Disabled Veteran Property Tax Exemption: What A Convoluted History!

Amazing! And pretty disappointing, too, with what's been done to our veterans and
their survivors. 

Let's review the confusing history of this mess. Just follow the explanation of how we've tried but only partly succeeded in protecting our disabled veterans.

In 2014 the Colorado legislature passed HB14-1373 to include survivors of totally disabled veterans with the veterans and seniors over age 65 for the small, partial disabled veteran property tax exemption. This was a blatant modification of the state constitution without first bothering the voters for our okay. 

Please understand: We voters first created our state constitution and then authorized constitutional amendments. Years later the legislature took it on themselves (yes, for good reasons, of course) to make changes they felt useful by passing HB14-1373. Regardless of intent or outcome, this was a no-no and an unconstitutional action by the legislature: the legislature has no power to modify or change the constitution. The estimated cost was around $100,000.

They simply did it. Folks involved at the time today agree it "abused" the constitution but hey – they did it anyway.

Regardless of procedure, that was a good thing with a very small footprint, not likely to invite any challenge: Indeed, there has been none. I can't find any notice ever made about this "extra-constitutional" legislative action that added a few hundred widow(ers) to a program already attracting attention for its cost. I make mention of it only because it was done and it should be done again!

You see, the legislature passed SCR06-001 in 2006, then presented it to Colorado voters as Referendum E. We approved it overwhelmingly, extending the senior property tax exemption to a few thousand totally and permanently disabled veterans. The original version of that tax exemption covered only seniors and its genesis was HB00-1002. The legislature passed that in 2000 for presentation to the voters as Referendum A. It passed, with an estimated cost of just over a million dollars.

Those two referenda – A in 2000 and then E in 2006, made totally and permanently disabled veterans and seniors as the two categories of homeowners qualified for the property tax exemption. Then HB14-1373 added the veterans' survivors.

Let's review:
1. 2000, Referendum A + HB00-1002 = the senior exemption, apparently also including survivors
2. 2006, Referendum E + SCR06-001 + HB07-1251 = the disabled veteran exemption
3. 2014, HB14-1373 = the disabled veteran's survivor exemption
4. 2016, HB16-1444 = aligned the statute with the constitution, adding disabled military retirees' exemption 

HB21-1002: We must note the dastardly action by the senate in June 2021 rejecting the unanimous house bill for a referendum adding Gold Star Spouses to the disabled veteran property tax exemption. 

Survivors of military personnel lost in the line of duty are presently denied the exemption by a stupid and illogical technicality: The exemption recognizes only survivors of veterans who die while in receipt of the exemption. Dying in combat very obviously prevents a veteran from returning to Colorado to qualify for the exemption, so we deny it to the widow. Dumb in the extreme.

The senate's unpatriotic rejection dishonored Colorado but "saved" the state about $95,000.

Genuine thanks are due the Colorado House of Representatives!

I must set aside my disappointment with the Colorado Senate Veterans Committee killing HCR21-1001 last week. The House is due a salute and my most sincere thanks for their amazing step of a unanimous vote approving HCR21-1001. 

"...submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the extension of the property tax exemption for qualifying seniors and disabled veterans to the Gold Star Spouses of deceased members of the United States Armed Forces. "

Thank you, Republicans and Democrats in the Colorado House of Representatives for your unanimous approval of HCR21-1002 that you forwarded to the Senate where others decided $93,000 was just too much to "honor" survivors of our servicemembers.

 Earlier, well before any news of HCR21-1002's existence, I have expected and urged a statutory approach to protecting Gold Star Wives by exercising the legislature's power to redefine terms, thus avoiding the two-year delay built into HCR21-1002, and resolving the issue with 2022 legislation.