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OLR Bill Analysis
sHB 5592 (as amended by House "A")*
AN ACT REDEFINING "VETERAN" AND ESTABLISHING A
QUALIFIED CONDITION REVIEW BOARD.
SUMMARY
This bill expands the general definition of “veteran” under state law
to include those released with an other than honorable (OTH)
discharge based on specified qualifying conditions and applies this
new definition across veterans benefit programs. In doing so, it
extends state-based benefits to certain veterans who are currently
ineligible.
Under current law, a “veteran” is any person honorably discharged,
or released under honorable conditions, from active service in the U.S.
Armed Forces. Current law also extends specified benefits to veterans
with an OTH discharge and a qualifying condition (i.e., a diagnosis of
post-traumatic stress disorder (PTSD) or traumatic brain injury or a
disclosed military sexual trauma). The bill incorporates these existing
qualifying conditions into the general definition of veteran and
expands the list to also include a determination that sexual orientation,
gender identity, or gender expression was more likely than not the
primary reason for the OTH discharge.
For veterans who believe their OTH discharge is due to one of the
new qualifying conditions, the bill establishes a process by which they
may apply to a five-member Qualifying Review Board to determine
their eligibility. Veterans whose applications are approved through the
review board process are eligible for state-based veterans benefits.
The bill makes numerous conforming changes, including changes to
agency reporting requirements (§§ 2 & 45) and provisions requiring
veterans to submit their discharge papers (or other qualifying
documents) as proof of their eligibility for veteran’s property tax 2021HB-05592-R01-BA.DOCX
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exemptions (§§ 17 & 18).
Lastly, the bill modifies the definition of “Healthcare Center,” which
under current law is the Department of Veterans Affairs-maintained
hospital in Rocky Hill. The bill instead designates it as a long-term care
facility (i.e., a facility federally certified as a skilled nursing facility or
“intermediate care facility”) to conform to current practice.
*House Amendment “A” (1) eliminates mental health conditions
from the new classes of qualifying conditions and makes conforming
changes; (2) requires the new qualifying conditions to have been the
primary, rather than sole, reason for the OTH discharge; (3) eliminates
the requirement that the review board presume that a veteran’s
qualifying condition was the reason for the OTH discharge if it was
documented as the reason for separation on his or her DD-214 form;
and (4) modifies the definition of the Healthcare Center to conform to
current practice.
EFFECTIVE DATE: October 1, 2021; the property tax-related
provisions are applicable to assessment years beginning on or after
October 1, 2021.
VETERANS BENEFITS AN D PROGRAMS EXTENDED TO NEW
CLASSES OF QUALIFYIN G CONDITIONS
Current state law generally defines a veteran in three ways. The
general definition is anyone honorably discharged or released under
honorable conditions from active duty in the armed forces. But for
certain benefit programs, current law defines a veteran as anyone (1)
with an OTH discharge and a qualifying condition (i.e., a diagnosis of
PTSD or traumatic brain injury or a disclosed military sexual trauma)
or (2) discharged or released under conditions other than dishonorable
from active service in the armed forces (which mirrors the federal
definition of veteran; in practice, it includes those with an honorable
discharge or general discharge under honorable conditions).
The bill applies one definition across the various benefit programs.
Under the bill, a “veteran” is anyone honorably discharged or released
under honorable conditions from active duty in the armed forces or 2021HB-05592-R01-BA.DOCX
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anyone with an OTH discharge based on the following qualifying
conditions:
1. a PTSD or traumatic brain injury diagnosis by a licensed health
care professional at a U.S. Department of Veterans Affairs (VA)
facility;
2. a military sexual trauma experience disclosed to such a health
care professional; and
3. a determination by the Qualifying Review Board that sexual
orientation, gender identity, or gender expression was more
likely than not the primary reason for the OTH discharge (see
below) (see BACKGROUND).
The bill makes conforming changes throughout the veterans benefit
programs and, in doing so, extends certain benefits to veterans who
are currently not eligible. The following tables group these benefits
according to the definition of veteran that currently applies. The bill’s
definition change also applies to other existing statutory provisions not
listed in these tables that reference the general definition of veteran
amended by the bill.
As under existing law, some of these benefits are limited to veterans
with war time service and some are also available to eligible surviving
parents, spouses, or minor children.
The bill extends the benefits under Table 1 to veterans with an OTH
discharge that is based on one of the bill’s two new qualifying
conditions.
Table 1: Benefits Available to Veterans With an (1) Honorable Discharge,
Released Under Honorable Conditions or (2) OTH Discharge and a Qualifying
Condition Under Current Law
Bill § Description
3 Price preference for certain Department of Administrative Services open
market orders or contracts for veteran-owned micro-businesses (CGS §
4a-59)
4 Bonus points on state civil service examinations for original appointments 2021HB-05592-R01-BA.DOCX
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(CGS § 5-224)
4 Special service credit for state employee retirement (CGS § 5-180)
4 Inclusion of time served in war in the length of state employment for
veterans who were reinstated as state employees after returning from
military service (CGS § 5-255)
6 Preference for certain state-funded moderate-income rental housing
projects (CGS § 8-75)
7 Fee waiver for taking or retaking the examination for state high school
diploma (CGS § 10-5)
8 Honorary high school diploma for veterans who withdrew from high school
for military service in World War II, the Korean Hostilities, or during the
Vietnam era (CGS § 10-221a)
9-11 Tuition waivers for the state’s public colleges and universities (CGS §§
10a-77, -99 & -105)
14 Basic veteran’s property tax exemption (CGS § 12-81(19))
15 Property tax exemption for a veteran’s surviving spouse or minor child
(CGS § 12-81(22))
16 Property tax exemption for the sole surviving parent, spouse, or minor child
of a veteran (CGS § 12-81(25))
20 Tax incentive to encourage certain veterans to start a farming business
(CGS § 12-412(63))
21 Special veteran’s license plates (CGS § 14-20b)
23 Veterans status on state driver’s license or identity card (CGS § 14-36h)
24 Motor vehicle operator’s license and registration fee waiver for one
licensing period for qualifying veterans (CGS § 14-50)
25 Special license plates for qualifying disabled wartime veterans (CGS § 14-
254)
26 Income disregard for federal Aid and Attendance pension benefits for
purposes of specified means-tested public assistance programs (CGS §
17b-28i)
29 Admission to the Veterans Residential Services facility or Healthcare
Center (CGS § 27-108)
30 Preference for admission into any hospital, upon the Veterans Affairs
commissioner’s request, at the state’s expense unless other means of
payment are available (CGS § 27-109)
31 $1,800 toward funeral expenses or cremation for indigent veterans (CGS §
27-118) 2021HB-05592-R01-BA.DOCX
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33 Temporary financial assistance for qualifying wartime veterans at the
commissioner’s discretion (CGS § 27-125)
34 Temporary aid (such as food, clothing, and medical and surgical aid) from
the Soldiers, Sailors and Marines Fund (CGS § 27-140)
36 Eligibility for specified employment and workforce development information
from the Department of Labor (CGS § 31-3w)
38-39 Specified veterans’ workforce development pilot programs in the workforce
development board for the state’s southwest region (CGS §§ 31-11ss & -
11tt)
The bill extends the benefits under Table 2 to veterans who have an
OTH discharge that is based on a qualifying condition under the bill or
under existing law.
Table 2: Benefits Currently Available Only to Veterans With an Honorable
Discharge or Released Under Honorable Conditions
Bill § Description
13 Institutional aid for qualifying veterans without legal immigration status to
attend a state public higher education institution (CGS § 10a-161d)
19 Qualifying employee for purposes of the job expansion tax credit program
(which is obsolete) (CGS § 12-217pp)
32 Burial in state veterans’ cemetery (CGS § 27-122b)
41 Credit for military service for retirement purposes for judges, family support
magistrates, or compensation commissioners (CGS § 51-49h)
The bill expressly applies the benefits in Table 3 to veterans who
were honorably discharged or discharged under honorable conditions
and those with an OTH discharge that is based on a qualifying
condition under the bill or existing law.
Table 3: Benefits Currently Available to Veterans With an Other than
Dishonorable Discharge
Bill § Description
5 Police officer certification for eligible veterans with qualifying military
training (provided the applicant passes the examination or evaluation)
(CGS § 7-294d)
12 College credit at the state’s public higher education institutions for enrolled
veterans with military occupational specialty training (CGS § 10a-149d) 2021HB-05592-R01-BA.DOCX
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22 Motor vehicle license examination waivers for qualifying veterans (CGS §
14-36)
27 Exemption from training and testing requirements for emergency medical
technician (EMT) licensure and certification for veterans with appropriate
military training (CGS § 19a-179)
28 Exemption from written or practical exemption for EMT certification for
qualified veterans (CGS § 20-206mm)
35 Security guard training waiver (CGS § 29-161q)
37 Inclusion in the labor department’s clearinghouse for veterans and armed
forces members with specialized training (CGS § 31-3zz)
40 Eligibility for military training evaluation that waives all or part of an
apprenticeship program’s requirements (CGS § 31-22u)
42-44 Eligibility for certain pretrial diversionary programs (CGS §§ 54-56e, -56i &
-56l)
QUALIFYING REVIEW BO ARD
Purpose
The bill requires the Veterans Affairs commissioner, by October 1,
2021, to establish a Qualifying Review Board as an executive branch
board. Under the bill, veterans who receive an OTH discharge and
believe that it was based on their sexual orientation or gender identity
or expression, may apply to this board for a review and
recommendation to the commissioner for state-based veterans benefits
approval.
Composition
The board is composed of five voting members, all of whom must
be knowledgeable of veterans benefits and programs and have a
demonstrated interest in veterans issues. The Veterans Affairs
commissioner appoints four members, one of whom must be a
member of the Department of Veterans Affairs Board of Trustees
appointed in consultation with the board’s chairperson. The remaining
member is the department’s Office of Advocacy and Assistance
manager, or his or her designee. At least three of the members must be
veterans. Members are not compensated for their service.
Terms 2021HB-05592-R01-BA.DOCX
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The initial appointments must be made by December 1, 2021. The
initial members serve staggered terms: the Board of Trustees member
and Office of Advocacy and Assistance manager, or the manager’s
designee, serve three-year terms and the remaining members serve
two-year terms. The initial terms end on November 31, 2023, or 2024,
as applicable, regardless of when the members are first appointed.
Subsequently appointed members serve four-year terms. Members
hold office until a successor is appointed and may be reappointed. The
Veterans Affairs commissioner must fill any vacancy for the balance of
a member’s unexpired term.
Meetings and Procedures
The commissioner must select the board’s chairperson from among
its members, who must schedule the board’s first meeting by January
1, 2022. The board must meet at least monthly or as often as the
chairperson deems necessary based on the number of pending
applications.
A majority of board members constitutes a quorum for transacting
any of the board’s business.
Application Review Process
Forms. The commissioner must prepare standardized application
forms for veterans seeking to apply for state benefits or filing a request
for reconsideration, as described below. The application forms must (1)
list the required documents necessary for filing and (2) be available on
the department’s website, along with filing instructions.
The bill authorizes veterans to include with their applications
evidence supporting their claims that their discharge characterization
was based on their sexual orientation or gender identity or expression.
Review. The board must review each application and make a
recommendation to the commissioner as to whether the veteran’s
sexual orientation or gender identity or expression was more likely
than not the primary reason for the OTH discharge. 2021HB-05592-R01-BA.DOCX
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Timeline. The board must review each application within 30 days
after receiving it and make its written recommendation within 30 days
after its review. The commissioner then has up to 10 days after
receiving the board’s recommendation to issue his written decision to
approve or deny the application.
Appeals. Any veteran aggrieved by the commissioner’s decision
may (1) file a request for reconsideration with the commissioner within
15 days after receiving the decision and (2) include additional
documents in support of his or her request. No later than 10 days after
receiving the request, the commissioner must consider it and issue the
department’s final decision. A person aggrieved by the final decision
may appeal under the Uniform Administrative Procedure Act (UAPA).
(Generally, under the UAPA, aggrieved parties have 45 days to appeal
final agency decisions to the Superior Court.)
BACKGROUND
Veterans Discharged Under “Don’t Ask, Don’t Tell”
Regardless of their discharge classification, veterans who were or
would have been denied federal benefits solely based on their sexual
orientation under any federal policy prohibiting homosexual
personnel from serving in the military (e.g., “Don’t Ask, Don’t Tell”)
are eligible for state benefits if their federal benefits have been restored
(CGS § 27-102q).
COMMITTEE ACTION
Veterans’ Affairs Committee
Joint Favorable
Yea 17 Nay 0 (03/18/2021)