The Gif, Larry, Turcottte, Art, Bill, Bob, Arch, Fred and others.

If anything, I'm more concerned about this now than at our UVC banquet a couple years back when I introduced you and David Ortiz to then-Congressman Polis and to VA acting Deputy Secretary Scott Blackburn (our speaker that night.) This illogical distinction between GSW and disabled vets must be eliminated. If it had been done properly from the exemption's launch, each GSW would have saved over $8000 by 2022!

Whenever you have the time, I'd appreciate a cup of coffee and some discussion. The clip below is what I did for an informative panel.

God bless!

American Legion District 4 Approves Gold Star Resolution for 2022 Action

The Fort Collins Legion post forwarded its unanimously-approved Gold Star Wives resolution to Legion District 4. This morning, the nineteen posts represented unanimously approved the resolution and District 4 now forwards it to Department.. The next step is to convince the department resolution committee and then, it will be put to all delegates. 

Then, the Legion delegate presents the issue to the United Veterans Coalition.

This is very encouraging. The resolution asks the UVC, where both the Legion and the Gold Star Wives are members, to advocate inclusion of survivors of active-duty military line of duty deaths in the Colorado Disabled Veteran Survivor property tax exemption.

We should know more about the Legion's Department of Colorado decision this month!

Opposition to extending the property tax exemption is considerable, with most concern being the tight state budget. Finding $100,000 shouldn't be impossible, given that the general category of homestead exemptions for seniors, disabled military and survivors is $149,000,000; we're asking only for 0.0006 of an increase. 

I realize there is also coordinated opposition by some worried veterans, concerned about the groundwork underway to advance this within UVC. Perhaps there's some area of conflict with other coalition priorities or conflict caused by an outsider (me) trying to get UVC help going forward – nobody has said.

I'm a little concerned about UVC suggestions that any concerns, even these about which I care deeply) are best left altogether to them. I don't want to stand aside to see whether or not the coalition opts to advance GSW. It would seem better strategy, with no conflict of my causing, to advocate among primary members for their support. As I read the 2019 email, the task is getting issues into consideration by June and decided upon for inclusion of GSW with the legislative agenda.

At this point, my objective is still (1) get UVC member organizations aware of the Gold Star Wives property tax exemption (2) get the unanimous UVC member organizations' approval to include this issue in the UVC 2022 state legislative agenda (3) bring this to the attention of interested state legislators to draft a bill and update LCS research from their 2019 review

It has been six years since UVC last considered Gold Star Wives when I asked. Nothing formal ever followed – no bills, no committee hearings. It simply disappeared without action back in 2016. For 2022, We must not meekly stand aside, passively watching and wondering if UVC will act in 2022. 

With the offer of a bill to be introduced in June, and with the hoped-for UVC leadership and support (rather than disappointment with me and undoing my efforts) the issue should have a chance of reaching the legislature, maybe even into law by the summer of 2022.

GOLD STAR WIVES POSTER - COLORADO PROPERTY TAX EXEMPTION