Colorado recognizes sacrifices of our totally disabled veterans, awarding a partial property tax exemption to 100 percent totally and permanently disabled veterans. The U.S. Department of Veterans Affairs has two types of 100% disabled veterans – (1) vets with a 100% disability (2) vets with a total disability rated “Total Disability for Individual Unemployability” (TDIU.) VA benefits for the two types are identical, but Colorado’s TDIU veterans are unfairly denied the exemption
Monday, June 7, 2021
Colorado Bar Association: Statement of Support for Disabled Veterans and Gold Star Wives re: Property Tax Exemption
Wednesday, June 2, 2021
Did Colorado OVERTAX 100% Disabled Veterans an EXTRA $3.6M in Property Taxes?
In 2007 voters approved Referendum E to create Article X Section 3.5, qualifying 100% disabled military veterans a partial property tax exemption similar to the senior exemption. This had been referred to the voters by the legislature for constitutional amendment as S.C.R. 06-001:
"Property tax exemption for disabled veterans. For property tax years commencing on or after January 1, 2007, extends the existing property tax exemption for qualifying seniors to any United States military veteran, including any member of the Colorado national guard who has been ordered into the active military service of the United States, who has been separated from service under honorable conditions and who is 100% permanently disabled due to a service-connected disability. Requires the state to compensate local governments for property tax revenues lost as a result of the extension of the exemption."
For following this issue today, the relevant part of Article X Section 3.5, the amendment created by Referendum E is:
"(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"
The legislature then turned to provide an enabling statute to implement the new amendment, passing HB07-1251:
"(3.5) 'QUALIFYING 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 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS ONE HUNDRED PERCENT PERMANENT AND TOTAL DISABILITY PURSUANT TO A LAW OR REGULATION ADMINISTERED BY THE DEPARTMENT."
HB07-1251 begat the tax details in C.R.S. Section 39-3-202 which read (until 2016 with HB16-1444):
(3.5) "Qualifying 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 a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department.
By the plain reading of the new constitutional amendment, all a qualified vet would have to do is present a copy of their VA certification or proof of medical retirement from the armed forces as totally disabled in the line of duty. Both were specified in Article X Section 3.5 because some military retirees never seek a VA disability – a number estimated by the state at about 450.
The problem causing vets being forced to pay extra property taxes by being denied the exemption arose when the constitutional amendment in Referendum E was implemented in tax statutes. The Legislature passed HB07-1251 and in doing so, forgot (neglected, opted against) to include the last fifteen words of Article X Section 3.5 – "the department of homeland security, or the department of the army, navy, or air force"
Do you see it? Compare the last fifteen words in Article X Section 3.5 against subsequent legislation. The lawmakers clearly did not include the referendum's provision for 100% disabled military retirees. Fifteen words left out denied the exemption to about 450 veterans.
By the plain reading of the new constitutional amendment, all a qualified vet would have to do is present a copy of their VA certification or proof of medical retirement from the armed forces as totally disabled in the line of duty. Both were specified in Article X Section 3.5 because some military retirees never seek a VA disability – a number estimated by the state at about 450.
Here's our problem: Colorado’s constitution is supreme, trumping statutory law in areas of conflict. Article X Section 3.5 therefore outguns HB07-1251, at least in the part where disabled military retirees are left out of the legislation.
So HB07-1251 seems unconstitutional. Only the Supreme Court can declare it so, but the plain meaning of the words (and of the words not included in the statute) is very clear. 100% disabled military retirees separated by their services should have been receiving our Disabled Veteran Property Tax Exemption since 2007.
In 2014 along came a 100% disabled military retiree who's application for the exemption was denied by CDMVA. The vet was initially rebuffed, referred back to the statute and various forms. But then he tracked the statutes back to the constitution and Article X Section 3.5. Even reading it a few times wasn't illuminating, at least not until he read it a bit more slowly and noted those missing fifteen words! Eureka!
This could have been resolved by working the issue up to the Supreme Court, but sympathetic advice from DOLA experts proved much more effective – "go to your legislators."
A couple phone calls, a few town hall meetings and many letters and emails later, Senator John Kefalas and other legislators took the bit in their teeth and got HB16-1444 enacted. That happened because the United Veterans Coalition backed the issue by making it a 2006 legislative objective.
So, this little problem solved, thought the vet. HB16-1444 took effect in 2017 and he got his exemption, although he'd also received a VA 100% rating to replace his initial VA 100% disability rating for TDIU. Then in 2018 he noticed few of the counties updated forms or instructions to include those fifteen last words left out that got the correction.
Off went a missive to DOLA, asking them to urge counties and other state agencies to more closely adhere to the law. DOLA responded quickly, posting another reminder that circulated throughout the state. DOLA also said they'd update their own form and web site information.
Problem solved? No. Checking this month of June 2021, four years after HB16-1444 went into effect, fourteen years after the constitutional mistake was made, DOLA, Treasury, CMDVA and other agencies and most counties still fail to include 100% military disabled retirees.
Here is the background paper trail on this issue.
===============================
Here are examples of state or county agencies failing to properly describe qualified veterans:
A. DOLA, CMDVA, Boulder, Douglas, Pacific, Weld, most counties's application |
Monday, May 31, 2021
THE BIG PROBLEM: How to pay for TDIU Vets Getting the Disabled Veteran Property Tax Exemption
In Colorado's state house that is the Number One question on every bill. Trying to get the Disabled Veteran Property Tax Exemption to cover VA 100% permanent Total Disability for Individual Unemployability (TDIU) vets will be no different.
I don't know the necessary procedures but will float a couple ideas here. First, the goal is to get the exemption for approximately 4622 veterans now rated 100% disabled TDIU by the VA. That's approximately $2.6 million added to the overall Homestead Exemption program costing over $159 million.
Currently, veterans and their survivors are only 2% of that total with the exemption restricted to VA 100% schedular vets, so adding TDIU will make veterans just under 4% of the program. The number of vets that I use already considers the fact that 13.3% are also able to claim the senior exemption, and already factors in the point that 80% of all the Colorado TDIU vets own homes to exempt. Finally, the average value of each exemption is considered, leaving the goal at $2.6 million.
The Legislature needs to appreciate that voters already approved every 100% disabled veteran for the Disabled Veteran Property Tax Exemption. The wording of Referendum E in 2006 was very clear, as was the explanation in the Blue Book. It was the legislators, not the voters, who opted with the enabling legislation for Article X Section 3.5 to invent the unemployability barrier. We need to.get our tax laws back into line with the state constitution!
– POSSIBILITIES –
1. Cut the average veteran and survivor exemption benefit in half to stretch the present funding to include TDIU recipients. The Legislature already has the power to do this per Article X Section 3.5 of the state constitution
2. Likewise, reduce the benefit to each senior homestead exemption to capture $2.6M. This would be a much less severe reduction for the recipients than #1 above, approximately 0.02 for about just $11 less per year per exemption
3. Divert a portion of the funds CDMVA now uses for grants
3. Add an optional $5 contribution to each state income tax return
4. Divert $2.6M from Colorado Economic Development Commission
5. Ideas??
Saturday, May 29, 2021
Colorado Legislature: Sponsor Needed for 100% Disabled Veteran Property Tax Exemption
= Equals =
100% VA Total & Permanent Line of Duty Disability
Friday, May 28, 2021
Colorado Legislature: Sponsor Needed for 100% Disabled Veteran Property Tax Exemption
Thursday, May 27, 2021
Colorado Legislature: Sponsor Needed for 100% Disabled Veteran Property Tax Exemption
Monday, May 17, 2021
These outsider efforts re: Gold Star Wives' Colorado property tax exemption are now suspended
At this point it seems best to cease our outsider efforts hoping for addition of the Gold Star Wives Colorado property tax exemption to the United Veterans Coalition 2022 state legislative agenda. The work was unhelpful and trod on other veterans' needs.
Sunday, May 16, 2021
SITREP 18 May 2021: Report to Colorado Gold Star Wives re: Property Tax Exemption
DRAFT: AMENDMENT TO COLORADO CONSTITUTION FOR GOLD STAR WIVES PROPERTY TAX EXEMPTION
approach will work. Thus, the necessity of drafting a bill and an amendment -let Denver decide!
Here's the amendment:
BALLET TITLE
Shall there be an amendment to the Colorado constitution Article X Section 3.5 concerning the disabled veteran’s survivor property tax exemption, and, in connection therewith, provide for qualification of the surviving spouse of a servicemember of the Armed Forces of the United States who is missing in action or whose death is in the line of duty, and provide for the qualification of the surviving spouse of a servicemember of the Colorado National Guard whose death is in the line of duty while activated for a state contingency?
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.)
Under current law, 50 percent of the first $200,000 of actual value of the owner-occupied primary residence of a qualifying senior or a qualifying disabled veteran or surviving spouse of a qualifying disabled veteran who is in receipt of the exemption at the time of death, is exempt from property taxation. This wording excludes a surviving spouse of a servicemember whose death is while on active duty in the Armed Forces of the United States and excludes a surviving spouse of a servicemember of the Colorado National Guard whose death is while activated for a state contingency. The amendment expands the definition of “veteran who is in receipt of the exemption at the time of death” to include a servicemember of the Armed Forces of the United States who is missing in action or whose death is in the line of duty and to include a servicemember of the Colorado National Guard whose death is while activated for a state contingency.
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 3.5 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING EXTENSION OF THE EXISTING PROPERTY TAX EXEMPTION FOR A QUALIFYING SURVIVING SPOUSE TO INCLUDE THE SURVIVING SPOUSE OF A MEMBER OF UNITED STATES MILITARY UNITED STATES WHO IS MISSING IN ACTION OR WHOSE DEATH WAS IN THE LINE OF DUTY, AND TO A SURVIVING SPOUSE OF A MEMBER OF THE COLORADO NATIONAL GUARD WHOSE DEATH WAS WHILE ACTIVATED FOR STATE CONTINGENCY.
Text of measure
Be It Resolved by the Senate of the Sixty-fifth General Assembly of the State of Colorado, the House of Representatives concurring herein:
SECTION 1. At the next election at which SENATE CONCURRENT RESOLUTION 22-xxx1 question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: Section 3.5 (1) (b) of article X of the constitution of the state of Colorado is amended, and the said section 3.5 is further amended BY THE ADDITION OF THE FOLLOWING NEW TEXT, to read:
Be it enacted by the people of the State of Colorado:
Article X is amended to add as follows: Add to Section 3.5 (1.5)(b)
Homestead exemption for qualifying senior citizens and disabled veterans AND SURVIVING SPOUSES.
(1) For property tax years commencing on or after January 1, 2002, fifty percent of the first two hundred thousand dollars of actual value of residential real property, as defined by law, that, as of the assessment date, is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from property taxation if:
(a) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her primary residence for the ten years immediately preceding the assessment date; or
(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 (1); OR QUALIFYING SURVIVING SPOUSE OF A UNITED STATES MILITARY MEMBER MISSING IN ACTION OR WHOSE DEATH WAS IN THE LINE OF DUTY, OR A COLORADO NATIONAL GUARD MEMBER WHOSE DEATH WAS WHILE ACTIVATED FOR A STATE CONTINGENCY.
(c) FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2022, ONLY, the owner-occupier, as of the assessment date, is a disabled veteran. (1.3) an owner-occupier may claim only one exemption per property tax year even if the owner-occupier qualifies for an exemption under both paragraph (c) of subsection (1) of this section and either paragraph (a) or paragraph (b) of subsection (1) of this section.
(1.5) for purposes of this section, "disabled veteran" means (A) 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, OR (B) A UNITED STATES MILITARY MEMBER MISSING IN ACTION OR WHOSE DEATH WAS IN THE LINE OF DUTY, OR A COLORADO NATIONAL GUARD MEMBER WHOSE DEATH WAS WHILE ACTIVATED FOR A STATE CONTINGENCY.
SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTION 3.5 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING EXTENSION OF THE EXISTING PROPERTY TAX EXEMPTION FOR QUALIFYING SURVIVING SPOUSES OF ANY UNITED STATES MILITARY MEMBER MISSING IN ACTION OR WHOSE DEATH WAS IN THE LINE OF DUTY, OR OF A COLORADO NATIONAL GUARD MEMBER WHOSE DEATH WAS WHILE ACTIVATED FOR A STATE CONTINGENCY
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.
For purposes of this section, the text of Section 3.5 shall be expanded, to wit “owner-occupier who previously qualified for a property tax exemption OR A SERVICEMEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS MISSING IN ACTION OR WHOSE DEATH IS IN THE LINE OF DUTY AND TO INCLUDE A SERVICEMEMBER OF THE COLORADO NATIONAL GUARD WHOSE DEATH IS WHILE ACTIVATED FOR A STATE CONTINGENCY.
(1) For property tax years commencing on or after January 1, 2002, fifty percent of the first two hundred thousand dollars of actual value of residential real property, as defined by law, that, as of the assessment date, is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from property taxation if:
(a) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her primary residence for the ten years immediately preceding the assessment date;
(b) The owner-occupier is the spouse or surviving spouse of A SERVICEMEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS MISSING IN ACTION OR WHOSE DEATH IS IN THE LINE OF DUTY AND TO INCLUDE A SERVICEMEMBER OF THE COLORADO NATIONAL GUARD WHOSE DEATH IS WHILE ACTIVATED FOR A STATE CONTINGENCY OR an owner-occupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1); or
(c) For property tax years commencing on or after January 1, 2007, only, the owner-occupier, as of the assessment date, is a disabled veteran. (1.3) An owner-occupier may claim only one exemption per property tax year even if the owner-occupier qualifies for an exemption under both paragraph (c) of subsection (1) of this section owner-occupier who previously qualified for a property tax exemption FOR PURPOSES OF ARTICLE X SECTION 3.5 ONLY, “OWNER-OCCUPIER WHO PREVIOUSLY QUALIFIED FOR A PROPERTY TAX EXEMPTION” SHALL ALSO INCLUDE A SERVICEMEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS MISSING IN ACTION OR WHOSE DEATH IS IN THE LINE OF DUTY AND ALSO INCLUDE A SERVICEMEMBER OF THE COLORADO NATIONAL GUARD WHOSE DEATH IS WHILE ACTIVATED FOR A STATE CONTINGENCY.
Self-executing, severability, conflicting provisions. ALL PROVISIONS OF THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, ALL PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, PURSUANT TO SECTION 1(4) OF ARTICLE V.
Saturday, May 15, 2021
Modified Gold Star Wives Property Tax Exemption Bill - Added MIA
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:
Friday, May 14, 2021
DRAFT 2022 BILL EXTENDING PROPERTY TAX EXEMPTION TO "Gold Star Spouses," SURVIVORS OF ACTIVE DUTY MILITARY
(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.
Friday, May 7, 2021
What we ask of UVC: Inclusion of Gold Star Wives in the state legislative agenda
I hope that the United Veterans Coalition adopts the same simple resolution of support from 2016 for Gold Star Wives property tax exemption that UVC advocated in 2016, but with specificity as to active duty military survivors:
"Provide property tax exemption for surviving spouses of active-duty military line-of-duty deaths, similar to current exemption for seniors and 100% disabled veterans and their survivors.
Farewell, MOAA and my 30-year membership.
I've ended my 31-year membership in the Military Officers Association of America, resigning last week. Leadership's brief response to my request for support (copy below) or advice on property tax exemptions for surviving spouses of active-duty military wasn't helpful and didn't deal with the issue. The only answer was that the Colorado MOAA representative would decide whether to support or not, and whether to speak with me or not.
There wasn't even an offer to bring my concerns about Gold Star Wives and Colorado's TDIU veterans to the MOAA representative.
In essence, I was told by leadership that my effort as a life member to express my need for MOAA help within the United Veterans Coalition was dependent upon and at the sole discretion of our lobbyist.
MOAA's rep hasn't found an opportunity for me to discuss my hope for MOAA support within the Colorado United Veterans Coalition. My specific request was for MOAA to advocate veterans' issues as per our mission statement. I was sent an email on how the United Veterans Coalition handles legislative objectives but nothing regarding how MOAA could help, nor whether MOAA agreed or disagreed with my concern's solution.
Being denied my voice, permitted any discussion of my needs only upon invitation of another (no matter how kind or skillful or even supportive the lobbyist may be) is unacceptable. This is an MOAA gag. Are officers expected to wait around, mute and dependent on others deciding what's best for us?
Rather than have my affiliation as a member affirm MOAA inaction, disinterest, or perhaps even opposition to my needs, I have terminated my life membership. Now I hope to bring up the issue with other UVC-affiliated groups, seeking their support to place Gold Star Wives and TDIU veterans on its 2022 legislative agenda.
What I wrote MOAA to ask for help:
I'm a life MOAA member and ask your help. Good afternoon. I don't know the complexities of getting an MOAA resolution but hope for your advice. If appropriate, please consider this a motion under the appropriate rules for such a thing.Our state restricts the small Disabled Veteran Property Tax Exemption to those whose spouse died while already in receipt of the exemption. This language makes it impossible for "Gold Star Wives: (name change underway to Spouses) to qualify because their troop died on duty and never came home to apply for the exemption An obvious and gruesome "Catch-22."There are about 150 or so widows/widowers not already covered under the Homestead Exemption. I'm not addressing Gold Star Wives' second category, spouses of vets who die after the military of service-connected causes because the current language includes them. Legislative Affairs Council estimates the cost to Colorado to be under $100,000.I'd like to correct this via our membership in the United Veterans Coalition of Colorado. I assume we either agree upon supporting something as an informal process or some sort of resolution. I've drafted such a resolution for discussion.Please help me correct this discrimination of active duty widows who should be receiving the same respect and honor as do Colorado's disabled veteran survivors.
Several years back, MOAA was much more responsive when I visited headquarters in Washington along with Dr. Jeanie Stellman from Columbia University's Mailman School of Public Health. MOAA and ROA, the American Legion, NPR, even Air Force Times all lent their support throughout the four year effort getting our crews C-123 Agent Orange coverage.
So, thanks again, MOAA, but farewell. I'm not able to travel to Washington again to find somebody in MOAA to hear me out.
May 2015 MOAA Magazine |
Helpful advice – and a word of caution
For some years I've advocated for Gold Star Wives receiving the same property tax exemption provided survivors of our totally disabled veterans. I've been feeling somewhat better and picked up some steam and got onto the bandwagon (I treasure mixed metaphors) to plow ahead to get some interest among others.
That hasn't gone so well. Not only is it a difficult sell in a state economy battered by Covid, it is also just one concern among so many affecting veterans and our families. Fortunately, we in Colorado have our United Veterans Coalition to bring to bear 460,000 veterans' voices for legislators to hear,
The UVC does its job well. Their decades-long track record is proof. The inclusion of a multitude of our largest and smallest veterans' organizations is another proof of the trust placed in UVC by us as veterans. One voice, 460,000 addressing agreed-upon legislative objectives.
But things can still be difficult. I've been concerned about bringing the issue up with the veterans' groups and my elected representatives, hoping for inclusion of Gold Star Wives' property tax exemption in the UVC 2022 legislative agenda. That's been hard, with less enthusiasm that I'd expected, and also hard because UVC has its well-established way of doing things. I knew little about UVC objectives and how to get UVC support, but when I asked for updates to information given me in 2019 before starting these current efforts my emails and calls went unanswered. Of course, nobody owes me any response at all - we're all volunteers in these veterans' projects.
You know the phrase: "Lead, follow or get out of the way!" In the vacuum of responses to my inquiries, I found nobody to follow and so I started seeking interest from others. The basic step was clearly getting UVC "primary members" behind what would have to be the unanimous coalition approval. Although I certainly have no attitude about "get out of the way," I didn't grasp the friction that my trodding on others' turf would cause as I reached out to primary coalition members.
So doing what I've been doing hasn't gone too well with UVC and what they're doing. Their opposition to my concerns about Gold Star Wives (I'm a Gold Star Family Member) is perfectly understandable because they are the experienced lobbyists, chosen for their dedication and successes. GSW wasn't an objective in 2014, 2015, (it was an objective in 2016 as I asked), 2017, 2018, 2019, 2020 or 2022. They've mentioned to others that my urging for it to be a 2022 objective wasn't well-received.
I've appreciated their two emails of useful guidance after I directly asked them, " I guess I should just ask outright, should efforts on Gold Star Wives stop altogether? "
Okay. Hand gently patted and pushed away from the throttle. I take it the coalition's suggestion is to "follow the UVC legislative committee updates" to see if action happens to develop among member organizations before coalition approval in November Gold Star Wives' taxation. Also, the gentle inference is that approaching my legislators for interest in their help next year, and approaching groups like the Legion or Colorado National Guard wasn't helpful or welcome, thus the guidance instead of encouragement or advice to do ... anything.
Darn. I'd hoped, expected even, some hand-holding. Some guidance and encouragement. Referring back to their email of sixteen months ago was interesting, and the point was that I should have remembered it and been compliant with it. I guess I was influenced most by our leadership's 16 Nov 2016 instruction:"it is crucial that each of you reach out to your own State Senator and Representative, and at least let him/her know that you are part of the UVC, and talk about how important it is that we support our veterans,
Oh, well. Lesson learned about playing nice with others.
Wednesday, May 5, 2021
"...in keeping with our legislative agenda" - United Veterans Coalition Champions Veterans' Issues for Colorado. When the time is right, Gold Star Wives' concerns WILL be heard!
At the right time,, I'm hopeful these thousands of veterans will be convincing our General Assembly that Gold Star Wives should be eligible for the Disabled Veteran Survivor Property Tax Exemption.
But this just isn't the right moment for GSW property tax issues. The benefit will be sought in the near future, just not right now. And it wasn't right back in 2016 when our state legislative agenda included Gold Star survivors but no traction was found, not even a draft bill.
UVC is "the tip of the spear" for our state's veterans. Speaking as one voice, coordinating dozens of organizations state-wide. VFW, DAV, American Legion, PVA, MOAA, NCOA, ROA, AFSA, VVA, and so many others of which I'm not a member – Submarine Veterans, Gold Star Wives - if an association serves vets and their families, if an organization promotes the national defense, they're a welcome part part of UVC and their concerns are heard. The various needs and propositions are discussed by the membership, and those agreed by UVC are delivered to the decision makers, both state and federal, in the form of the annual focused UVC legislative objectives.
Legislators in Denver and Washington listen carefully, hearing those thousands of UVC voices when the United Veterans Coalition speaks. Whether addressing an individual legislator, senate or house committee, or public forum like a town hall meeting or city council, the United Veterans Coalition commands attention, and rightfully so.
I know this. On a few occasions, I was a witness before the National Academies of Science or one of the house or senate committees, and authorized to speak on behalf of the UVC. UVC was firmly behind me as I sought Agent Orange benefits for C-123 veterans. We got all of Colorado's senators and congressional representatives together to pressure the VA, even to block presidential nominations from consideration until VA acted. Finally, we won on the merit of the issue and UVC strength.
We won the four year battle and gained VA Agent Orange benefits for 2500 Air Force C-123 aircrew, maintainers and survivors. Until Congress acted on the Blue Water Navy group, this was the only time VA added a new Agent Orange exposure group, and the only expansion of Agent Orange benefits since 1991. With HB16-1444 we won property tax exemptions for Colorado 450 military retirees and their survivors who'd been medically separated from their service as 100% disabled, and in doing so we brought the legislation into agreement with our state constitution's Article X Section 3.5.
Not only does the UVC present veterans' concerns to our legislator, UVC also prioritizes the multitude of issues and forms an annual legislative agenda for both state and federal issues.
The UVC legislative agenda is already firmly set for 2021, but has yet to be finalized for 2022. Whether or not Gold Star Wives' property tax exemption is identified as an objective is up to the primary members and lobbyists of UVC. The coalition sorts out our needs, identifies the possible, and prioritizes them. Presto, the annual legislative agenda.At the right time, Gold Star Wives' property tax issue is likely to be addressed by the coalition. Admirably, the GSW members are patient and understanding, with full confidence in the coalition.
The timing for GSW isn't right for 2021. Complexities of state budget, coalition priorities. Strategy and resources – all must align, and then UVC will deliver for the members of Colorado's Gold Star Wives. Let's get together for Gold Star Wives' proper place on the UVC 2022 legislative agenda!
Sunday, May 2, 2021
SAMPLE MESSGE TO COLORADO STATE LEGISLATORS FOR GOLD STAR WIVES' PROPERTY TAX EXEMPTION
Here are the names of Colorado's 35 senators and state's 65 representatives.
"In the spirit of the Assembly of the State of Colorado Senate Joint Resolution 21-010s, issued April 5, 2021 in honor of Gold Star Families, I strongly urge in 2022 much more substantive respect be shown Gold Star Wives with your support of 150 survivors whose spouses died on active military service.
As the needs of Colorado and its citizens form the 2022 legislative agenda, please support their inclusion in the Disabled Veteran Survivor Property Tax Exemption. The only reason they are denied the benefit is that their spouses died on active military service. Only the line-of-duty death of their military spouse disqualifies Gold Star Wives from the same modest state benefit extended to survivors of our totally disabled veterans.Language in Article X Section 3.5 (1)(b) of the Colorado Constitution provides for survivors of totally disabled veterans and of the Senior Homestead Exemption. Illogically, the phrasing completely disqualifies survivors whose active-duty military spouses lost on active duty. Article X Section 3.5 (1)(b) reads, in part:
(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 subsectionIn 2014, HB 14-1373 dealt more directly with homesteaders' survivors, providing for "the surviving spouse who takes possession of the qualifying residence of a deceased." Again, active duty troops' survivors were disqualified unless the family owned a Colorado home when the military spouse died – most military families, especially the young and junior ranks, do not own homes. Personal income and the frequent necessity of their transfers often makes home ownership illogical except as they near retirement.The language of HB 14-1373 also worked against the hopes of survivors stationed out of Colorado but hope to return or establish residence here.Colorado denies the exemption to survivors of active-duty military because their spouses died. Those servicemembers will never come home as disabled veterans, alive to be "previously qualified" for the exemption for which they never had the chance to apply.They died instead of being injured. Benefit denied the surviving spouse. This is a too-gruesome "Catch-22".It is also an illogical distinction between active duty troops' survivors and veterans' survivors. Perhaps our legislators did not intend to disqualify military survivors, but did they overlook the fact that not every soldier, sailor, airman or Marine will be coming home alive? Did they overlook the fact that America has been at war for the last two decades?LSC estimates a total only 150 widows and widowers, survivors of active duty servicemembers. The state's homestead exemption benefits over a quarter million Colorado homeowners and their survivors.
Gold Star Wives are just 0.0006% of that population. LCS says coverage for them would under $100,000 with negligible administrative overhead. Hardly an insurmountable hurdle for Colorado!
Perhaps today's wiser Legislature needs to include the death of an active-duty servicemember in its definition of "disabled veteran."