"...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!

Four hundred and sixty thousand loud, strong voices.  

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!

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.

SAMPLE MESSGE TO COLORADO STATE LEGISLATORS FOR GOLD STAR WIVES' PROPERTY TAX EXEMPTION

Colorado residents, there's a sample letter or email below that you should send your state senator or representative (around the end of June is the best time) as we fight to get the same property tax relief for Gold Star Wives as Colorado gives survivors of disabled veterans. 

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 subsection

 

In 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."

Sample Association resolution: "Extend Disabled Veterans' Survivor Property Tax Exemption to Gold Star Spouses"

 Here's what has been proposed to the American Legion, although in no way approved yet It needs post approval, then district, before the Department of Colorado can decide on it. Again. only a draft. (May 5: modified to forward the resolution only to UVC for them to consider.)

=====================================

Leave a buddy behind? Never! Leave his widow behind? GOD FORGIVE US, because we've done so in Colorado!

I WILL NEVER LEAVE A

FALLEN COMRADE TO FALL INTO THE HANDS OF THE ENEMY. 

That's a standard first set by Rogers' Rangers in 1756 and a formal part of today's Ranger Creed. It is perfectly understood by every American soldier, sailor, airman and Marine:

 "I’m not going to leave my buddy on the battlefield if he’s wounded, I’m going to try not to leave him on the battlefield if he’s dead.”

I know that if I fall in battle, all of America's military might is there to get me out. And just as understood, never do we leave our buddy’s spouse behind. For my buddy's family will always come before my own.

I know that my deceased crew mates Larry, Ed, Mattie, the Gif, Gabby, Bob, Arch, Turcotte, Paul, Fred, Bill, Aaron, Ski, Gail, Maylene – they knew we got flight pay and hostile fire pay because of the risks we signed on for. Also, they all knew we would never abandon their loved ones. I know all two million now in uniform plus every veteran, was there to protect my wife and kids if I hadn’t made it back to base. At least, that's the case everywhere in the US, except that in Colorado it has been a hard sell. 

Here in the great mile-high Centennial State, we've dropped the ball when it comes to Gold Star Spouses, survivors of troops who die on active duty. We protect our disabled veterans' survivors as is right and proper, but we've excluded every one of the 150 surviving spouses of an active-duty death from eligibility under Colorado's Disabled Veteran Survivor Property Tax Exemption.

As an old soldier I find this abhorrent and a dishonorable state action in the extreme. We've left our buddy's spouse behind and there's just no excuse. Certainly, none that a fallen troop, a soldier husband or soldier wife, would accept!

We let this happen through oversight about legislation that created the disabled veterans' spouses' exemption in 2006 and 2014. In doing so legislators specifically used language to disquality around 150 Gold Star Spouses:

."..the surviving spouse of a disabled veteran who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1)"

See our problem? A widow qualifies only as the survivor of a veteran who was already getting the exemption, language making it impossible for the widow of an active military line-of-duty death to be included. In an old movie and an older, very insightful book this was called "Catch-22." 

I've never seen a worse or more gruesome Catch-22! Let's get the United Veterans Coalition and every state legislator behind the correction.UVC, let’s correct this by 2022!

"New" 2019 Data on Gold Star Wives: from Colorado's Legislative Council Staff

 Just uncovered in our effort to protect survivors of active-duty line-of-duty deaths: Acting on the request from a Colorado state representative, the Legislative Council Staff (LCS) researched the addition of Gold Star Wives to our Disabled Veteran Survivor Property Tax Exemption and it is nowhere near the big numbers first anticipated.

LCS calculated around 150 potential widows/widowers might be made eligible, for a cost to the state budget of just $95,000. This is much more doable than the earlier estimate of nearly 1000 exemptions with the cost of just under $1 million. I think the number is higher, perhaps a couple hundred.

This is much more doable than the earlier estimate of nearly a thousand exemptions with the cost of just under $1 million. Still, it is a cost that must be matched by a reduction somewhere.

Other stats from the Colorado Fiscal Institute and other sources have been identified that help clarify things:

-addition of Gold Star Wives is just a 0.0006 fraction of the overall homestead exemption, or 150 compared to 450,000, and a similarly small portion of the vets/survivors' population of 5500 souls.

-veterans and survivors exemptions are only 2% of the overall homestead exemption
-disabled veterans; survivors include the only under 65 years of age population eligible for exemption

-52% of active duty troops are married and thus, potentially 52% of active duty deaths leave Gold Star Spouses. Overwhelmingly, and sadly, deaths are heaviest among younger troops, averaging age 30. This is always the case in war

-Nationally, around 27% of homeowners are age 35 or younger with an even lower percentage for active-duty military.

These numbers should help calm the "sticker shock" otherwise expected from legislators and state budget officials, and they also help move this project along as we firm up specifics. Thank you, LCS and the state representative who raised the issue with them in 2019. This really helps!

Some more statistics:

-Active-duty servicemembers have lower homeownership rates (mean 43%) at younger ages than veterans (78%) and the population as a whole (68%,) but they have the highest homeownership rates (71%) in the 55-up age group

-Home ownership by veterans is greatly benefited by VA loans, and by the steady disability or retirement income many have.

-Home ownership by active duty servicemembers is also benefited by VA loans, and steady, easily verified income. Ownership is made much more difficult due to frequent transfers, and there is a significant initial home ownership surge at retirement age

-As homeownership is an important wealth-building tool (Goodman and Mayer 2018), smaller
homeownership gaps by race or ethnicity also means smaller wealth gaps. According to the Panel Study
of Income Dynamics, the black-white housing wealth gap in 2017 was $48,500 for households with veterans and active-duty servicemembers ages 35 and 54, but the gap was $71,500 for nonmilitary households. Too many younger totally disabled veterans never have the opportunity to acquire wealth or home ownership due to income limitations, even with the VA loans.

-Veteran households (non-disabled) and active-duty military households have higher median household incomes than nonmilitary households, $70,000/yr vs. $60,000, with communities of color having lower race disparities than the general population.Household income also varies by military status, age and length of service. 

-The average income is $90,800 (with benefits' value included) for active-duty military households, $87,600 fo non-disabled veteran households, and $85,000 for nonmilitary households. Spousal income is lower for active-duty military than for veterans and the general population.

-

Can a deceased active duty soldier be defined as a "totally disabled veteran" for his/her Colorado survivors' benefits?

Wouldn't that be wonderful! And – maybe – easy also?

Because our state restricts survivor benefits to those whose veterans were already in receipt of the exemption at the time of death, we lock out from all such benefits survivors of troops who die on active duty. Perhaps we can use the existing language of the law. 

Perhaps, only changing the interpretation or definition of the words "totally disabled veteran already in receipt of the exemption" to something like "or active duty death considered to be 'totally disabled and already in receipt of the exemption."

 

Met With American Legion Post, Fort Collins

I had an invitation this evening to request a resolution by the American Legion Post in Fort Collins. The subject:
Gold Star Wives. The resolution has to be voted on locally in order to proceed to the district, and then the Department of Colorado. I enjoyed a free beer and help with my wheelchair!

Here's the resolution:

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 established the Disabled Veteran Surviving Spouse Property Tax Exemption for surviving spouses of totally disabled veterans already in receipt of the exemption 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 theDisabled 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 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 Colorado Department of the American Legion 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 theGeneral Assembly shall direct; and that surviving spouses of Colorado Air and Army National Guardmembers who die while activated by the Governor for State service should also receive such respect and benefits, it is therefore

RESOLVED, by the George Beach Post 4 of the Department of Colorado that inclusion of 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; and the Colorado Board of Veterans Affairs and all relevant committees of the Colorado General Assembly be informed of this Department’s wish that efforts by them be undertaken for inclusion of Gold Star Wives in the Disabled VeteranSurvivor Property Tax Exemption with a goal of implementation before 2023.

A possible solution: redefine "disabled veteran" to include deceased active duty servicemenbers?

 Perhaps this approach can work. I've found House Bill 14-1737 which added surviving spouses to the exemption for totally disabled veterans. Apparently this was done under the umbrella of the state constitution's Article X Section 3.5 which made no mention of survivors – the legislature just did it.

Can the legislature do it again? Can't the legislature define an active duty servicemember who dies in the line of duty as a disabled veteran? That might work to pack into Article X Section 3.5 our few Gold Star Wives. The new text is in red

Colorado Owes Our Gold Star Widows the Property Tax Exemption Given Disabled Veterans' Widows