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Connecticut House Bill HB06748

Connecticut 2025 Regular Session

Connecticut House Bill HB06748 Compare Versions

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5-General Assembly Substitute Bill No. 6748
4+LCO No. 4035 1 of 3
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6+General Assembly Committee Bill No. 6748
67 January Session, 2025
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810
11+Referred to Committee on VETERANS' AND MILITARY
12+AFFAIRS
13+
14+
15+Introduced by:
16+(VA)
917
1018
1119
1220 AN ACT CONCERNING THE RECORDING OF A MILITARY
1321 DISCHARGE CHARACTERIZATION UPON A STATE VETERANS
14-REGISTRY AS "HONORABLE" AND MAKING A MINOR TECHNICAL
15-REVISION TO A CERTAIN SUCH CHARACTERIZATION.
22+REGISTRY AS "HONORABLE".
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
1926 Section 1. Subsection (d) of section 27-103 of the general statutes is 1
2027 repealed and the following is substituted in lieu thereof (Effective from 2
2128 passage): 3
22-(d) (1) (A) Any veteran who receives an [other than honorable] other-4
23-than-honorable discharge and who believes such discharge 5
24-characterization was based on such veteran's sexual orientation, gender 6
25-identity or gender expression, may file an application for state-based 7
26-veterans benefits. Such veteran may include evidence supporting [his or 8
27-her] such veteran's claim that such [discharge characterization] other-9
28-than-honorable discharge was based on such veteran's sexual 10
29-orientation, gender identity or gender expression. 11
30-(B) Any veteran who receives an other-than-honorable discharge and 12
31-who believes such discharge characterization was based on a qualifying 13
32-condition may file an application to be recorded upon a state veterans 14
33-registry as having a discharge characterization of "honorable". Such 15
34-veteran may include evidence supporting such veteran's claim that such 16 Substitute Bill No. 6748
29+(d) (1) Any veteran who receives an other than honorable discharge 4
30+and who believes such discharge characterization was based on such 5
31+veteran's sexual orientation, gender identity or gender expression, may 6
32+file an application for state-based veterans benefits and to be recorded 7
33+upon a state veterans registry as having a discharge characterization of 8
34+"honorable". Such veteran may include evidence supporting his or her 9
35+claim that such [discharge characterization] other than honorable 10
36+discharge was based on such veteran's sexual orientation, gender 11
37+identity or gender expression. 12
38+(2) The commissioner shall promulgate a standardized application 13
39+form enumerating the required documentation necessary for filing an 14
40+Committee Bill No. 6748
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39-other-than-honorable discharge was based on a qualifying condition. 17
40-(2) The commissioner shall promulgate a standardized application 18
41-form enumerating the required documentation necessary for filing an 19
42-application under this subsection and shall make such form available on 20
43-the Department of Veterans Affairs' Internet web site along with 21
44-instructions for filing the application. 22
45-(3) The commissioner shall promulgate a standardized request for 23
46-reconsideration form enumerating the required documentation 24
47-necessary for filing a request for reconsideration pursuant to 25
48-subdivision (5) of this subsection and shall make such form available on 26
49-the Department of Veterans Affairs' Internet web site along with 27
50-instructions for filing the request for reconsideration. 28
51-(4) (A) The board shall review each application submitted pursuant 29
52-to subparagraph (A) of subdivision (1) of this subsection and render a 30
53-recommendation to the commissioner as to whether the veteran's sexual 31
54-orientation, gender identity or gender expression was more likely than 32
55-not the primary reason for an [other than honorable] other-than-33
56-honorable discharge. The board shall review each such application not 34
57-later than thirty days after receipt and render a written recommendation 35
58-to the commissioner not later than thirty days after such review. The 36
59-commissioner shall issue a written decision on such application not later 37
60-than ten days after receipt of the board's recommendation, approving or 38
61-denying the application. If the commissioner approves the application, 39
62-such veteran shall be eligible for state-based veterans benefits. 40
63-(B) The board shall review each application submitted pursuant to 41
64-subparagraph (B) of subdivision (1) of this subsection and render a 42
65-recommendation to the commissioner as to whether the veteran's other-43
66-than-honorable discharge was based on a qualifying condition. The 44
67-board shall review each such application not later than thirty days after 45
68-receipt and render a written recommendation to the commissioner not 46
69-later than thirty days after such review. The commissioner shall issue a 47
70-written decision on such application not later than ten days after receipt 48 Substitute Bill No. 6748
45+application under this subsection and shall make such form available on 15
46+the Department of Veterans Affairs' Internet web site along with 16
47+instructions for filing the application. 17
48+(3) The commissioner shall promulgate a standardized request for 18
49+reconsideration form enumerating the required documentation 19
50+necessary for filing a request for reconsideration pursuant to 20
51+subdivision (5) of this subsection and shall make such form available on 21
52+the Department of Veterans Affairs' Internet web site along with 22
53+instructions for filing the request for reconsideration. 23
54+(4) The board shall review each application submitted and render a 24
55+recommendation to the commissioner as to whether the veteran's sexual 25
56+orientation, gender identity or gender expression was more likely than 26
57+not the primary reason for an other than honorable discharge. The board 27
58+shall review each application not later than thirty days after receipt and 28
59+render a written recommendation to the commissioner not later than 29
60+thirty days after such review. The commissioner shall issue a written 30
61+decision not later than ten days after receipt of the board's 31
62+recommendation, approving or denying the application. If the 32
63+commissioner approves the application, such veteran shall be eligible 33
64+for state-based veterans benefits and shall be recorded upon a state 34
65+veterans registry as having a discharge characterization of "honorable". 35
66+(5) A veteran aggrieved by the commissioner's decision may file a 36
67+request for reconsideration with the commissioner not later than fifteen 37
68+days after receipt of the commissioner's decision. Such veteran may 38
69+include supplemental documentation in support of the request for 39
70+reconsideration. The commissioner shall provide due consideration to 40
71+the request for reconsideration and render a decision not later than ten 41
72+days after receipt of such request for reconsideration. The 42
73+commissioner's decision shall be a final decision by the Department of 43
74+Veterans Affairs and may be appealed to the Superior Court in 44
75+accordance with the provisions of section 4-183. 45
76+Committee Bill No. 6748
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75-of the board's recommendation, approving or denying the application. 49
76-If the commissioner approves the application, such veteran shall be 50
77-recorded upon a state veterans registry as having a discharge 51
78-characterization of "honorable". 52
79-(5) A veteran aggrieved by the commissioner's decision may file a 53
80-request for reconsideration with the commissioner not later than fifteen 54
81-days after receipt of the commissioner's decision. Such veteran may 55
82-include supplemental documentation in support of the request for 56
83-reconsideration. The commissioner shall provide due consideration to 57
84-the request for reconsideration and render a decision not later than ten 58
85-days after receipt of such request for reconsideration. The 59
86-commissioner's decision shall be a final decision by the Department of 60
87-Veterans Affairs and may be appealed to the Superior Court in 61
88-accordance with the provisions of section 4-183. 62
89-Sec. 2. Subsection (c) of section 14-20b of the general statutes is 63
90-repealed and the following is substituted in lieu thereof (Effective from 64
91-passage): 65
92-(c) As used in this section, "eligible former reservist" means any 66
93-person honorably discharged from, released under honorable 67
94-conditions from or released with an [other than honorable] other-than-68
95-honorable discharge based on a qualifying condition from, the United 69
96-States Army Reserve, Army National Guard, Navy Reserve, Marine 70
97-Corps Reserve, Coast Guard Reserve, Air Force Reserve or Air National 71
98-Guard; and "veteran", "armed forces" and "qualifying condition" have 72
99-the same meanings as provided in section 27-103, as amended by this 73
100-act. 74
101-Sec. 3. Subsection (g) of section 14-36h of the general statutes is 75
102-repealed and the following is substituted in lieu thereof (Effective from 76
103-passage): 77
104-(g) As used in this section: (1) "Full legal name" means the most 78
105-complete version of the name that appears on a person's certificate of 79
106-birth, official passport or other document or documents accepted by the 80 Substitute Bill No. 6748
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111-Commissioner of Motor Vehicles to verify the person's identity, unless 81
112-the person presents a marriage license or certificate, a certificate of civil 82
113-union, a divorce decree or an order of a court of competent jurisdiction 83
114-pertaining to a permanent change of the person's name; (2) "veteran" has 84
115-the same meaning as provided in section 27-103, as amended by this act, 85
116-or any former member of the armed forces who is entitled to retirement 86
117-pay under 10 USC Chapter 1223, as amended from time to time, or, but 87
118-for age, would be so entitled; (3) "eligible former reservist" means any 88
119-person honorably discharged from, released under honorable 89
120-conditions from or released with an [other than honorable] other-than-90
121-honorable discharge based on a qualifying condition from, the United 91
122-States Army Reserve, Army National Guard, Navy Reserve, Marine 92
123-Corps Reserve, Coast Guard Reserve, Air Force Reserve or Air National 93
124-Guard; and (4) "armed forces" and "qualifying condition" have the same 94
125-meanings as provided in section 27-103, as amended by this act. 95
126-Sec. 4. Subsection (a) of section 27-103 of the general statutes is 96
127-repealed and the following is substituted in lieu thereof (Effective from 97
128-passage): 98
129-(a) As used in the general statutes, except chapter 504, and except as 99
130-otherwise provided: (1) "Armed forces" means the United States Army, 100
131-Navy, Marine Corps, Coast Guard, Air Force and Space Force and any 101
132-reserve component thereof, including the Connecticut National Guard 102
133-performing duty as provided in Title 32 of the United States Code, as 103
134-amended from time to time; (2) "veteran" means any person honorably 104
135-discharged from, released under honorable conditions from or released 105
136-with an [other than honorable] other-than-honorable discharge based 106
137-on a qualifying condition from, active service in, the armed forces; (3) 107
138-"service in time of war" means service of ninety or more cumulative days 108
139-during a period of war unless separated from service earlier because of 109
140-an injury incurred or aggravated in the line of duty or a service-110
141-connected disability rated by the United States Department of Veterans 111
142-Affairs, except that if the period of war lasted less than ninety days, 112
143-"service in time of war" means service for the entire period of war unless 113
144-separated because of any such injury or disability; (4) "period of war" 114 Substitute Bill No. 6748
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149-has the same meaning as provided in 38 USC 101, as amended from time 115
150-to time, except that the "Vietnam Era" means the period beginning on 116
151-February 28, 1961, and ending on July 1, 1975, in all cases; and "period 117
152-of war" shall include service while engaged in combat or a combat 118
153-support role in Lebanon, July 1, 1958, to November 1, 1958, or September 119
154-29, 1982, to March 30, 1984; Grenada, October 25, 1983, to December 15, 120
155-1983; Operation Earnest Will, involving the escort of Kuwaiti oil tankers 121
156-flying the United States flag in the Persian Gulf, July 24, 1987, to August 122
157-1, 1990; Panama, December 20, 1989, to January 31, 1990; Afghanistan, 123
158-October 24, 2001, to August 30, 2021; and Iraq, March 19, 2003, to 124
159-December 31, 2011, or June 1, 2014, to December 9, 2021, and shall 125
160-include service during such periods with the armed forces of any 126
161-government associated with the United States; and (5) "qualifying 127
162-condition" means (A) a diagnosis of post-traumatic stress disorder or 128
163-traumatic brain injury made by an individual licensed to provide health 129
164-care services at a United States Department of Veterans Affairs facility, 130
165-(B) an experience of military sexual trauma, as described in 38 USC 131
166-1720D, as amended from time to time, disclosed to an individual 132
167-licensed to provide health care services at a United States Department 133
168-of Veterans Affairs facility, or (C) a determination that sexual 134
169-orientation, gender identity or gender expression was more likely than 135
170-not the primary reason for an [other than honorable] other-than-136
171-honorable discharge, as determined in accordance with subsections (c) 137
172-and (d) of this section. 138
17381 This act shall take effect as follows and shall amend the following
17482 sections:
17583
17684 Section 1 from passage 27-103(d)
177-Sec. 2 from passage 14-20b(c)
178-Sec. 3 from passage 14-36h(g)
179-Sec. 4 from passage 27-103(a)
18085
181-Statement of Legislative Commissioners:
182-The title was changed.
183- Substitute Bill No. 6748
86+Statement of Purpose:
87+To allow any person who received an other than honorable discharge
88+and who believes such discharge characterization was based on such
89+person's sexual orientation, gender identity or gender expression to
90+apply to have such person's discharge characterization recorded upon a
91+state veterans registry as "honorable".
18492
93+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
94+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
95+underlined.]
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97+Co-Sponsors: REP. JOHNSON, 143rd Dist.; REP. DELANY, 144th Dist.
98+REP. SANTANELLA, 58th Dist.; REP. SHANNON, 117th Dist.
18799
188-VA Joint Favorable Subst.
100+H.B. 6748
101+
189102