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title-38a•Title 38A — Military and Veterans Law
The following definitions apply to this Title:
(a) "Militia" means all the military forces of this State, whether organized, or active or inactive.
(b) "National Guard" means the Army National Guard and the Air National Guard.
(c) "Army National Guard" means that part of the organized militia that is a land force, is trained and has its officers appointed under the 16th clause of section 8, Article I of the Constitution of the United States, is organized, armed and equipped wholly or partly at Federal expense, and is Federally recognized.
(d) "Army National Guard of the United States" is the reserve component of the Army of the United States all of whose members are members of the Army National Guard.
(e) "Air National Guard" means that part of the organized militia that is an air force, is trained and has its officers appointed under the 16th clause of section 8, Article I, of the Constitution of the United States, is organized, armed and equipped wholly or partly at Federal expense, and is Federally recognized.
(f) "Air National Guard of the United States" means the reserve component of the Air Force of the United States all of whose members are members of the Air National Guard.
(g) "Armed forces" means the land, air and sea forces established by State or Federal laws, as applicable.
(h) "Military" means any part of or all of the armed forces.
(i) "Active duty" means duty in the active military service.
(j) "Active duty for training" means duty in the active military service for training purposes.
(k) "Inactive duty training" means duty performed by a member of the organized militia other than active duty or active duty for training.
(l) "Officer" means commissioned officer or warrant officer.
(m) "Grade" means a step or degree, in a graduated field of office or military rank, that is established and designated as a grade by law or regulation.
(n) "Rank" means the order of precedence among members of the armed forces.
(o) "Permanent duty status" means full-time employment of a member of the organized militia ordered to active duty by the Governor to serve in the Department of Military and Veterans' Affairs.
(p) "Shall" is used in an imperative sense.
(q) "Will" is used in a permissive sense.
(r) "Regulations" means the rules and regulations on the governing and training of the militia.
(s) "Federal service" means duty in the active service of the United States.
(t) "Armory" means any building or training installation utilized by the organized militia.
The militia, except as hereinafter provided, shall consist of all able-bodied citizens of this State and all other able-bodied persons residing in this State who have made a legal declaration of intent to become citizens of the United States, who are at least 17 years of age and, except as hereinafter provided, not more than 45 years of age, and such other persons as may upon their own application be enlisted or commissioned therein in accordance with federal or State law and regulations.
The classes of the militia are:
(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and
(b) The unorganized militia, which consists of the members of the militia who are not members of the organized militia.
The persons exempt from militia duty under Federal laws and regulations issued thereunder shall be exempt from militia duty in this State.
In addition, the following persons shall be exempt from militia duty in this State.
(a) The judicial and executive officers of any political subdivision of this State.
(b) Such other persons as may hereafter be specifically exempted by the laws of this State, or by order of the Governor.
For the purposes of military justice and administration the following persons may administer oaths unless otherwise provided:
(a) Such persons as are authorized to do so by Federal laws and regulations.
(b) Such persons as are authorized by State laws and regulations to administer oaths for all purposes.
Federal laws and regulations, forms, precedents and usages relating to and governing the armed forces of the United States and the militia shall, insofar as the same are applicable and not inconsistent with the constitution of this State, apply to and govern the military forces of this State.
The Governor, or other person administering the government, shall be the commander-in-chief of the militia of this State, except as to any part thereof called or ordered into Federal service.
The staff of the Governor shall consist of:
(a) Executive: The Adjutant General of the State Department of Military Affairs.
(b) Personnel: Such aides as may be appointed or detailed by the Governor from among the officers of the organized militia, in a grade not higher than the one held in the organized militia or in federal service, whose term of office, unless sooner terminated, shall expire with that of the Governor who shall have appointed or detailed them.
Whenever the militia, or any part thereof, is employed in aid of civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation, declare any county or municipality, or part thereof, in which the troops are serving to be subject to martial law.
The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active duty all or any part of the militia that he may deem necessary. He may maintain such forces on such active duty until the exigencies shall have passed.
Whenever the militia, or any part thereof, is called or ordered into Federal service under Federal laws and regulations, the Governor shall order for such service the militia, or such part thereof as may be required. All persons so called or ordered shall, upon release from Federal service, under such Federal and State laws and regulations as may be prescribed, resume their membership in the militia. All enlisted members shall continue to serve in the organized militia until the dates upon which their enlistments entered into prior to the call or order would have expired if uninterrupted, except as otherwise may be proclaimed under section 38A:6-4 of this Title.
The Governor may prescribe regulations to carry out his functions and duties under this Title. Any such regulations which affect a Federally recognized component of the organized militia shall, however, conform to the Federal laws and regulations concerning the same.
a. There are many men and women of this State who bravely serve this Nation and State in the United States Armed Forces, the reserve components and the New Jersey National Guard; and
b. These brave men and women are true patriots who gallantly protect America from potential enemies to ensure our freedom and our way of life; and
c. Although there are memorials to those who have given their lives in the service of our country, there does not exist a proper tribute to those on active service in the United States Armed Forces, the reserve components and the New Jersey National Guard; and
d. It is fitting and proper that this State honor those actively serving by providing a tribute to them.
The Department of Military Affairs shall be a principal department in the executive branch of the State Government.
a. Since the establishment of this State more than 200 years ago, New Jersey's veterans have maintained their proud allegiance to the United States and have fought and died to preserve and protect our freedom and way of life;
b. Presently there are approximately 900,000 veterans with service in time of war or conflict residing in New Jersey, including more than 10,000 World War I veterans, 406,000 World War II veterans, 202,000 veterans of the Korean conflict, 203,000 veterans of the Vietnam conflict, 30,000 women veterans, and veterans of the Lebanon and Grenada peacekeeping missions;
c. The Departments of Higher Education, Human Services, Labor, and the Treasury provide special services and benefits to these veterans and their dependents;
d. The Department of Human Services, which is the principal government agency that serves this State's veterans, has done an especially commendable job attending to this special group of residents; and
e (Deleted by amendment, P.L.2025, c.139)
f. It is in the public interest to incorporate various services and programs which pertain specifically to veterans and their dependents into an executive department which can serve their needs more efficiently than is possible at present.
The Department of Military Affairs shall consist of:
(a) The Adjutant General;
(b) The deputy adjutant general;
(c) The assistant adjutant general, New Jersey Army National Guard;
(d) The assistant adjutant general, New Jersey Air National Guard;
(e) Such officers of the organized militia, active or inactive, authorized by the Governor for duty therein;
(f) Such clerks and employees as may be required, who may be detailed from the organized militia;
(g) State headquarters for selective service; and
(h) The organized militia.
(i) (Deleted by amendment, P.L.2025, c.139)
(j) (Deleted by amendment, P.L.2025, c.139)
(k) (Deleted by amendment, P.L.2025, c.139)
(l) (Deleted by amendment, P.L.2025, c.139)
A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated Brigadier General William C. Doyle Veterans' Memorial Cemetery, a State-operated veterans' memorial cemetery, a national veterans' memorial cemetery, or a local veterans memorial cemetery, if the individual is eligible for interment at those facilities.
(2) Each funeral director shall promptly respond to a request from the Commissioner of the Department of Veterans Affairs for information as to whether the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, have been claimed.
b. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans' organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct.
If a person applying for employment at a New Jersey veterans memorial home on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.
b. A person who is employed at a New Jersey veterans memorial home as a direct care staff member shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Adjutant General deems appropriate. The Adjutant General shall annually perform random drug tests on 100 direct care staff members.
c. A person who is employed at a New Jersey veterans memorial home as a direct care staff member may be required to undergo drug testing for controlled dangerous substances if the employee’s immediate supervisor has reasonable suspicion to believe that the employee is illegally using a controlled dangerous substance, based on the employee’s visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the Adjutant General, and if the supervisor concurs that there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor shall notify the chief executive officer of the New Jersey veterans memorial home, or other executive level officer of the veterans memorial home designated by the Adjutant General, and request approval in writing for ordering the employee to undergo drug testing. Drug testing of an employee shall not be ordered without the written approval of the chief executive officer or other executive level officer designated by the Adjutant General.
d. An employee who tests positive for the unlawful use of any controlled dangerous substance may be referred to employee advisory services, or terminated from employment, as applicable, based on the employee’s job title. An employee who refuses to submit to drug testing shall be terminated from employment. In all cases, however, the employee shall retain any available right of review by the Civil Service Commission.
e. The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the Department of Military and Veterans’ Affairs.
f. Drug testing shall be performed by an outside drug testing facil-ity in a manner prescribed by the Adjutant General.
g. The Adjutant General shall notify all affected employees of New Jersey veterans memorial homes of the provisions of this section.
h. As used in this section, “direct care staff member” means a: Human Services Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech therapist; social worker; and any other staff member employed by a veterans memorial home who provides direct care to a resident at the facility, as determined by the Adjutant General.
i. Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Adjutant General shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.
“Caregiver” shall mean a spouse, parent, child, relative or other person who is 18 years of age or older and who has the primary responsibility of providing daily care for the eligible veteran. “Disabled veteran” shall mean any citizen and resident of this State now or hereafter honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States, a Reserve component therof, or the National Guard and who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability.
The Adjutant General of the Department of Military and Veterans' Affairs shall promulgate, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act.
(1) the number of residents and staff in each veterans’ home, including comparisons to previous reports;
(2) any significant health risks posed to the residents and staff in each veterans’ home due to the public health emergency;
(3) any changes in operating procedures in each veterans’ home due to the public health emergency; and
(4) the amount of personal protective equipment available to residents and staff at each veterans’ home.
b. As used in this section:
(1) “veterans’ home” means the New Jersey Veterans' Memorial Home - Menlo Park, the New Jersey Veterans' Memorial Home - Vineland, and the New Jersey Veterans' Memorial Home - Paramus.
(2) “personal protective equipment” means any items commonly used to protect an individual from bacterial or viral infections, including, but not limited to, disinfecting wipes, disposable gloves, disposable gowns, face shields, N95 face masks, surgical masks, or parts thereof.
b. The resident advocate shall:
(1) act as a liaison between the State veterans’ memorial home and each of the residents at the State veterans’ memorial home;
(2) receive complaints from residents at the State veterans memorial home; and
(3) respond to any concerns or grievances from the residents at the State veterans’ memorial home and, if appropriate, submit concerns or grievances to the State Long-Term Care Ombudsman.
c. A resident advocate who receives an oral or written complaint from a resident at a State veterans’ memorial home shall log the complaint from the resident on a written or electronic form. The division shall develop, publish, and distribute the written and electronic form to be used by the resident advocate. At a minimum, the written and electronic form shall contain spaces for the following information:
(1) the name of the resident submitting the complaint;
(2) the nature of the complaint;
(3) whether the complaint is an emergency that requires an immediate response, a critical situation that requires a reasonably prompt response, or a noncritical situation that requires an appropriately timely response; and
(4) a plan of action for the complaint and an estimate time frame within which the action will be taken.
d. A resident advocate who fills out a form under subsection c. of this section shall provide one copy of the form to the resident submitting the complaint and one copy to the administrator of the State veterans’ memorial home. The resident advocate shall also retain the advocate’s copy for not less than one year after the complaint is resolved.
e. A State veterans’ memorial home shall make every reasonable effort to make the resident advocate at that memorial home easily identifiable by posting the name and work hours of the resident advocate and shall make every reasonable effort to assure that the plan of action prepared by the resident advocate under paragraph (4) of subsection c. of this section is carried out within the time frame set forth in the plan of action.
a. identify the strengths and vulnerabilities of, and threats to, the current and future viability of the State's military installations in the context of changing defense plans and economic development needs;
b. evaluate, report on, and recommend strategies and best practices to improve economic outcomes for the State's military installations and defense industry;
c. promote and facilitate a coordinated approach to economic development related to the State's military installations and the industries that support them;
d. promote opportunities for defense industry investments, work to create defense industry clusters at each military installation, and recommend significant development projects that would support the State's defense industry;
e. develop productive relationships with the various governmental, industry, and community stakeholders involved in promoting the success of the State's military installations;
f. disseminate information on the attributes and benefits of the State's military installations which make them attractive to current and future defense planning, business investment, and economic growth; and
g. undertake any other duty consistent with the ombudsman's purpose and deemed appropriate by the Adjutant General.
a. act as the contact person for private businesses and industries for projects related to, supporting, and impacting the State's military installations, regardless of the size of the business or investment, during the permit approval and application process, to facilitate and advocate on behalf of the applicant with each appropriate State government department or agency, in a manner similar to the process established under P.L.2011, c.34 (C.52:14B-26 et seq.);
b. in collaboration with any governmental or non-profit entity, undertake a targeted marketing campaign highlighting the economic growth sectors in the State's defense industry, including, but not limited to, aerospace, information technology, cyber security, biotechnology, bioscience, and engineering;
c. make available information to federal contractors, improve access to that information, and foster relationships among the State, local, and federal stakeholders;
d. establish a New Jersey Procurement Partnership Program to facilitate mentorship relations between smaller and larger companies; conduct procurement seminars; identify federal resources and make them readily accessible; and take advantage of available opportunities to create industry clusters around the State's military installations;
e. promote the State's military installations by organizing Military Installation Resources for Growth events at each installation, thereby providing an opportunity for business, governmental, and community stakeholders and partners to meet and learn about current and emerging economic development and other opportunities at each installation; and
f. in collaboration with the Office of the Secretary of Higher Education, foster synergies between institutions of higher education and the defense industry in this State, which may include, but shall not be limited to, developing a centralized database of higher education faculty contacts, their research areas, patented technologies, research centers and their facilities and equipment, and published academic articles, provided the database shall not include any information of a sensitive or classified nature or other information that may compromise the security of any person or institution of higher education.
a. organize an annual tour of the State's military installations for the New Jersey Congressional Delegation to inform the delegation of issues pertaining to each installation and provide them with information relevant to their work of ensuring the current and future viability of the State's military installations;
b. provide accurate, current, and factual information about the State's military installations and their attributes to federal partners, including information to dispel misconceptions in the areas of air space, encroachment, and installation infrastructure, and to highlight the benefits and the current and future potential of each installation in the context of defense planning and economic growth; and
c. establish and convene Commander Council meetings on a regular basis to meet directly with the commanding officers of each military installation and hear from them and other high-ranking officials concerning the specific operations and needs at each installation.
b. The Adjutant General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt such rules and regulations as may be necessary to implement the provisions of this act.
The transfer directed by this act will be made in accordance with the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.).
The head of the Department of Military Affairs shall be the Adjutant General, who shall be appointed with the grade of major general of the line, New Jersey Army National Guard, or major general, New Jersey Air National Guard, by the Governor, with the advice and consent of the Senate, from:
(a) Federally recognized general officers in the National Guard who have served therein for the preceding 10 years; or
(b) Federally recognized commissioned officers in the National Guard, who have served therein for the preceding 10 years and are now serving in a military grade not below that of a colonel, such officers having the qualifications to become federally recognized as brigadier general of the line, New Jersey Army National Guard, or brigadier general, New Jersey Air National Guard.
The deputy adjutant general shall be appointed by the Governor upon the nomination of the Adjutant General. The deputy adjutant general shall be a person who has served as a commissioned officer in the armed forces of the State and who is a federally recognized commissioned officer in a military rank not below that of colonel. He may be appointed with the grade of brigadier general. The duties of the deputy adjutant general shall be prescribed by the Adjutant General.
The deputy adjutant general shall have the authority to act for and in place of the Adjutant General during the absence or disability of the Adjutant General. If the office of the Adjutant General shall become vacant, the deputy adjutant general shall exercise the powers and perform the duties of the Adjutant General until a successor shall have been appointed and shall have qualified.
Any vacancy occurring in the office of the deputy adjutant general shall be filled in the same manner as the original appointment.
Under the direction of the Governor, the Adjutant General shall:
(a) Exercise control over the affairs of the Department of Military Affairs and in connection therewith make and issue such regulations governing the work of the Department of Military Affairs and the conduct of its employees as may, in his judgment, be necessary or desirable.
(b) Be the request officer of the Department of Military Affairs within the meaning of such term as defined in section 1 of P.L.1944, c.112 (C.52:27B-1).
(c) (Deleted by amendment, P.L.1988, c.138.)
(d) Command the organized militia of the State, with responsibility for recruiting, mobilization, administration, training, discipline, equipping, supply, and general efficiency thereof. The Adjutant General may issue such regulations and delegate such command functions as shall be deemed necessary. The regulations so issued shall, insofar as possible, conform to the federal laws and regulations concerning the same.
(e) Maintain the archives and be the custodian of the records and papers required, by laws or regulations, to be filed with the Department of Military Affairs.
(f) Supervise, administer, and coordinate those activities of the selective service system for which the Governor is responsible.
(g) Acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the name of and for the use of the State of New Jersey, all those parcels of land as shall be necessary for armories and other militia facilities and supervise the design, construction, alteration, maintenance, and repair of said property.
(h) Establish and maintain such headquarters as may be required for the militia.
(i) Exercise the powers vested in him and perform such other duties and functions as required of him by the Governor and by federal and State laws and regulations.
(j) (Deleted by amendment, P.L. 2025, c.139)
(k) Appoint and remove officers and other personnel employed within the department, subject to the provisions of N.J.S.38A:3-8 and Title 11A of the New Jersey Statutes and other applicable statutes, except as herein otherwise specifically provided.
(l) Have authority to organize and maintain an administrative division and to assign to employment therein secretarial, clerical, and other assistants in the department or the Adjutant General's Office for the purpose of providing centralized support to all segments of the department, including budgeting, personnel administration, and oversight of equal opportunity programs.
(m) Perform, exercise, and discharge the functions, powers, and duties of the department through such divisions as may be established by this act or otherwise by law.
(n) Organize the work of the department in divisions not inconsistent with the provisions of this act, N.J.S.38A:21-1 et al., and in bureaus and other organizational units as the Adjutant General may determine to be necessary for efficient and effective operation.
(o) Adopt, issue, and promulgate, in the name of the department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be authorized by law.
(p) Institute, or cause to be instituted, legal proceedings or processes as necessary to properly enforce and give effect to any of the Adjutant General's powers or duties.
(q) Make an annual report to the Governor and to the Legislature of the department's operations and render other reports as the Governor shall from time to time request or as may be required by law.
(r) Coordinate the activities of the department, and the several divisions and other agencies therein, in a manner designed to eliminate overlapping and duplicative functions.
(s) Integrate within the department, so far as practicable, all staff services of the department and of several divisions and other agencies therein.
(t) Request access to all relevant files and records of other State agencies, which may be made available to the Adjutant General by the head of a State agency, and request, subject to the permission of the head of the State agency, any officer or employee therein to provide information as necessary to assist in the performance of the functions of the department.
(u) (Deleted by amendment, P.L. 2025, c.139)
(v) (Deleted by amendment, P.L.2025, c.139)
(w) Make application for federal grants and programs, other than education grants or funds.
(x) Administer the federally funded training and rehabilitation programs, except for the administration of federally funded education and training programs set forth in 38 U.S.C. s.36 et seq.
(y) (Deleted by amendment, P.L.2025, c.139)
(z) (Deleted by amendment, P.L. 2025, c.139)
(aa) (Deleted by amendment, P.L. 2025, c.139)
(bb) (Deleted by amendment, P.L.2025, c.139)
(cc) (Deleted by amendment, P.L.2025, c.139)
(dd) (Deleted by amendment, P.L.2025, c.139)
(ee) Identify each New Jersey resident who enrolls in the United States Military Academy, United States Naval Academy, United States Coast Guard Academy, United States Merchant Marine Academy, or United States Air Force Academy, and issue a New Jersey State flag to that individual.
(ff) Provide a monthly report to veteran organizations and the appropriate county officer and municipal register of the names of all persons buried or cremated in the State veteran cemeteries the previous month. The monthly reports and waivers may be transmitted and received electronically. As used in this section, "veteran organization" means a veteran organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code, or a federally chartered Veterans’ Service Organization. No burial or cremation information shall be released to a veteran organization or county officer until a representative of the person buried or cremated has signed a waiver permitting release of the information. The monthly reports and waivers shall not be considered a government record and shall not be accessible under the law commonly referred to as the open public records act, P.L.1963, c.73 (C.47:1A-1 et seq.).
In addition to any other powers, the Adjutant General under the direction of the Governor shall have the authority to order to active duty, with or without pay, in State service, such members of the New Jersey National Guard, that in his judgment are necessary to provide aid to localities in circumstances which threaten or are a danger to the public health, safety or welfare. He may authorize the employment of any supporting vehicles, equipment, communications or supplies as may be necessary to support the members so ordered. No member shall be ordered to active duty without pay unless the member has consented to such service. Members serving without pay shall have all of the obligations, rights, benefits, privileges, protections and immunities as if ordered to active duty with pay.
The Adjutant General may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association or individual, except for education grants or federal funds for education grants, and may comply with the terms, conditions and limitations thereof, for any purposes of the department. Any money so received may be expended by the department, subject to any limitations imposed in such grants, to effect any of the purposes of the department, as the case may be, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the commissioner. The power herein granted shall be in addition to and shall in no way limit the authority granted to the commissioner by this act or any other existing law.
b. The report of a follow-up study of the well-being of all former residents of State veterans' memorial homes, who have made a transition into the community after the effective date of this act as a result of implementation of a plan to close a State veterans' memorial home, shall be submitted one year after the beginning of implementation of the plan, and annually thereafter, until the veterans' memorial home has closed. In addition, for each of the five years after the closure of a home, a report of a follow-up study of the well-being of all former residents of the home shall be submitted.
c. Reports submitted pursuant to this section shall be made available on the website of the Department of Military and Veterans' Affairs.
a. cause copies of the voter registration forms and instructions furnished under subsection f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) to be displayed at each recruitment office of the New Jersey National Guard and to be made available to each person who, when appearing in person at such office to apply for enlistment in the Guard, may wish, on a voluntary basis, to register to vote;
b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to each such office; and
c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to each recruitment office of the New Jersey National Guard which is located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).
b. The Adjutant General of the Department of Military and Veterans' Affairs shall also prepare and disseminate a directory of Veterans Diversion Resource Program entities currently available within New Jersey pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).
The Adjutant General shall take rank and precedence above all other officers of the militia.
The personnel of the Department of Military Affairs shall consist of the following classes of persons:
(a) Officers and enlisted members who are ordered to active duty on a permanent duty status, with the pay allowances of their grade and length of service in accordance with section 38A:4-3 of this title.
(b) Classified civil service employees.
(c) Unclassified civil service employees, who may be relieved, suspended, or discharged for good cause. Such personnel shall be administered as far as practicable under similar regulations as those applicable to classified civil service, but shall be subject to military discipline and control as the Commissioner deems appropriate and shall include all personnel employed for the maintenance of armories.
(d) Technicians paid from federal funds. Such personnel shall be appointed by the Adjutant General, who shall determine their salaries and who may relieve, suspend or discharge such persons at any time for good cause, and shall be subject to military discipline and control.
The Governor shall appoint, designate or detail, subject to Federal laws and regulations, an officer of the National Guard of this State to be the United States Property and Fiscal Officer for this State. All such powers, functions and duties which are or may be imposed upon the United States Property and Fiscal Officer of the State by Federal laws and regulations shall be exercised and performed by such officer.
The Commissioner of the Department of Veterans Affairs may demand and receive, for the services herein enumerated, except for those in proof of pension and exemption from jury duty, or in lieu of lost discharges, the following fees:
(a) For every search made in his office for the military record of any member or former member of the armed forces, including any member of the American Merchant Marine during World War II who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, the sum of $1.00.
(b) For the furnishing of every certified copy of such record, the sum of $2.00.
The Commissioner shall keep a true record and account of fees received under the provisions of this section and shall pay the same into the State Treasury in the manner prescribed by law.
The Adjutant General shall have an appropriate seal and have affixed an impression of the same to all certificates of record issued from the Department of Military Affairs. Copies of any books, records, papers, and documents, in the Department of Military Affairs certified by the Adjutant General or other designated officer of the department, under seal of the Department of Military Affairs shall be admitted as evidence in any court of the State, either civil or military, with the same force and effect as if the original had been produced.
a. Be a structural liaison and public relations body on behalf of this State in all matters relating to federal military and naval installations located within this State or proposed to be located herein. The council shall communicate and cooperate with the President of the United States and with all other federal officials and employees and private persons for the effectuation of the purposes of this act.
b. Work with the public and private sectors to maximize the quality of life for all military personnel and their dependents by facilitating access to government services, educational institutions, recreation facilities, and job opportunities.
c. Increase public awareness of military missions performed in New Jersey and the economic impact they have on this State and its citizens.
d. Work with the State and local governments to improve the effectiveness of military installations by facilitating coordinated planning and expedited review of military and Coast Guard permits and other requests.
e. Work with the State and local governments and military and Coast Guard installations to minimize encroachment around military and Coast Guard installations.
f. Convene meetings at least twice a year with installation commanders to discuss how New Jersey can more effectively support military and Coast Guard installations in the State.
This section shall also apply when a deceased service member is not a resident of this State, but whose surviving beneficiary is a resident of this State, if that information is known.
(2) Every county veterans' affairs office shall have a designated Gold Star family member liaison. The liaison may be a volunteer or a Gold Star family member. The liaison shall, in conjunction with the State veterans' service offices, assist Gold Star families to access the services they are entitled to by providing information on State benefits, Gold Star family organizations, and such other resources deemed necessary and beneficial to a Gold Star family member.
b. For the purpose of this section:
"Child" means the individual who is a son or daughter by birth or adoption.
"Deceased service member" means any member of the Armed Forces of the United States or a Reserve component thereof or a member of the National Guard who dies as a result of enemy action, accident or disease while on federal active duty, including active duty for training.
"Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption.
"Parent" means the individual who is a father or mother by birth or adoption.
"Spouse" means the individual to whom the deceased service member was legally married at the time of the member's death.
"Surviving beneficiary" means the spouse, child or parent of a deceased service member who resides in this State.
The public members shall serve for terms of three years and until the appointment and qualification of their successors, except that of the initial appointment of public members, four shall be appointed for a term of three years, four shall be appointed for a term of two years, and four shall be appointed for a term of one year.
If any public member discontinues affiliation with the respective veterans' organization, the member shall immediately resign membership with the commission.
Any vacancy in the membership of the commission shall be filled in the same manner as the original appointments are made.
The commission shall prepare and submit annual reports containing its findings, activities and recommendations, including any recommendations for administrative and legislative action that it deems appropriate, to the Governor, the Legislature and the Deputy Commissioner of Veterans' Affairs.
The commission shall periodically advise the Deputy Commissioner of Veterans' Affairs on its activities, findings and recommendations.
The department shall conduct a review of any organization prior to the organization's inclusion on the registry, and the department may, in its discretion, refuse to include an organization on the registry or remove an organization from the registry if the department determines that the organization's services do not reflect the purpose of the registry. Inclusion on the registry shall not be construed to be an endorsement of an organization by the department or State.
b. As used in this section, "organizations that provide services to veterans" includes any organization, not for profit or otherwise, exclusively providing services to veterans or primarily providing services to veterans, or any organization that provides services to a variety of recipients including veterans.
Each council shall consist of eight members, at least five of whom are veterans, and shall include no less than two women. The Deputy Commissioner of Veterans' Affairs, or a designee, shall serve as a nonvoting ex-officio member on each council. Each member shall be appointed by the Adjutant General with the approval of the Governor. The term of each council member shall be three years, except that of the first appointments pursuant to this section, two shall be for a term of one year, two for a term of two years, and three for a term of three years. At no time shall a member be allowed to serve more than two terms in the aggregate, or on both councils at the same time.
b. The members of each council shall nominate a chairperson by majority vote of the members, and four members shall constitute a majority. The chairperson of each council shall be its presiding officer and shall serve until a successor has been nominated by the council.
c. Any vacancy shall be filled for the unexpired term only. Members of the council shall be subject to removal by the Adjutant General at any time for good and sufficient cause.
d. The members of the council shall receive no compensation for their services but shall be reimbursed for actual expenditures incurred in the performance of their duties within the limits of funds appropriated or otherwise made available for this purpose.
a. Formulate comprehensive policies for the coordination of all services for the benefit of veterans housed at the Veterans Haven facilities;
b. Consult with and advise the Deputy Commissioner of Veterans' Affairs and the Director of Veterans' Services with respect to the work of each Veterans Haven facility;
c. Recommend standards and procedures for application and termination of eligibility for admission to each Veterans Haven facility; and
d. Recommend standards of care, treatment and discipline governing the relationship between each Veterans Haven facility and the persons admitted thereto.
The department shall:
a. develop, in cooperation with the New Jersey Transit Corporation and the United States Department of Veterans Affairs, a program to provide reimbursement, subject to available State or federal funding, to qualified veterans who spend their own funds to travel on public transportation to and from medical counseling appointments for service-connected conditions within the State using any motor bus or rail passenger service conducted by the corporation when the veteran is not otherwise eligible for payment for travel or reimbursement by means of any existing State or federal program;
b. develop, in cooperation with the United States Department of Veterans Affairs, a program to provide reimbursement to qualified veterans who spend their own funds to travel using private transportation to and from medical counseling appointments for service-connected conditions within the State by reimbursing on a per mile basis their operation of a privately-owned conveyance when that veteran is not otherwise eligible for payment for travel or reimbursement by means of any existing State or federal program, provided that the qualified veteran shall not use a for-hire private entity that charges for transportation unless such transportation is necessary for the qualified veteran due to a service-connected injury or disability for which the veteran has a certified rating provided by the United States Department of Veterans Affairs which prevents or hinders his or her ability to operate a privately-owned conveyance;
c. develop, in coordination with the United States Department of Veterans Affairs, a system for monitoring veterans who have applied for reimbursement;
d. notify the general public and eligible veterans that the program established by this section is available to qualified veterans; and
e. adopt such rules and regulations as may be necessary to effectuate the purposes of this act.
b. The department shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, authority, board, bureau, commission, agency, or entity, or of Rutgers, The State University, or any other public institution of higher education in the State, as it may require and as may be available to it for the purpose of carrying out its duties under this act.
a. Residents of New Jersey have answered the call to fight for our country many times as members of the United States military and as members of the New Jersey National Guard.
b. Throughout history, New Jersey residents have made the ultimate sacrifice for their country and have given their life for our freedom.
c. The family members left behind after the untimely deaths of these brave service members, known as Gold Star family members, are often left with emotional wounds who need the caring intervention of a mental health professional to grieve and learn to live with the new reality of their loved one's passing.
d. The United States Department of Veterans Affairs has taken the lead to provide mental health care to veterans and certain family members with the establishment of the Care Enough to Share program which links mental health professionals with an opportunity to volunteer their time and talents to help the nation's veterans and certain family members by providing mental health counseling.
e. It is honorable and necessary that the State of New Jersey assist these family Gold Star family members in their grief by establishing programs that can link mental health care professionals with the family members to provide the needed mental health care free of charge to the families.
"Gold Star family member" means an individual who is a New Jersey resident and is the surviving spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole blood or the half blood, of by adoption, of a member of the Armed Forces of the United States or the National Guard who died while on active duty for the United States.
"Mental health care professional" means a person who provides mental health services and is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to practice a health care profession that is regulated by one of the following : the State Board of Medical Examiners; the State Board of Psychological Examiners; the State Board of Social Work Examiners; the State Board of Marriage and Family Therapy Examiners; the Alcohol and Drug Counselor Committee; the Professional Counselor Examiners Committee; and the Certified Psychoanalysts Advisory Committee.
a. The department shall recruit mental health care professionals to donate professional counseling hours to provide mental health counseling to Gold Star family members. The department may coordinate the recruitment efforts with the federal Department of Veterans' Affairs.
b. The department shall coordinate with the federal Department of Veterans Affairs to maintain a list of mental health care professionals who are available to provide professional mental health counseling hours to Gold Star family members.
c. The department shall maintain and distribute the list of available mental health care professionals on a Statewide basis and shall distribute the list of available mental health care professionals to each county Veteran Service office for the distribution thereof.
d. The department shall create a system for monitoring and verifying the donated hours to facilitate the tax credit provided to mental health care professionals pursuant to section 6 of P.L.2017, c.174 (C.54A:4-16).
e. The department shall provide documentation annually to the mental health care professional for submission to the Department of the Treasury to verify the amount of tax credit the mental health care professional is eligible to request annually pursuant to section 6 of P.L.2017, c.174 (C.54A:4-16). The amount of annual tax credit shall be determined by the department as the sum of the hours of donated counseling provided to the Gold Star family member multiplied by the documented compensation rate applied to these hours. To determine the compensation rate, the department shall use the calendar year TRICARE rate for the service provided in the geographic location in which the service is provided. The department shall limit the cumulative hours which are authorized for the annual tax credit to a minimum of 20 hours and a maximum of 40 hours per year, per professional.
(1) the Adjutant General of the Department of Military and Veterans' Affairs, or his or her designee, who shall serve as chairperson;
(2) the Commissioner of the Department of Human Services, or a designee;
(3) the Commissioner of the Department of Health, or a designee;
(4) the Commissioner of the Department of Community Affairs, or a designee;
(5) the Commissioner of the Department of Education, or a designee;
(6) the Commissioner of the Department of Labor and Workforce Development, or a designee;
(7) the Secretary of State, or a designee;
(8) the Attorney General, or a designee; and
(9) five public members who are residents of this State and who are veterans, as defined under section 2 of P.L.1987, c.444 (C.38A:3-1.2), one to be appointed by the Governor, and four to be appointed one each by the President of the Senate, the Senate Minority Leader, the Speaker of the General Assembly, and the Assembly Minority Leader. At least two of the five public members shall be women veterans.
The public members of the commission shall serve for terms of three years and until the appointment and qualification of their successors, except that of the initial appointment of public members, three shall be appointed for a term of three years, and two shall be appointed for a term of two years. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointments are made.
b. The commission shall organize as soon as practicable after the appointment of a majority of its members and shall select from among its members a vice chairperson. The members shall select a secretary, who need not be a member of the commission. Thereafter, the commission shall meet quarterly and at the call of the chairperson. A meeting of the commission may also be called upon at the request of seven of the commission members, and seven members of the commission shall constitute a quorum at any meeting thereof. The commission may conduct public hearings at such places and at such times as it shall designate, at which it may solicit the testimony of interested persons, groups and the general public.
c. The commission shall be entitled to call to its assistance and avail itself of the services of employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes. The Department of Military and Veterans' Affairs shall provide such organizational and personnel support as the commission may request. All departments and agencies of the State shall furnish such advice and information, documentation, and assistance to the commission as is deemed necessary or desirable by the commission to facilitate its purposes.
d. The members of the commission shall serve without compensation, but the public members may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to it for its purposes.
b. In developing and updating the strategic plan, the commission shall conduct an analysis to identify the various programs and benefits provided by the State to the veteran population, and to evaluate those programs to assess their status and effectiveness. Areas of analysis shall include, but need not be limited to, each existing program's status, successes, and challenges in addressing the veteran population's: (1) access to benefits; (2) educational, job skills, employment, and business opportunities; (3) physical and behavioral health and long-term healthcare options; (4) criminal justice issues; (5) housing opportunities and homelessness; and (6) special needs as determined by the commission. The strategic plan shall be based upon comprehensive data gained through open and transparent engagement with State departments and agencies and veterans' stakeholders.
c. The commission shall develop recommendations to be submitted to the Governor and the Legislature to address any deficiencies in the provision of benefits and services to veterans in this State. The recommendations shall specifically address whether the existing State programs, services, and resources are adequate to meet the veteran population's existing needs; are being used to fulfill objectives in a manner that complements and leverages State, federal, and private resources; and how they may more effectively deliver veterans' services to all current and future veterans in the State of New Jersey.
b. The Department of Military and Veterans' Affairs shall:
(1) create, publish, and distribute material to all public agencies of the availability of the assistance; and
(2) create a consistent and uniform process to assist a former service member with the appropriate and necessary forms and conditions prescribed by federal law, so that he or she may petition the United States Department of Veterans Affairs, or its successor agency, to change the designation of his or her discharge to honorable.
At no time shall a fee be charged to a former service member for seeking assistance to have the designation of his or her discharge changed to honorable.
c. A former service member who has the designation of his or her discharge changed to honorable shall be afforded the same rights, privileges, and benefits authorized by State law to service members who were honorably discharged.
d. Information related to the change in the designation of a discharge, including, but not limited to, a request for assistance, shall be confidential and not accessible to the public as a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).
e. The Adjutant General shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the Adjutant General deems necessary to carry out the provisions of this act, P.L.2021, c.56.
Officers and enlisted members of the organized militia shall be commissioned, warranted or enlisted with such qualifications and administered under such regulations as the Governor may prescribe except as otherwise prescribed by applicable Federal laws or regulations or by this Title.
Rank of officers and enlisted members of the organized militia shall be determined by the same methods as are prescribed by Federal laws and regulations for the respective Armed Forces of the United States.
a. An officer or enlisted member ordered to State active duty shall receive the pay and allowances prescribed by Federal laws and regulations for an officer or enlisted member of corresponding grade and length of service when on Federal active duty, provided that an officer or enlisted member of the Army National Guard or Air National Guard shall be paid a minimum of $100 of base pay for each day the officer or member is on State active duty.
b. Notwithstanding subsection a. of this section, the State shall not provide pay and allowances for State active duty service when pay and allowances for such service is provided out of Federal funds, unless Federal funds are insufficient to provide an officer or enlisted member with the minimum of $100 for each day of State active duty service. This provision shall not limit or restrict the applicability of 38A:4-4 to individuals detailed to the Department of Defense in a permanent duty status.
a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of the State or of a county, school district or municipality who is a member of the organized militia shall be entitled, in addition to pay received, if any, as a member of the organized militia, to leave of absence from his or her respective duties without loss of pay or time on all days during which he or she shall be engaged in any period of State or Federal active duty; provided, however, that the leaves of absence for Federal active duty or active duty for training shall not exceed 90 work days in the aggregate in any calendar year. Any leave of absence for such duty in excess of 90 work days shall be without pay but without loss of time.
b. Leave of absence for such military duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees by the State, county or municipal law, ordinance, resolution, or regulation.
c. Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
Every officer and enlisted member of the organized militia, during his service therein, shall be exempt from jury duty.
No member of the organized militia shall be arrested on any warrant or other process, except for treason or a high misdemeanor, while going to, remaining at or during the performance of any duty of a military character or returning from any place at which he may be required by competent authority to attend for military duty.
The pay and allowances due or to become due to any member of the organized militia for military duty therein, and any compensation that may be awarded for injuries, disabilities or death sustained therein, shall be exempt from attachment, execution or other legal process.
(a) Any officer or enlisted member who shall have reached the age of 64 years shall be retired by the Governor. Any officer or enlisted members who shall have served at least 10 years in the military forces of this State, or who must be separated because Federal recognition shall have been or is scheduled to be withdrawn or terminated under honorable conditions, upon application to the Governor, may be retired.
(b) The Governor may order retired officers or enlisted members to active duty, if they consent thereto.
In time of war or imminent danger thereof retired officers and enlisted members may be ordered by the Governor to perform any military duty assigned by him.
For all purposes, officers and enlisted members who entered the active service of the United States in time of war by appointment or enlistment, or under call, order or draft by the President, or who shall hereafter enter such service under like conditions, shall be entitled to credit for the time served in the active service of the United States, as if such service had been rendered to or for the State.
Any member of the New Jersey National Guard while going to, or returning from, any parade, encampment, drill, or meeting which he may be required to attend under the laws and regulations for said National Guard, shall, together with his conveyance and the military property of the State or of the United States, or both, in his charge, be allowed to pass free of charge through all toll gates and over all toll roads, bridges and ferries within this State, if he is in uniform or if he presents an order for duty or a certificate from his commanding officer that he is a member of the National Guard.
Any member of a reserve component of any of the Armed Forces of the United States while going to, or returning from, any parade, encampment, drill, meeting or active duty for training which he may be required to attend or undertake under the laws and regulations for such reserve component, shall, together with his conveyance and the military property of the United States in his charge, be allowed to pass free of charge through all toll gates and over all toll roads, bridges and ferries within this State, if he is in uniform or if he presents an order for duty or a certificate from his commanding officer that he is a member of such reserve component.
(a) The Governor shall nominate and appoint all general and flag officers of the militia, with the advice and consent of the Senate.
(b) All other officers of the militia shall be appointed and commissioned by the Governor upon recommendation of the Adjutant General after due consideration to nominations of the commanders in the normal chain of command.
(c) No person shall assume the status or perform the duties of an officer until he shall have been duly appointed and announced in orders issued by the Adjutant General.
(d) Officers shall be citizens of the United States and, unless otherwise prescribed by federal law and regulation, shall be at least 21 years of age.
Except when a comparable oath is subscribed to under Federal laws or regulations, every officer shall take and subscribe to the following oath of office:
"I , do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of New Jersey against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and of the Governor of the State of New Jersey; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of in the upon which I am about to enter, so help me God."
The acceptance of a commission or warrant in the militia shall be deemed a resignation by the person accepting the same of all other commissions or warrants held by him in the militia, provided, however, that acceptance of a commission in the State Guard in time of war or emergency shall not be so deemed a resignation.
The acceptance of a commission or warrant, or enlistment, in any of the Armed Forces of the United States, including the reserve components thereof, shall also be deemed a resignation by the person accepting the same or so enlisting of any commissions or warrants held in the militia, provided, however, that acceptance of temporary appointments while in Federal service or of a reserve commission in the same component as that in which serving in the militia shall not be so deemed a resignation.
Any citizen of this State may accept and hold a commission in the militia or in any reserve component of the Armed Forces of the United States, without thereby vacating any civil office or position held. The acceptance or holding of any such commission shall not constitute holding of an office of trust or profit under the government of this State or of the United States incompatible with the holding of any civil office or position under the government of this State.
Officers shall provide themselves with the uniforms and equipment prescribed by applicable regulations.
The Governor, whenever he deems it to be for the good of the service, may order any officer to appear before a board of examination. The board of examination shall consist of 3 officers, senior in rank to the officer whose fitness for service is under examination, and such board shall be vested with the powers of courts of inquiry, to examine into the moral character, capacity, availability for active State or Federal service, and physical and professional fitness of such an officer. The board may recommend the retention of the officer being examined, the retirement because of physical inability to perform active service, or his discharge and the vacating of his commission or warrant. The findings of the board shall become effective upon approval by the Governor.
An officer may resign his commission or warrant, but such resignation shall not become effective until it shall have been accepted by the Governor.
The commission or warrant of an officer shall be vacated:
(a) Upon acceptance by the Governor of the resignation of such officer; or
(b) By an order of the Governor discharging such officer:
(1) For his failure to maintain his qualifications for Federal recognition; or
(2) For the scheduled or actual termination or withdrawal of his Federal recognition where Federal recognition is a prerequisite for continued service; or
(3) For a change in Federal reserve status which makes him ineligible to continue assigned to a unit of the organized militia; or
(4) For his absence from duty without leave for more than 3 months; or
(5) Pursuant to the recommendation of a board of examination or the sentence of a court-martial.
There shall be an unassigned list for officers. An officer may be included in the unassigned list:
(a) Pending acceptance of his resignation, or
(b) Pending his retirement as otherwise provided by this Title, or
(c) Pending withdrawal or termination of his Federal recognition, or
(d) Pending separation following unfavorable review of the recommendations or findings of a board of examination or a court-martial.
Enlistments, reenlistments and extensions of enlistments shall be for such periods as are prescribed by the Adjutant General by regulations except as otherwise provided by applicable federal laws or regulation for enlisted members required to have a federal reserve status.
Except when a comparable oath of enlistment is subscribed to under Federal law or regulations, every person who enlists or re-enlists shall take and subscribe to the following oath of enlistment:
"I do hereby acknowledge to have voluntarily enlisted this day of in the of the United States and the State of New Jersey, for a period of years, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of New Jersey, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and of the Governor of the State of New Jersey and of the officers appointed over me according to law."
Any commissioned officer of the organized militia or any commissioned officer of the Armed Forces of the United States detailed to duty with any component of the organized militia of this State, may administer the oath of enlistment to enlisted members.
If an emergency is declared by the President, Congress, the Governor or the Legislature, the Governor may by proclamation, in accordance with Federal and State laws and regulations, extend the enlistments of enlisted members of the organized militia until 6 months after the termination of that emergency.
The National Guard shall consist of those organizations and units which are or hereafter may be authorized by Federal law and regulations issued thereunder for the National Guard. No change in branch, organization or allotment of a unit may be made without approval of the Governor.
During the absence of any organization or unit of the National Guard in Federal service, its organization or unit designation shall not be given to or used by any other organization or unit.
The administration, discipline and training of the National Guard shall conform to the applicable Federal and State laws and regulations.
Subject to such exceptions as may be set forth in Federal laws and regulations, or as otherwise prescribed by this Title, all officers and enlisted members of the National Guard shall meet the qualifications for Federal recognition as officers or enlisted members of the National Guard and be so recognized.
There may be an inactive National Guard consisting of officers and enlisted members. The composition, purposes and general regulations governing the same shall be in accordance with Federal laws and regulations.
The Naval Militia may be organized, maintained and disbanded at the discretion of the Governor under applicable Federal laws and regulations. The Naval Militia shall consist of such organizations and units of the Naval Reserve of the United States as may be prescribed by the Governor and shall be composed of officers and enlisted men who meet the qualifications for membership in such Naval Reserve and are so enrolled therein.
The administration, discipline and training of the Naval Militia shall conform to applicable Federal or State laws and regulations.
There may be an inactive Naval Militia consisting of officers and enlisted members. Regulations governing the same will be as prescribed by the Governor.
The State Guard may be organized, maintained and disbanded at the discretion of the Governor at any time when additional defense forces are required and such action is not prohibited by Federal and State laws and regulations. Such forces shall be composed of officers commissioned or warranted therein or assigned thereto, and such able-bodied citizens of the State as shall volunteer for service therein, supplemented, if necessary, by men of the unorganized militia enrolled by draft or otherwise as provided by law or regulation.
The State Guard shall be organized, armed, equipped, maintained, disciplined, governed, administered and trained under such regulations as the Governor may prescribe, which shall conform, insofar as practicable, with applicable Federal laws and regulations.
The Governor may make available to the State Guard the facilities of the State armories and their equipment and such other State premises and property as may be available, and he may requisition from the Federal Government for the use of the State Guard, arms, ammunition, clothing, equipment and other items in accordance with Federal laws and regulations. The governing body of every county, municipality, board, commission or district, including school districts, may make available to the State Guard any premises, facilities, equipment or other property belonging to, or in the possession or control of, any such body, municipality, board, body, commission or district.
All members of the organized militia, and all other persons lawfully called, ordered or drafted for duty in the organized militia from the dates they are required by the terms of the call, order or other directive to obey the same, are subject to this chapter.
(a) This chapter shall be applicable in all places within the State. It shall also apply to all persons subject to this chapter while serving without the State and while going to and returning from such service without the State in a like manner and to the same extent as while such persons are serving within the State.
(b) Courts-Martial and Courts of Inquiry may be convened and held in units of the organized militia while serving without the State with the same jurisdiction and powers as if held within the State, and offenses committed without the State may be tried and punished either without the State or within the State.
The military courts for the militia of this State shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts. The convening authority for such military courts and maximum punishments authorized shall be as prescribed by federal and State laws and regulations applicable to the National Guard, provided, however, that special courts-martial may be convened only with the approval of the Adjutant General, Department of Military Affairs.
In any case when the offense charged is also an offense against civil authority, the convening authority of a court-martial may, upon request of the civil authorities, order the person charged to be turned over to the appropriate civil authorities of such State, territory or place for trial.
All processes, writs, warrants and sentences of the military courts shall be directed to and executed by any sheriff, member of the State Police or any other officer or member of the police department of any municipality, or any other law enforcement officer of any county or municipality. They shall be similar in form to like processes, writs, or warrants issued by civil courts, or in such forms as may be prescribed by the Governor in regulations. All officers to whom such process, writ or warrant may be directed shall execute the same and make return thereof to the officer issuing them.
The keepers and wardens of all municipal or county jails shall receive the persons committed to them by a military court, and shall confine them in accordance with the direction of such court and according to law.
Fines shall be paid to the court imposing them, to the civil officer executing its process, or to the commanding officer of the organization of which the accused is a member. All fines imposed and collected by reason of the sentence of any court-martial, except such as may be payable to the United States, shall be paid into the organization fund of which the person is a member, and shall be accounted for in the same manner as other funds of such organization.
No action or proceedings for damages shall be prosecuted or maintained against a member of a military court, or persons acting under its authority or reviewing its proceedings on account of the approval, or imposition or collection of any fine or other penalty, or the execution of any warrant, writ or other process of a military court.
Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for witnesses appearing in a civil court. The reporter of any court shall be paid for stenographic services the same fees as are provided by law for similar services in civil courts.
Fees for services of civil officers shall be the same as provided by law for services in civil courts. Costs will be levied and disbursed by the court. Records of all fees, costs and disbursements shall be kept in the headquarters of the organization concerned.
The Adjutant General shall secure and hold in custody the funds of disbanded organizations after settling such necessary obligations as may be presented for payment within six months after such disbandment. Whenever any disbanded organization shall be replaced within a year, the moneys shall be transferred by the Adjutant General to the new organization. If no new organization be organized within such year, the funds may be expended in such manner as he deems best.
Any officer to whom military property of the United States or of this State is issued, or to whom public money is paid, or who holds and disburses any military funds, shall be required to give bond with surety conditioned faithfully to perform the duties of his office and to account properly for all property, moneys or funds received and disbursed by him. Such bonds shall be in amount, form and with surety satisfactory to the Adjutant General and filed in his office. The premiums thereon shall be paid by the State.
Every officer and enlisted member to whom public property has been or may hereafter be issued shall be financially and personally responsible to the State or to the United States, as their interest may appear, for its good condition, safe-keeping and return when called upon by the competent authority.
In case of the loss, damage or destruction of such property, the person to whom the same has been issued shall not be relieved from liability unless it is shown to the satisfaction of the Governor, or of the Secretary of the Federal Service involved, or the authorized agent of either that the said loss, damage or destruction was unavoidable and not the fault of the person responsible for the property.
Except as otherwise provided in this chapter the value of the property lost, damaged or destroyed shall be charged against the person at fault. Such person shall pay upon demand the value of such property to the Treasurer of the State of New Jersey or the Treasurer of the United States as may be determined by the evidence furnished.
The value of the lost, damaged or destroyed property, and the person to be charged with the value thereof, shall be determined by a surveying officer appointed by the Governor or the Secretary of the Federal service involved, who shall file a report of his findings and recommendations through proper channels, for administrative action.
If any person at fault, or his surety, shall fail to pay the full value of the lost, damaged or destroyed property, the amount due may be deducted from any pay or allowances due or to become due to such person or it may be recovered by the methods prescribed by law for the recovery of moneys due the State or Federal Government in a civil court.
Any officer of the militia charged with the care and responsibility of public property may bring an action in the Superior Court against any person who detains any arm, article of clothing or equipment, or any military supplies, being the property of the United States or of this State. The court may proceed in the action in a summary manner or otherwise, with a jury if a jury be demanded by the defendant. The court may require the defendant to deliver up such property to the plaintiff.
Any officer of the militia charged with the care or custody of property of any organization of the militia may seize and hold any uniforms, arms, equipment or other military property of the Federal Government or of this State.
Any municipal court or other court of competent jurisdiction, on complaint made by any officer of the militia charged with the care or custody of any military property, that any such military property is unlawfully withheld from him by any person within the jurisdiction of such court, and that the same is believed to be in a particular place specified in the complaint, shall issue to any sheriff, police officer or member of the State Police, a search warrant.
On finding such property, the court issuing such warrant shall order the property to be delivered to the officer making the complaint.
When any lawfully organized association of veterans of any war from this State shall apply to the Adjutant General for the temporary loan of camp and garrison equipage, ordinance or other military stores, for any purpose not in conflict with or in violation of the laws of this State or the United States, the Adjutant General shall examine into such application, and upon finding it a just and proper request may order and authorize the issuance of such stores.
The applicants shall be required to furnish good and sufficient bonds for the value of the stores issued. Such bonds shall first be approved by the Adjutant General and remain on file in the office of the Adjutant General.
The uniforms, arms and equipment, and other military property of the United States or this State shall be exempt from every process of law, except as otherwise provided in the chapter.
Unserviceable, unsuitable or surplus military property may, after a proper survey, be sold under such terms and regulations as may be prescribed by the Adjutant General. Moneys derived from such sales shall be deposited as received with the State Treasurer and maintained by him in a separate account. Moneys credited to such an account shall be appropriated and used for the repair, replacement, improvement and maintenance of military property.
The Adjutant General is authorized to lease or acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the name of and for the use of the State of New Jersey, such real property as shall be necessary for the purpose of armories or other military facilities.
No real property leased by this State or the United States for armories or other military facilities shall be subject to condemnation proceedings without first obtaining the approval of the Governor.
Whenever the title to any real property required for an armory or other military facility is vested in a county or municipality, such county or municipality may convey or lease, with or without consideration, such real property to this State.
The Adjutant General shall, in compliance with the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), supervise the construction, repair, and alterations of armories and other military facilities.
The Adjutant General, on behalf of the State, is authorized to make application for, and accept from, the federal government, or any agency thereof, a grant of money to pay part or all of the cost of constructing armories or other military facilities.
There shall be appropriated to the State Department of Military Affairs from time to time such sums as may be necessary to meet the State's share, or the entire cost of such construction, when included in any annual or supplemental appropriation act.
The Adjutant General may lease, rent, or permit the use of any armory or other military facility, or any part thereof, for nonmilitary purposes, under such restrictions and for such compensation, if any, as he may by regulation prescribe.
When any buildings and real property have been declared by the Adjutant General to be surplus or unsuitable for military purposes and their sale has been authorized by the governor, the Adjutant General, on behalf of the State, is authorized to convey such buildings and real property to the county or municipality in which the same are situate, or to other purchasers, at such price and upon such terms and conditions as shall be approved by the State House Commission.
Furthermore, if it will not interfere with or impair military activities, the Adjutant General, on behalf of the State, may convey an easement to the county or municipality in which the land is situated or to a public utility company organized under Title 48 of the Revised Statutes at such price and upon such terms and conditions as shall be approved by the State House Commission.
The proceeds of any sale made pursuant to N.J.S.38A:12-6 shall be deposited as received with the State Treasurer and maintained by him in a separate account. Moneys credited to such an account shall be appropriated and used for the purchase of real property or for the construction, alteration, or renovation of buildings for the use of the militia.
The board of chosen freeholders of any county or governing body of any municipality may purchase any building and real property referred to in section 38A:12-6 at the price and upon the terms and conditions so fixed.
A member of the organized militia who incurs an injury, disease or disability in the line of duty, and whose claim is approved by the Adjutant General, or his duly appointed representative shall be entitled to the same benefits as are provided in article 2 of chapter 15 of Title 34. If the member incurs death under the same conditions, the dependent members of the family of the deceased, if any, shall be entitled to compensation as provided in article 2 of chapter 15 of Title 34. To the extent that a member or dependent may be entitled to receive federal benefits for particular elements of a claim, the benefits provided pursuant to this section shall be reduced by the amount of the federal benefits paid for each element of a claim.
As used in this chapter "in line of duty" means that the injury, disease, disability or death has been sustained in the discharge of duty, in going to and from that duty, or in responding to, preparing for, or returning from an emergency while under orders from competent authority.
In any claim for compensation for injury or death from cardiovascular or cerebrovascular causes, the claimant shall prove by a preponderance of the credible evidence that the injury or death was produced by effort or strain related to the performance of duty involving a substantial condition, event or happening in excess of the wear and tear of the claimant's daily living and in reasonable medical probability caused in a material degree the cardiovascular or cerebrovascular injury or death resulting therefrom.
Material degree means an appreciable degree or a degree substantially greater than de minimis.
Any person who becomes a member of the organized militia of the State of New Jersey shall be deemed to have surrendered his right to any other method, form or amount of compensation or determination thereof from the State or the organized militia, other than as provided in this chapter for any injury or death occurring to him in line of duty. Such entry into the militia shall bind the member's personal representative, surviving spouse and next of kin, as well as the State of New Jersey and the organized militia.
Neither the State, the organized militia nor any member of the organized militia shall be liable to anyone at common law or otherwise for an injury or death compensable under this chapter, including any injury or death that results from an act or omission occurring while the member was in the same service of the organized militia as the person whose actions caused that injury or death, except for injury or death caused by an intentionally wrongful act of a comember.
The earnings of the member in his civilian vocation shall be the basis for such compensation, but the basis shall not be less than the pay such person was entitled to receive as an active member of the militia.
The Adjutant General may order an examination of a claimant to be made from time to time by a medical officer or officers or physician designated for that purpose. If the claimant refuses to permit such examination, he shall be barred from all right to any claim or allowance under this chapter. The Adjutant General may direct the removal of the claimant to a hospital for treatment on the recommendation of a medical officer or officers or a physician based on an examination. If the claimant refuses to permit such examination or to go to such hospital, or to follow the advice given or treatment prescribed for him therein, he may be barred from all right to any claim or allowance under this chapter at the discretion of the Adjutant General.
Notwithstanding the provisions of section 10 of P.L. 1978, c. 67 (C. 52:14F-8), contested case matters before the Department of Defense shall be presented to the Adjutant General who may appoint a board of officers to inquire into the merits of any claim under this chapter. The board shall have the power to take evidence, administer oaths, issue subpoenas, compel witnesses to attend and testify, and produce books and papers, and to punish their failure to do so. The reports and findings of the board are subject to the approval or disapproval of the Adjutant General who may accept, reject or modify the report and the findings of fact and conclusions of law of the board of officers. The Adjutant General may in his discretion request the Division of Workers' Compensation in the Department of Labor to assign a workers' compensation judge to hear a contested matter in place of the board of officers. The Adjutant General shall promulgate regulations governing the procedures for hearing contested cases prior to a referral of a contested case to the Division of Workers' Compensation in the Department of Labor.
The amount found by the Adjutant General to be due a member or his dependent family shall be paid by the State in the same manner as other State payments are made.
A claim shall not be allowed unless it is presented to the Adjutant General within two years from the date of the injury, disease, disability or death. A claim which has been adjudicated or modified may be reopened at any time by the Adjutant General on the ground that the incapacitation has subsequently increased or decreased.
Upon application of any claimant made within six months of the notification to such claimant or his attorney of the determination, the Adjutant General may reopen a claim and may appoint another board, as provided in 38A:13-4 to consider said claim. Such board shall make its report to the Adjutant General in the same manner as the original board and may use the testimony taken before the original board or take additional testimony.
In the event a member of the organized militia on active duty ordered by competent authority, is killed or dies within 2 years from injuries sustained in such line of duty, he shall, in addition to the benefits provided by section 38A:13-1, be entitled to have a lump sum death benefit of $7,500.00 paid by the State on his account. Such death benefit shall be paid to the deceased militiaman's wife, if any, otherwise to his children, if any, in equal shares, and otherwise to those who would be entitled to share in his estate if he had died intestate.
b. Since its inception, the helpline has fielded over 6,000 calls from veterans and their families and based on prior statistics, a 10% increase in calls has been projected.
c. The helpline is funded through an allocation from a State appropriation for post traumatic stress disorder. It is appropriate that the helpline have a separate annual appropriation.
b. The helpline shall be accessible 24 hours a day seven days per week and shall respond to calls from veterans, servicemembers and their families. The operators of the helpline shall seek to identify the veterans, servicemembers and their families who should be referred to further peer support and counseling services, and provide referrals.
c. The operators of the helpline shall be trained by University Behavioral Healthcare of Rutgers, The State University of New Jersey and, to the greatest extent possible, shall be trained veterans or mental health professionals with military service expertise and (1) familiar with post-traumatic stress disorder, traumatic brain injury and the emotional and psychological tensions, depressions, and anxieties unique to veterans, servicemembers, and their families or (2) trained to provide counseling services involving marriage and family life, substance use disorder, personal stress management and other emotional or psychological disorders or conditions which may be likely to adversely affect the personal and service related well-being of veterans, servicemembers, and their families.
d. The Department of Military and Veterans' Affairs and Rutgers, The State University of New Jersey shall provide for the confidentiality of the names of the persons calling, the information discussed, and any referrals for further peer support or counseling; provided, however, the Department of Military and Veterans' Affairs and Rutgers, The State University of New Jersey may establish guidelines providing for the tracking of any person who exhibits a severe emotional or psychological disorder or condition which the operator handling the call reasonably believes might result in harm to the veteran or servicemember or any other person.
The commanding officer of any organization or unit of the organized militia parading or performing any military duty in any street or highway may require all persons on such street or highway to yield the right of way to such troops. Motor vehicles traveling in military convoy, shall be accorded the right of way on all streets and highways of this State.
The exercise of the rights of way provided for in this section shall not interfere with the carriage of the United States mail, with the progress of ambulance, or the legitimate functions of the police and fire departments.
Any person who violates this section shall be guilty of a misdemeanor.
Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by an officer or in any manner pledge or pawn any arms, equipment or other military property issued by the United States or this State for use of the militia, shall be guilty of a misdemeanor.
Any person who shall exclude a person lawfully wearing a uniform of the militia, or the United States Armed Forces or a Reserve component thereof, from the equal enjoyment of any accommodation, facility or privilege furnished by innkeepers or common carriers or by owners, managers or lessees of theatres or other places of amusement, resort, or public accommodation because of that uniform, shall be guilty of a crime of the fourth degree and subject to the penalties therefor, except that the amount of a fine shall be a mandatory minimum of $1,000.
Any fines collected pursuant to this section shall be deposited in the "NJ National Guard State Family Readiness Council Fund," established pursuant to section 1 of P.L.2011, c.117 (C.54A:9-25.29).
Any person who, either by himself or with another, willfully deprives a member of the organized militia, or the United States Armed Forces or a Reserve component thereof, of his employment or prevents his being employed by himself or another, or obstructs or annoys such member in his employ in respect to his trade, business or employment because he is a member of the organized militia, or the United States Armed Forces or a Reserve component thereof, or is performing or about to perform some duty in connection therewith or dissuades any person from enlistment therein by threat or injury to him in respect to his business, employment or trade, in case he shall enlist, shall be guilty of a crime of the fourth degree and subject to the penalties therefor, except that the amount of a fine shall be a mandatory minimum of $2,500.
Any fines collected pursuant to this section shall be deposited in the "NJ National Guard State Family Readiness Council Fund," established pursuant to section 1 of P.L.2011, c.117 (C.54A:9-25.29).
Any person who knowingly, with intent to impersonate and with intent to deceive, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by federal and State laws and regulations, shall be guilty of a crime of the fourth degree.
Any person who knowingly, with intent to impersonate and with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by federal and State laws and regulations, shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000, if the actor obtains money, property or other tangible benefit in an amount less than $75,000; or a crime of the second degree, if the actor obtains money, property or other tangible benefit in the amount of $75,000 or more.
Any person who knowingly, with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, holds oneself out to be a recipient of any decoration or medal created by federal and State laws and regulations to honor the members or veterans of the United States Armed Forces or the organized militia shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000, if the actor obtains money, property or other tangible benefit in the amount less than $75,000; or a crime of the second degree, if the actor obtains money, property or other tangible benefit in the amount of $75,000 or more.
Any monies collected pursuant to this section shall be forwarded to the State Treasurer, and shall be deposited into the Military Dependents Scholarship Fund, as established pursuant to P.L.2015, c.117 (C.18A:71B-98 et seq.), in the Higher Education Student Assistance Authority.
Any person who willfully trespasses upon any camp or parade ground, rifle range, armory or property lawfully used by or in connection with the militia, or any part thereof, or injures any property situated thereon, or willfully violates thereon any regulations established to maintain order, preserve property or prevent accidents upon such property, or removes, mutilates or destroys any such property shall be guilty of a misdemeanor.
The commanding officer upon any occasion of duty may place in arrest during the continuance thereof, any person who shall trespass upon a camp or parade ground, armory, arsenal, rifle range, or any other place devoted to or used for military purposes or shall in any manner interrupt or molest or disturb the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty.
Any person who assaults, fires at, throws missile at, against, or upon any uniformed member or members of the militia or other person lawfully aiding such member or members, when assembling or assembled for the purpose of performing any military duty, shall be guilty of a misdemeanor.
Any person who willfully interferes with the execution of any order or call for troops made by the Governor, and any person ordered or called, who does not appear at the time and place designated within 24 hours of such time, or who does not produce a sworn certificate from a physician of physical disability indicating inability to respond as aforesaid shall be deemed guilty of a misdemeanor.
The commanding officer may prohibit and prevent all gambling, auction sales and the peddling of all kinds of merchandise within the limits of the post, camp ground, or place of encampment.
There may be issued to officers and enlisted members after at least 10 years active and faithful service in the organized militia an appropriate medal, and for each and every 5 years of subsequent active and faithful service a suitable numeral therefor, under such regulations as the Governor may prescribe.
The Governor may present in the name of the State of New Jersey a distinguished service medal of appropriate design, and ribbon to be worn in lieu thereof, to
any person who is a member of the organized militia or the Armed Forces of the United States or a Reserve component thereof, or who was honorably discharged therefrom, if the person was a resident upon entry into service or has been a resident of this State for at least 20 years in the aggregate. To qualify for a distinguished service medal, the person, while serving in the organized militia, or while in federal service, shall have served in a combat theater of operations during a time of war or emergency as attested to by the awarding of an honorable discharge and DD 214 or WD 53 by the respective Armed Forces or shall have been officially listed as a prisoner of war or missing in action by the United States Department of Defense. The distinguished service medal may be awarded to a deceased person who would have qualified for the medal pursuant to this section.
The Governor may present in the name of the State of New Jersey a meritorious service medal of appropriate design, and ribbon to be worn in lieu thereof, to any person who is a member of the organized militia, or the Armed Forces of the United States, or a Reserve component thereof who was honorably discharged therefrom, if the person was a resident upon entry into service or if the person has been a resident of this State for at least five years in the aggregate. To qualify for a meritorious service medal, the person shall have served in the organized militia, or the Armed Forces of the United States or a Reserve component thereof. The meritorious service medal may be awarded to a deceased person who would have qualified for the medal pursuant to this section.
The meritorious service medal for a deceased person or a person absent as a prisoner of war or missing in action shall be issued to the parent, spouse, sibling or other relative who submits all of the required forms and documentation on behalf of that person.
The Adjutant General may procure and issue such service medals, ribbons, clasps, or similar devices as are authorized by the Legislature to be awarded to residents of the State of New Jersey who served on active duty in time of war or emergency or who served as members of the American Merchant Marine during World War II and are declared by the United States Department of Defense to be eligible for federal veterans' benefits.
(1) any person who, on the date of induction into the organized militia or federal military service, was a resident of this State and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during time of war or emergency, shall have been officially listed as a prisoner of war or missing in action by the United States Department of Defense; or
(2) any person who, on the date of induction into the organized militia or federal military service, was not a resident of this State but currently resides in this State or was a resident at time of death and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during time of war or emergency, shall have been officially listed as a prisoner of war or missing in action by the United States Department of Defense; and
(3) was taken prisoner and held captive or declared missing in action: (a) while engaged in an action against an enemy of the United States; (b) while engaged in military operations involving conflict with an opposing foreign force; or (c) while serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.
b. The period of creditable military service must include the period of captivity from date of capture through date of release. While no minimum time period of captivity exists as eligibility criteria for the medal, the New Jersey Department of Military and Veterans' Affairs should determine each case on its merits.
c. The medal shall be issued only to those taken prisoner by foreign armed forces that are hostile to the United States, under circumstances which the Adjutant General, or his designee, finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.
d. Any person convicted by a United States military tribunal of misconduct or a criminal charge or whose discharge is less than honorable based on actions while a POW-MIA is ineligible for the medal. Any POW-MIA whose conduct was not in accord with the Code of Conduct and whose actions are documented by United States military records, is ineligible for the medal. Resolution of questionable cases shall be the responsibility of the Adjutant General or his designee.
e. No more than one medal shall be awarded. For subsequent acts justifying award of the medal, service stars shall be awarded and worn on the suspension and service ribbon of the medal. A period of captivity terminates on return to United States military control. Escapees who do not return to United States military control and are recaptured by an enemy do not begin a new period of captivity for subsequent award of the medal.
f. The medal may be awarded for a deceased person or a person absent as a prisoner of war or missing in action and, when so directed, may be presented to such representatives, as the Adjutant General considers appropriate, who submit all of the required forms and documentation on behalf of that person.
Return of remains, in and of itself, does not constitute evidence of POW-MIA status.
b. A Bronze Star shall be awarded for subsequent total Honor Guard Mission Services of 130 within a two-year period. The award shall be displayed to the left of the Honor Guard Program symbol on the Honor Guard Ribbon.
c. A Silver Star shall be awarded for subsequent total Honor Guard Mission Services of 200 within a three-year period. The award shall be displayed to the right of the Honor Guard Program symbol on the Honor Guard Ribbon.
d. Administrative support personnel shall receive the Honor Guard Ribbon when they complete a minimum of nine months of service in support of the Honor Guard Program honoring "Those Who Served."
e. No more than one ribbon shall be awarded to any person, except that a ribbon that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced.
f. Determination of eligibility for an Honor Guard ribbon shall be the responsibility of the Adjutant General or his designee.
b. A star shall be awarded for 130 subsequent services within a two-year period. The award shall be displayed on the left of the Honor Guard Ribbon.
c. A second star shall be awarded for 200 subsequent services within a three-year period. The award shall be displayed on the right of the Honor Guard Ribbon.
d. No more than one ribbon shall be awarded to any person, except that a ribbon that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced.
e. Determination of eligibility for an Honor Guard Ribbon shall be the responsibility of the Adjutant General of the Department of Military and Veterans' Affairs or a designee. At a minimum, to be eligible to receive the ribbon, a bugler shall be certified by the department and shall supply official documentation of each performance to the department.
b. It shall be unlawful for any person:
(1) To have in the person's possession any canceled, fictitious, fraudulently altered, or fraudulently obtained driver's license or identification card with a Gold Star Family designation;
(2) To lend a driver's license or identification card with a Gold Star Family designation to any other person or knowingly permit the use thereof by another;
(3) To display or represent a driver's license or identification card with a Gold Star Family designation not issued to the person as being the person's card;
(4) To permit any unlawful use of a driver's license or identification card with a Gold Star Family designation issued to the person;
(5) To photograph, photostat, duplicate, or in any way reproduce a driver's license or identification card with a Gold Star Family designation, or facsimile thereof, in such a manner that it could be mistaken for a valid driver's license or identification card with a Gold Star Family designation, or to display or have in the person's possession any such photograph, photostat, duplicate, reproduction, or facsimile; or
(6) To alter a driver's license or identification card with a Gold Star Family designation in any manner.
c. A person who violates any provision of subsection b. of this section shall be liable to a civil penalty of $1,000. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.
b. To qualify for a New Jersey Global War on Terrorism Medal, the person, while serving in the organized militia or while in federal service, shall have served in at least one of the following operations as attested by the awarding of honorable discharge and the federal DD Form 214 by the respective Armed Forces:
(1) Operation Enduring Freedom;
(2) Operation Noble Eagle;
(3) Operation Iraqi Freedom;
(4) Operation Nomad Shadow;
(5) Operation New Dawn;
(6) Operation Inherent Resolve;
(7) Operation Freedom's Sentinel; and
(8) Operation Odyssey Lighting.
The New Jersey Global War on Terrorism Medal shall only be awarded to a person who was assigned, attached, or detailed for 30 consecutive days or 60 non-consecutive days to a unit during at least one of the eligible military operations.
c. No more than one medal shall be awarded to any person, except that a medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced.
d. The medal may be awarded to a deceased person or a person missing in action who would have qualified for the medal pursuant to this section and, when so directed, may be presented to such representative as the Adjutant General considers appropriate who submits all of the required forms and documentation on behalf of that person.
e. Any other eligibility requirements for the medal deemed appropriate by the Adjutant General shall be promulgated by the Department of Military and Veterans Affairs. At a minimum, the Department of Military and Veterans Affairs shall:
(1) establish a suitable design for the medal, including a ribbon to be worn with or in place of the medal;
(2) procure the manufacture of the medal and ribbon;
(3) if the recipient is a member of the New Jersey National Guard, ensure that award of the medal is properly reflected in the service records;
(4) establish procedures to identify members of the reserve components of the United States Armed Forces entitled to award of the medal; and
(5) adopt regulations to carry out the provisions of this section. The regulations shall include rules for wearing the medal and ribbon with the uniform of the New Jersey National Guard and provisions for the posthumous award of a medal.
f. There is created in the Department of Treasury a special, non-lapsing fund to be known as the "Global War on Terrorism Medal Fund." There shall be deposited into the fund the amounts made available for the purposes of the fund and monetary donations that may be received from any source for the purposes of the fund and any interest earned thereon. Monies deposited in the fund shall be dedicated for the design, manufacture, and distribution of the medal and ribbon.
2020, c.147.
The military forces of this State, when not in Federal service, shall not be required to serve outside the boundaries of this State except:
(a) Upon the request of the Governor of another State, the Governor of this State, may, in his discretion, order any portion or all of such forces to assist the military, naval or police forces of such other State who are actually engaged in defending such other State. Such forces may be recalled by the Governor at his discretion.
(b) Any organization, unit, detachment or member of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another State until they are apprehended or captured by such organization, unit, detachment or member or until the military, naval or police forces of the other State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, such other State shall have given authority by law for such pursuit by such forces of this State. Any such person who shall be apprehended or captured in such other State by an organization, unit, detachment or member of the forces of this State shall without unnecessary delay be surrendered to the military, naval or police forces of the State in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State.
Any military or naval forces or any organization, unit, detachment or member thereof of another State who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military or naval forces of such other State while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Act on Interstate Fresh Pursuit of Criminals, chapter 156 of Title 2A of the Revised Statutes.
The Governor is authorized from time to time to enter into agreements with the Governors of any States bordering on New Jersey for the protection in the event of emergency of any or all interstate bridges, tunnels, ferries and other communications facilities between New Jersey and such other States and by such agreements to fix and define the powers, duties, liabilities and immunities of the armed forces of New Jersey and of such other States with respect to the protection of such bridges, tunnels, ferries and other communications facilities.
As used in this chapter the term "emergency" shall mean and include any disaster resulting from enemy attack, sabotage or other hostile action, or from fire, flood, earthquake or other natural causes.
As used in this chapter the term "emergency" shall mean and include invasion or other hostile action, disaster, insurrection or imminent danger thereof.
With the prior or subsequent consent of the Congress of the United States, the Governor, on behalf of this State, is authorized to enter into, amend, supplement and implement agreements or compacts with the executive authorities of other States, providing for mutual military aid, and matters incidental thereto, in an emergency.
Such agreements or compacts may include but shall not be limited to provisions for joint military action against a common enemy; for the protection of bridges, tunnels, ferries, pipelines, communication facilities and other vital installations, plants and facilities; for the military support of civil defense agencies; for the fresh pursuit, by the organized militia or military forces or any part thereof of a signatory State into the jurisdiction of any other signatory State, of persons acting or appearing to act in the interest of an enemy government or seeking or appearing to seek to overthrow the government of the United States or of any signatory State; for the powers, duties, rights, privileges and immunities of the members of the organized militia or military forces of any signatory State while so engaged outside their own jurisdiction; for such other matters as are of a military nature, or incidental thereto, and which the Governor may deem necessary or proper to promote the health, safety and welfare of the people of this State; for the allocation of all costs and expenses arising from the planning and operation of such agreements or compacts.
Nothing contained in this chapter shall be construed as limiting, directly or indirectly, the power of the Governor to enter into interstate compacts or other agreements relating to mutual military aid and assistance in an emergency or impairing in any respect the force and effect thereof.
This act is a revision law and all acts and parts of acts inconsistent herewith are hereby superseded and repealed with all amendments and supplements and without limiting the general effect of this act in superseding and repealing acts inconsistent herewith the following acts and parts of acts are specifically repealed;
Chapter 1 of Title 38 of the Revised Statutes;
Chapter 2 of Title 38 of the Revised Statutes;
Chapter 3 of Title 38 of the Revised Statutes;
Chapter 4 of Title 38 of the Revised Statutes;
Chapter 5 of Title 38 of the Revised Statutes;
Chapter 7 of Title 38 of the Revised Statutes;
Chapter 8 of Title 38 of the Revised Statutes;
Chapter 9 of Title 38 of the Revised Statutes;
Chapter 10 of Title 38 of the Revised Statutes;
Chapter 11 of Title 38 of the Revised Statutes;
Chapter 12 of Title 38 of the Revised Statutes;
Chapter 13 of Title 38 of the Revised Statutes;
Chapter 14 of Title 38 of the Revised Statutes;
Chapter 15 of Title 38 of the Revised Statutes;
Chapter 19 of Title 38 of the Revised Statutes;
Chapter 22 of Title 38 of the Revised Statutes;
Chapter 26 of Title 38 of the Revised Statutes;
Chapter 27 of Title 38 of the Revised Statutes;
Laws of 1878, chapter 135
Laws of 1883, Joint Resolution No. 111
Laws of 1888, chapter 182
Laws of 1894, chapter 184
Laws of 1899, chapter 75
Laws of 1899, Joint Resolution No. 2
Laws of 1900, Joint Resolution No. 1
Laws of 1901, Joint Resolution No. 1
Laws of 1904, Joint Resolution No. 10
Laws of 1906, chapter 153
Laws of 1908, chapter 134
Laws of 1908, chapter 237
Laws of 1908, Joint Resolution No. 1
Laws of 1908, Joint Resolution No. 10
Laws of 1909, Joint Resolution No. 2
Laws of 1911, chapter 253
Laws of 1913, chapter 266
Laws of 1915, chapter 200
Laws of 1919, Joint Resolution No. 8
Laws of 1920, chapter 159
Laws of 1922, chapter 21
Laws of 1924, chapter 14
Laws of 1929, chapter 337
Laws of 1934, chapter 181
Laws of 1935, chapter 17
Laws of 1939, chapter 95
Laws of 1941, chapter 109
Laws of 1941, chapter 115
Laws of 1945, chapter 54
Laws of 1948, chapter 82
Laws of 1949, chapter 99
Laws of 1950, chapter 68
Laws of 1951, chapter 1
Laws of 1953, chapter 82
Laws of 1955, chapter 32
Laws of 1956, chapter 91
Laws of 1957, chapter 122
The repeal of any statute or part of a statute hereby effected shall not of itself revive any right or remedy abolished or superseded by said statute or part of a statute, so repealed.
This act shall not be printed in the Pamphlet Law of this or any other session of the Legislature.
This act shall take effect July 1, 1963.
The statutes contained in this chapter, which consists of Interstate Compacts, are saved from repeal without change in substance and are compiled herein for convenience in reference only.
An Act concerning mutual military aid and assistance by and between the State of New Jersey and other States, in an emergency, and approving and agreeing to an interstate compact therefor. (L.1951, c. 2, Approved February 15, 1951.)
WHEREAS, On the twelfth day of December, one thousand nine hundred and fifty, the Governor of the State of New York, for and on behalf of the State of New York, and the Governor of the State of New Jersey, for and on behalf of the State of New Jersey, agreed to an interstate compact for mutual military aid and assistance between such respective States, in an emergency; and
WHEREAS, Article II of said compact provides: "This compact shall become effective as to the signatory States when the Legislatures thereof have approved it and when the Congress has given its consent either before or after the date hereof. Any State not a party to this compact at the date hereof may become a party hereto."; and
WHEREAS, It is the purpose and object of said compact to promote the national security and the security of the States signatory thereto, and further protect the public health, safety and welfare; and
WHEREAS, It is the purpose and object of this act to approve said interstate compact; and
WHEREAS, By the provisions of chapter 68 of the laws of 1950, the Governor of this State is authorized from time to time to enter into agreements with Governors of States bordering on New Jersey for the protection in the event of emergency of interstate bridges, tunnels, ferries and other communications facilities between New Jersey and such other States; therefore
The State of New Jersey does hereby agree to, approve, and enter into a solemn compact with the State of New York (upon that State concurring therein, or otherwise approving thereof, by appropriate legislation) and with such other States as likewise concur therein or otherwise approve thereof, in form and terms as heretofore agreed to by the Governor of the State of New Jersey and the Governor of the State of New York, as follows:
An Interstate Compact for Mutual Military Aid in an Emergency
ARTICLE I
(1) The purposes of this compact are:
a. to provide for mutual military aid and assistance in an emergency by the military forces of a signatory State to the military forces of the other signatory States or of the United States, including among other military missions, the protection of interstate bridges, tunnels, ferries, pipe lines, communications facilities and other vital installations, plants and facilities; and the military support of civil defense agencies;
b. to provide for the fresh pursuit in case of an emergency, by the military forces or any part or member thereof of a signatory State into another State, of insurrectionists, saboteurs, enemies or enemy forces or persons seeking or appearing to seek to overthrow the government of the United States or of a signatory State;
c. to make provision for the powers, duties, rights, privileges and immunities of the members of the military forces of a signatory State while so engaged outside of their own State.
(2) a. "Emergency" as used in this compact shall mean and include invasion or other hostile action, disaster, insurrection or imminent danger thereof.
b. "State" as used in this compact shall include any signatory State.
c. "Military forces" as used in this compact shall include the organized militia, or any force thereof, of a signatory State.
ARTICLE II
This compact shall become effective as to the signatory States when the Legislatures thereof have approved it and when the Congress has given its consent either before or after the date hereof. Any State not a party to this compact at the date hereof may become a party hereto.
ARTICLE III
The Governor of each signatory State or his designated military representative shall constitute the Committee for Mutual Military Aid for the signatory States. It shall be the duty of the Committee for Mutual Military Aid to make joint plans for the employment of the military forces of the signatory States for mutual military aid and assistance in case of emergency.
ARTICLE IV
(1) It shall be the duty of each signatory State to integrate its plan for the employment of its military forces in case of emergency with the joint plans recommended by the Committee for Mutual Military Aid and with the emergency plans of the armed forces of the United States.
(2) In case of emergency, upon the request of the Governor of a signatory State, the Governor of each signatory State, to the extent consistent with the needs of his own State, shall order its military forces or such part thereof as he, in his discretion, may find necessary, to assist the military forces of the requesting State in order to carry out the purposes set forth in this compact. In such case, it shall be the duty of the Governor of each signatory State receiving such a request to issue the necessary orders for such use of the military forces of his State without the borders of his State and to direct the commander of such forces to place them under the operational control of the commander of the forces of the requesting State or of the United States which may be engaged in meeting the emergency.
(3) The Governor of any signatory State, in his discretion, may recall the military forces of his State serving without its borders or any part or any member of such forces.
ARTICLE V
In case of an emergency, any unit or member of the military forces of a signatory State which has been ordered into active service by the Governor may upon order of the officer in immediate command thereof continue beyond the borders of his own State into another signatory State in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces or persons seeking or appearing to seek to overthrow the government of the United States or of any one of the signatory States, until they are apprehended by such unit or member. Any such person who shall be apprehended or captured in a signatory State by a unit or member of the military forces of another signatory State shall without unnecessary delay be surrendered to the military or police forces of the State in which he is taken or to the forces of the United States. Such surrender shall not constitute a waiver by the State of the military forces making the capture, of its right to extradite or prosecute such persons for any crime committed in that State.
ARTICLE VI
(1) Whenever the military forces or any part thereof of any signatory State are engaged outside of their own State in carrying out the purposes of this compact, the individual members of such military forces so engaged shall not be liable, civilly or criminally, for any act or acts done by them in the performance of their duty.
(2) The individual members of such forces shall have the same powers, duties, rights, privileges and immunities as the members of the military forces of the State in which they are engaged, but in any event,
(3) Each signatory State shall save harmless any member of its military forces wherever serving and any member of the military forces of any other signatory State serving within its borders for any act or acts done by them in the performance of their duty while engaged in carrying out the purposes of this compact.
ARTICLE VII
(1) Each signatory State shall provide, in the same amounts and manner as if they were on duty within their own State, for the pay and allowances of the personnel of its military forces, and for the medical and hospital expenses, disability and death benefits, pensions and funeral expenses of wounded, injured or sick personnel and of dependents or representatives of deceased personnel of its military forces, in case such personnel shall suffer wounds, injuries, disease, disability or death while engaged without the State pursuant to this compact and while going to and returning from such other signatory State. Each signatory State shall provide in the same amounts and manner as if they were on duty within their own State for the logistical support and for other costs and expenses of its military forces while engaged without the State pursuant to this compact and while going to and returning from such other signatory State.
(2) Any signatory State rendering outside aid in case of insurrection or disaster not the result of invasion or hostile action, shall, if it so elects be reimbursed by the signatory State receiving such aid for the pay and allowances of its personnel, logistical support and all other costs and expenses referred to in section 1 of this article and incurred in connection with the request for aid. Such election shall be exercised by the Governor of the aiding State presenting a statement and request for reimbursement of such costs and expenses to the Governor of the requesting State.
ARTICLE VIII
Nothing in this compact shall be construed to limit or restrict the power of any signatory State in case of an emergency affecting that State only, to provide for the internal defense of any part of the territory of said State or for the protection and control of any bridge, tunnel, ferry, installation, plant or facility or any part thereof within the borders of such State or to prohibit the enforcement of any laws, rules and regulations or the execution of any plan with regard thereto.
ARTICLE IX
This compact shall continue in force and remain binding on each signatory State until the Legislature or the Governor of such State gives notice of withdrawal therefrom. Such notice of withdrawal shall not be effective until 6 months after said notice has been given to the Governor of each of the other signatory States.
In Witness Whereof, the States whose Governors have signed below have become parties to this compact.
12 December 1950.
.................................................
Thomas E. Dewey (Signed) [ SEAL ]
Governor of New York.
Attest: ........................................
Thomas J. Curran (Signed)
Secretary of State of the State of New York.
.................................................
Alfred E. Driscoll (Signed) [ SEAL ]
Governor of New Jersey.
By the Governor: ................................
Lloyd B. Marsh (Signed)
Secretary of State of the State of New Jersey.
Nothing contained in this act shall be construed as limiting, directly or indirectly, the power of the Governor to enter into interstate compacts or other agreements relating to mutual military aid and assistance in an emergency or impairing in any respect the force and effect thereof.
This act shall take effect immediately.
An Act concerning interstate civil defense and ratifying on behalf of the State of New Jersey a compact therefor.
(L.1951, c. 8. Approved March 27, 1951.)
The Legislature of this State hereby ratifies a compact on behalf of the State of New Jersey with any other State legally joining therein in the form substantially as follows:
Interstate Civil Defense and Disaster Compact
The contracting States solemnly agree:
ARTICLE I
The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
ARTICLE II
It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
ARTICLE III
Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
ARTICLE IV
Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.
ARTICLE V
No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
ARTICLE VI
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
ARTICLE VII
Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.
ARTICLE VIII
Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any 2 or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
ARTICLE IX
Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE X
This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term "State" may also include any neighboring foreign country or province or State thereof.
ARTICLE XI
The committee established pursuant to Article I of this compact may request the Civil Defense Agency of the United States Government to act as an informational and co-ordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.
ARTICLE XII
This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.
ARTICLE XIII
This compact shall continue in force and remain binding on each party State until the Legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.
ARTICLE XIV
This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
Duly authenticated copies of this act shall, upon its approval, be transmitted to the Governor of each State, to the President of the Senate of the United States, to the Speaker of the United States House of Representatives, to the Federal Civil Defense Administration, to the Secretary of State of the United States, and to the Council of State Governments.
Nothing contained in this act shall be construed as limiting, directly or indirectly, the power of the Governor to enter into interstate compacts or other agreements, relating to civil defense in an emergency, or impairing in any respect the force and effect thereof.
This act shall take effect immediately.
b. In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:
(1) searches for and rescue of persons who are lost, marooned, or otherwise in danger;
(2) action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters;
(3) incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger;
(4) the giving and receiving of aid by subdivisions of party states;
(5) exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with, or prevent any disaster or other emergency to which this compact applies.
c. Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party state, a subdivision of such state, or by a joint agency of any two or more party states or of their subdivisions. Any joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid pursuant to this compact, shall have the same rights, authority and immunity as personnel of party states.
d. Nothing in this article shall be construed to exclude from the coverage of Articles I through XIV of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby.
Emergency Management Assistance Compact
The contracting states solemnly agree:
ARTICLE I PURPOSE
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency due to resource shortages, community disorders, insurgency, or enemy attack.
This compact also shall provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating the performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, when such actions occur outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
ARTICLE II GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this Compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III PARTY STATE RESPONSIBILITIES
a. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, resource shortages, civil disorders, insurgency, or enemy attack.
b. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
c. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
d. Assist in warning communities adjacent to or crossing the state boundaries.
e. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
f. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
g. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
a. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
b. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
c. The specific place and time for staging of the assisting party's response and a point of contact at that location.
ARTICLE IV LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with its terms; except that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state or states, whichever is longer.
ARTICLE V LICENSES AND PERMITS
Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
ARTICLE VI LIABILITY
Officers or employees of a party state rendering aid to another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may include, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
ARTICLE VIII COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; except that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and furthermore, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE XI IMPLEMENTATION
This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
ARTICLE XII VALIDITY
This act shall be construed to effectuate the purposes stated in Article I of this compact. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and its applicability to other persons and circumstances shall not be affected.
ARTICLE XIII ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under Section 1385 of Title 18 of the United States Code.
This act, N.J.S.38A:21-1 et al., shall be known and may be cited as the "New Jersey Department of Veterans Affairs Act."
There is established in the Executive Branch of the State government a principal department which shall be known as the Department of Veterans Affairs.
As used in this act, N.J.S.38A:21-1 et al.:
"Commissioner" means the Commissioner of the Department of Veterans Affairs;
"Department" means the Department of Veterans Affairs established pursuant to this act; and
"Veteran" means any person who has served in any branch of the Armed Forces of the United States for at least 90 days, except that if the term "veteran" is defined differently in any other provision of this act, any other statute, or in any federal statute, that definition shall be applicable for the purposes of those statutes.
The administrator and head of the department shall be a commissioner, who shall be known as the Commissioner of the Department of Veterans Affairs and who shall be an honorably discharged veteran qualified by training and experience to perform the duties of the office. The commissioner shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. The entire time of the commissioner shall be devoted to the duties of the office and the commissioner shall receive such salary as shall be provided by law. Any vacancy occurring in the office of the commissioner shall be filled in the same manner as the original appointment.
The commissioner, as head of the department, shall have all of the functions, powers, and duties heretofore vested in the Administrator of Veterans Affairs of the Department of Military and Veterans' Affairs, previously designated in N.J.S.38A:3-2, and shall have, in addition, the functions, powers, and duties vested in the commissioner by this act, N.J.S.38A:21-1 et al., or by any other law, which are as follows:
a. Administer the work of the department;
b. Appoint and remove officers and other personnel employed within the department, subject to the provisions of Title 11A of the New Jersey Statutes and other applicable statutes, except as herein otherwise specifically provided;
c. Have authority to organize and maintain an administrative division and to assign to employment therein secretarial, clerical, and other assistants in the department's or the commissioner's office as the internal operations of the department may require, in accordance with Title 11A of the New Jersey Statutes;
d. Perform, exercise, and discharge the functions, powers, and duties of the department through such divisions as may be established by this act or otherwise by law;
e. Organize the work of the department in divisions, not inconsistent with the provisions of this act, and in bureaus and other organizational units as the commissioner may determine to be necessary for efficient and effective operation;
f. Adopt, issue, and promulgate, in the name of the department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this act or as may be authorized by law;
g. Formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the department, its officers, and its employees;
h. Institute, or cause to be instituted, legal proceedings or processes as may be necessary to properly enforce and give effect to any of the commissioner's powers or duties;
i. Coordinate the activities of the department, and the other divisions and agencies therein, in a manner designed to eliminate overlapping and duplicative functions;
j. Integrate within the department, so far as practicable, all staff services of the department and of the other divisions and agencies therein;
k. Have access to all relevant files and records of other State agencies and require any officer or employee therein to provide information as necessary to assist in performing the functions of the department, subject to any privacy laws;
l. Maintain suitable headquarters for the department and such other quarters as the commissioner shall deem necessary to the proper functioning of the department;
m. Encourage and facilitate the registration of each service member residing in New Jersey with the United States Department of Veterans Affairs or its successor agency. Registration shall take place, as appropriate, when the service member returns from deployment on federal active duty, or is discharged, or as soon as possible thereafter. The term "service member" shall mean members of the New Jersey National Guard and members of the United States Armed Forces, or a Reserve component thereof, when the information on each member is made available to the department;
n. Develop and coordinate a volunteer-based program comprised of former service members to assist and mentor veterans who become involved with the criminal justice system, while criminal proceedings are pending and afterward, with accessing assistance to resolve the underlying problems that led or contributed to the veteran's involvement with the criminal justice system, including, but not limited to, offering support and guidance, securing housing, employment linkages, job training, education, transportation, disability compensation claims, discharge status, health care, and other linkages available at the local, State, and federal level that can ease the challenge of reentry into civilian life. In addition, the commissioner shall develop a registry of volunteer mentors and make the registry available pursuant to P.L.2017, c.42 (C.2C:43-23 et al.);
o. Prepare and disseminate a directory of Veterans Diversion Resource Program entities currently available within New Jersey pursuant to P.L.2017, c.42 (C.2C:43-23 et al.);
p. Create a comprehensive public webpage for Gold Star family members that includes, but is not limited to, the following information: State benefits, State and county liaisons, a list of service members from New Jersey killed in action, links to other Gold Star family organizations, and such other information and resources as the commissioner deems necessary and beneficial to a Gold Star family member. A "Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption, of a member of the Armed Forces of the United States or the National Guard who died while on active duty for the United States;
q. Maintain a regional network of Veteran Service Offices to assist veterans and their dependents with information and guidance in filing claims and to assist with employment, education, burial, counseling, housing, social and medical services, and other areas of concern to veterans and their families, as well as provide advice and support to veterans re-entering civilian life;
r. Perform such other functions as may be prescribed in this act or by any other law;
s. Have the authority and endeavor to provide current information to veterans and their families on State and federal veterans’ programs and benefits via a mobile application that includes, but is not limited to, information regarding veterans’ legal rights, benefits, medical and insurance issues, education, housing, the transition from active to civilian life, and other support assistance and resources available to veterans and their families; and
t. Use the electronic notification provided pursuant to paragraph (11) of subsection b. of section 16 of P.L.2003, c.221 (C.26:8-24.1) to transmit information to a qualified veterans’ organization, as defined in subsection b. of section 2 of P.L.1983, c.385 (C.26:7-18.2), who may in turn contact the funeral home to request information as to whether those cremains have been claimed. In the event a funeral home advises that the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, have not been claimed, the funeral home may release the remains to the qualified veterans’ organization consistent with the requirements of subsection b. of section 2 of P.L.1983, c.385 (C.26:7-18.2) and section 2 of P.L.2009, c.14 (C.38A:3-2b4).
a. References in the following to the Adjutant General and the Department of Military and Veterans’ Affairs shall be deemed to mean and refer to the Commissioner of the Department of Veterans Affairs and the Department of Veterans Affairs:
R.S.38:20-3 concerning educational grants for war orphans;
section 2 of P.L.1999, c.276 (C.34:1B-176) concerning information for veterans on the assistance programs of the New Jersey Economic Development Authority;
section 44 of P.L.2003, c.79 (C.27:23-47) concerning the maintenance of the Vietnam Veterans' Memorial;
section 2 of P.L.1999, c.92 (C.54A:9-25.16) concerning the Korean Veterans' Memorial Fund;
section 3 of P.L.2003, c.105 (C.26:2H-94) concerning certain health care facilities;
section 2 of P.L.2005, c.59 (C.38A:3-2.5) concerning the World War II Memorial Commission;
P.L.1988, J.R. No. 20 concerning placards bearing the designation “Brigadier General William C. Doyle Veterans’ Memorial Cemetery;”
section 2 of P.L.1989, c.334 (C.18A:73-20.3) concerning collections by the New Jersey State Museum;
section 1 of P.L.2001, c.302 (C.18A:7C-4.1) concerning the "Operation Recognition" program;
section 16 of P.L.1974, c.30 (C.19:31-6.4) concerning voter registration forms; and
section 1 of P.L.1999, c.120 (C.27:1A-5.16) concerning the Blue Star Memorial Highway Council.
b. The veterans' loan authority, established pursuant to P.L.1944, c.126 (C.38:23B-1 et seq.), together with all its functions, powers, and duties, is transferred to the Department of Veterans Affairs.
The Veterans' Services Council, established pursuant to P.L.1948, c.448 (C.13:1B-20 et seq.), together with all its functions, powers, and duties, is transferred to the Department of Veterans Affairs.
c. References in section 4 of P.L.2001, c.246 (C.App.A:9-67) concerning the Domestic Security Preparedness Task Force and section 24 of P.L.2005, c.222 (C.26:13-24) concerning the State Public Health Emergency Claim Reimbursement Board to the Adjutant General of the Department of Military and Veterans’ Affairs shall be deemed to mean and refer to the Adjutant General of the Department of Military Affairs.
d. Whenever any statute shall refer to veterans' matters in the Department of Veterans Services and Defense, the same shall mean and refer to the Department of Veterans Affairs.
e. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Military and Veterans’ Affairs, the same shall mean and refer to the Department of Veterans Affairs.
The transfers made by this act, N.J.S.38A:21-1 et al., shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c. 375 (C.52:14D-1 et seq.).
The programs developed within the Department of Military and Veterans’ Affairs prior to the effective date of this act shall be continued and transferred to the Department of Veterans Affairs in accordance with, or as provided by, this act.
The councils and commissions, together with all their functions, powers, and duties, are continued and transferred from the Department of Military and Veterans’ Affairs to the Department of Veterans Affairs in accordance with, and as provided by, this act. This act shall not affect the terms of office of the members of the councils and commissions serving on the effective date.
The commissioner shall appoint at least one deputy commissioner who shall be designated to perform all of the powers, functions, and duties of the commissioner during the absence or disability of the commissioner, and who shall perform such other duties as are assigned by the commissioner. The deputy commissioner shall be an honorably discharged veteran qualified by training and experience to perform the duties of the office.
The Department of Veterans Affairs, through its regional network of Veteran Service Offices, shall establish a financial planning assistance program for disabled veterans and their caregivers. The purpose of the program shall be to assist disabled veterans and their caregivers with planning for the financial burdens that may arise when a veteran is disabled and needs assistance with daily care and activities including, but not limited to, bathing, dressing, meal preparation, assistance with mobility, housekeeping, shopping, and driving or transportation.
"Caregiver" means a spouse, parent, child, relative, or other person who is 18 years of age or older and who has the primary responsibility of providing daily care for the eligible veteran.
"Disabled veteran" means any citizen and resident of this State now or hereafter honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States, a Reserve component thereof, or the National Guard and who has been or shall be declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability.
The commissioner may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association, or individual, and may comply with the terms, conditions, and limitations thereof, for any purposes of the department. Any money so received may be expended by the department, subject to any limitations imposed in such grants, to effect any of the purposes of the department, as the case may be, upon warrant of the Director of the Division of Budget and Accounting in the Department of the Treasury on vouchers certified and approved by the commissioner. The power herein granted shall be in addition to, and shall in no way limit the authority granted to the commissioner by, this act, N.J.S.38A:21-1 et al., or any other existing law.
The department shall administer the following principal functions:
a. The supervision and operation of State veterans' memorial homes and cemeteries;
b. The supervision and operation of the liaison office and the field offices which serve the federal Veterans' Affairs Medical Centers;
c. The application for federal grants and programs;
d. The administration of federally funded training and rehabilitation programs; and
e. The provision of current information to the general public on State and federal veterans' programs and benefits.
Nothing in this section shall be construed as affecting or derogating from any provision of law giving functions, powers, and duties in these areas to other departments or agencies or as giving additional functions, powers, and duties to the commissioner or the department.
The Commissioner of the Department of Veterans Affairs shall determine whether any person seeking to be considered a "veteran" or a "disabled veteran" under N.J.S.11A:5-1, N.J.S.18A:66-2, section 6 of P.L.1954, c.84 (C.43:15A-6) or section 1 of P.L.1983, c.391 (C.43:16A-11.7), meets the criteria set forth therein and shall be considered a veteran or disabled veteran, as appropriate, for the purposes of these laws. The commissioner shall adjudicate an appeal from any person disputing the decision of the commissioner as to whether a person is to be considered a veteran or disabled veteran, as appropriate, for the purposes of these laws. The commissioner shall promptly notify the public entity responsible for administering each such law of the determination of the commissioner, and the determination shall be binding on such public entities.
The personnel of the Department of Veterans Affairs shall consist of the following classes of employees:
a. Classified civil service employees.
b. Unclassified civil service employees, who may be relieved, suspended, or discharged for good cause. Such personnel shall be administered as far as practicable under similar regulations as those applicable to classified civil service.
a. The department shall submit its annual budget request directly to the Governor and the State Treasurer.
b. The commissioner may demand and receive, for the services of the department, except for establishment of veteran status, such fees as the commissioner shall determine. The commissioner shall keep a true record and account of fees received on behalf of the department pursuant to this section and shall pay the same into the State Treasury in the manner prescribed by law.
The commissioner shall have an appropriate seal and have affixed an impression of the same to all certificates of record issued from the Department of Veterans Affairs. Copies of any books, records, papers, and documents in the Department of Veterans Affairs certified by the commissioner or other designated officer of the department, under seal of the Department of Veterans Affairs, shall be admitted as evidence in any court of the State, either civil or military, with the same force and effect as if the original had been produced.
The department, through its divisions, shall administer veteran:
a. administrative services;
b. loans, grants, and services; and
c. training, information, and referrals.
a. A director of a division in the department shall receive such salary as may be established by the commissioner with the approval of the Civil Service Commission and the Director of the Division of Budget and Accounting in the Department of the Treasury.
b. In the event that a director is appointed from persons holding positions in the career service of the State, the director shall retain, during tenure in such position, any rights or protections provided to that person by Title 11A, Civil Service, of the New Jersey Statutes or any pension law or retirement system.
The department, through its divisions, shall:
a. supervise and operate all New Jersey Veterans' Memorial Homes, including: the New Jersey Veterans' Memorial Home-Menlo Park; the New Jersey Veterans' Memorial Home-Vineland; and the New Jersey Veterans' Memorial Home-Paramus;
b. supervise and operate all New Jersey Veterans’ Memorial Cemeteries, including the New Jersey Veterans’ Memorial Cemetery in Arneytown; and
c. supervise and operate all veterans’ homeless shelter facilities owned by the State, including Veterans Haven North and Veterans Haven South.
Any division established or created by the commissioner shall be under the immediate supervision of a director who shall be qualified by training and experience to direct the work of the division. Preference shall be given to honorably discharged veterans qualified by training and experience to perform the duties of the division. The director shall be appointed by the commissioner and shall serve at the pleasure of the commissioner.
a. As a condition of employment as a direct care staff member at a New Jersey veterans’ memorial home, an applicant for employment shall consent to and undergo drug testing for controlled dangerous substances as provided in subsection f. of this section. The drug testing shall be at the expense of the applicant.
If a person applying for employment at a New Jersey veterans’ memorial home on or after April 16, 2020 tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.
b. A person who is employed at a New Jersey veterans’ memorial home as a direct care staff member shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the commissioner deems appropriate. The commissioner shall annually perform random drug tests on 100 direct care staff members.
c. A person who is employed at a New Jersey veterans’ memorial home as a direct care staff member may be required to undergo drug testing for controlled dangerous substances if the employee's immediate supervisor has reasonable suspicion to believe that the employee is illegally using a controlled dangerous substance, based on the employee's visible impairment or professional misconduct, which relates adversely to patient care or safety. The supervisor shall report this information to the immediate supervisor in a form and manner specified by the commissioner, and if the supervisor concurs that there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor shall notify the chief executive officer of the New Jersey veterans’ memorial home, or other executive level officer of the veterans’ memorial home designated by the commissioner, and request approval in writing for ordering the employee to undergo drug testing. Drug testing of an employee shall not be ordered without the written approval of the chief executive officer or other executive level officer designated by the commissioner.
d. An employee who tests positive for the unlawful use of any controlled dangerous substance may be referred to employee advisory services or terminated from employment, as applicable, based on the employee's job title. An employee who refuses to submit to drug testing shall be terminated from employment. In all cases, however, the employee shall retain any available right of review by the Civil Service Commission.
e. The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the Department of Veterans Affairs.
f. Drug testing shall be performed by an outside drug testing facility in a manner prescribed by the commissioner.
g. The commissioner shall notify all affected employees of New Jersey veterans’ memorial homes of the provisions of this section.
h. As used in this section, "direct care staff member" means a: Human Services Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech therapist; social worker; and any other staff member employed by a veterans’ memorial home who provides direct care to a resident at the facility, as determined by the commissioner.
i. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to effectuate the purposes of this section, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.
The department shall establish a program to oversee the transfer of the remains of veterans from paupers' or potters' cemeteries to the Brigadier General William C. Doyle Veterans' Memorial Cemetery at the request of the veterans' next-of-kin, friends, or fellow veterans. This service shall be provided without cost to the requester. As part of this program, the department shall also inform the general public that this service is available and explain the procedure for requesting that the remains be transferred to the Brigadier General William C. Doyle Veterans' Memorial Cemetery.
a. A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall grant a qualified veterans' organization, as defined in subsection b. of section 2 of P.L.1983, c.385 (C.26:7-18.2), the right to receive the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the satisfaction of the Commissioner of Health, that a diligent effort, as defined in subsection a. of section 2 of P.L.1983, c.385 (C.26:7-18.2), has been made to identify, locate, and notify a relative or friend of the deceased within that one-year period, as provided under section 2 of P.L.1983, c.385 (C.26:7-18.2).
A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated Brigadier General William C. Doyle Veterans' Memorial Cemetery, a State-operated veterans' memorial cemetery, a national veterans' memorial cemetery, or a local veterans’ memorial cemetery, if the individual is eligible for interment at those facilities.
b. A funeral home or mortuary, or an agent of the funeral home or mortuary, a funeral director, or a qualified veterans' organization shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct.
The department, through its divisions, shall:
a. administer the Blind Veterans' Allowance Program established pursuant to R.S.38:18-1 et seq.;
b. administer the Paraplegic and Hemiplegic Allowance Program established pursuant to P.L.1947, c.263 (C.38:18A-1 et seq.);
c. maintain a continuous liaison with the Association of Blind Veterans and other similar State and national veterans' associations and organizations;
d. provide all necessary assistance to the Agent Orange Commission upon request;
e. administer the veterans' loan authority established pursuant to P.L.1944, c.126 (C.38:23B-1 et seq.);
f. supervise and operate the liaison and field offices which serve the federal Veterans' Administration Centers at Lyons and East Orange;
g. compete for all grants, private and federal, that would fund programs to benefit the State's veterans and their dependents; and
h. administer State tuition assistance programs for veterans and their dependents established pursuant to the provisions of chapter 71 of Title 18A of the New Jersey Statutes.
The department, through its divisions, shall:
a. administer the operations of the Vietnam Veterans' Outreach Program;
b. administer all federal and State training and rehabilitation programs not administered by other State departments;
c. provide current information to the general public on federal and State veterans' programs and benefits; and
d. provide a continuous liaison between the department, the Department of Education, and the Office of the Secretary of Higher Education to insure that veterans or their dependents seeking to apply for educational programs for veterans or their dependents are referred to the appropriate State office and provided with the information, forms, and assistance necessary to apply for those programs.
a. There is created in the Department of Veterans Affairs the Commission on Women Veterans. The commission shall work in collaboration with other State agencies and appropriate groups to study and review the needs, priorities, programs, and policies relating to women veterans, including, but not limited to, housing, health care, job training, and outreach. The commission shall ensure that all service providers and citizens are aware of the needs and services available to women veterans and make recommendations for community education and training programs. The commission shall provide outreach in conjunction with the Department of Veterans Affairs and other organizations to educate and recruit prospective veterans.
b. The commission shall consist of 15 members who are New Jersey residents. The Governor shall appoint 12 members and, of the 12 appointed, nine shall be women. There shall be appointed one representative from each of the following branches of military service who may also be affiliated with an organization named below: the Army, the Air Force, the Coast Guard, the Marines, and the Navy. There shall also be appointed by the Governor: one representative from the Veterans of Foreign Wars, one representative from the American Legion, one representative from the Disabled American Veterans, one representative from the American Veterans, one representative from the New Jersey Army National Guard, one representative from the New Jersey Air National Guard, and one representative from the Military Order of the Purple Heart. The Commissioner of the Department of Veterans Affairs, the Commissioner of Labor and Workforce Development, and the Director of the Division on Women in the Department of Children and Families, or their respective designees, shall serve as ex-officio members.
c. The public members shall serve for terms of three years and until the appointment and qualification of their successors, except that of the initial appointment of public members, four shall be appointed for a term of three years, four shall be appointed for a term of two years, and four shall be appointed for a term of one year.
If any public member discontinues affiliation with the respective veterans' organization, the member shall immediately resign membership with the commission.
Any vacancy in the membership of the commission shall be filled in the same manner as the original appointments are made.
d. The members of the commission shall serve without compensation, but may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.
e. The commission shall organize as soon as may be practicable after the appointment of a majority of its members and shall select from among its members a chairperson and a vice chairperson, who shall be responsible for the coordination of all activities of the commission. The members shall select a secretary, who need not be a member of the commission.
f. The commission shall meet at the call of the chairperson and hold hearings at such places as it shall designate. A meeting of the commission may also be called upon the request of eight of the commission members, and eight members of the commission shall constitute a quorum at any meeting thereof. The commission shall meet not less than quarterly.
g. The commission may conduct public hearings at such places and at such times as it shall designate, at which it may solicit the testimony of interested persons, groups, and the general public.
h. The commission shall be entitled to call to its assistance and avail itself of the services of such employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes. The Department of Veterans Affairs shall provide such organizational and personnel support as the commission may request.
i. The commission shall prepare and submit an initial report to the Governor, the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the Commissioner of the Department of Veterans Affairs.
j. The commission shall prepare and submit annual reports containing its findings, activities, and recommendations, including any recommendations for administrative and legislative action that it deems appropriate, to the Governor, the Legislature, and the Commissioner of the Department of Veterans Affairs.
The commission shall periodically advise the Commissioner of the Department of Veterans Affairs on its activities, findings, and recommendations.
a. The Department of Veterans Affairs shall create and maintain a registry of all organizations that provide services to military veterans. The registry shall be prominently displayed, and organized topically, on a public webpage of the department to provide a comprehensive listing of organizations with services addressing the needs of veterans. The department shall actively seek out organizations to include on the registry, and organizations may also voluntarily submit requests to be included on the registry.
The department shall conduct a review of any organization prior to the organization's inclusion on the registry and the department may, in its discretion, refuse to include an organization on the registry or remove an organization from the registry if the department determines that the organization's services do not reflect the purpose of the registry. Inclusion on the registry shall not be construed to be an endorsement of an organization by the department or State.
b. As used in this section, "organizations that provide services to veterans" includes any organization, not for profit or otherwise, exclusively providing services to veterans or primarily providing services to veterans or any organization that provides services to a variety of recipients including veterans.
a. There is created within the Department of Veterans Affairs two advisory councils to be known as Veterans Haven North Council and Veterans Haven South Council. The Veterans Haven North Council shall represent the northern facility and the Veterans Haven South Council shall represent the southern facility. The two councils shall have joint meetings no less than once each calendar year.
Each council shall consist of eight members, at least five of whom shall be veterans, and shall include no less than two women. A Deputy Commissioner of the Department of Veterans Affairs, or a designee, shall serve as a nonvoting ex-officio member on each council. Each member shall be appointed by the commissioner. The term of each council member shall be three years, except that, of the first appointments, two shall be for a term of one year, two for a term of two years, and three for a term of three years. At no time shall a member be allowed to serve more than two terms in the aggregate or on both councils at the same time.
b. The members of each council shall nominate a chairperson by majority vote of the members, and four members shall constitute a majority. The chairperson of each council shall be its presiding officer and shall serve until a successor has been nominated by the council.
c. Any vacancy shall be filled for the unexpired term only. Members of the council shall be subject to removal by the commissioner at any time for good and sufficient cause.
d. The members of the council shall receive no compensation for their services, but shall be reimbursed for actual expenditures incurred in the performance of their duties within the limits of funds appropriated or otherwise made available for this purpose.
Under general policies established by the commissioner, each Veterans Haven council shall:
a. formulate comprehensive policies for the coordination of all services for the benefit of veterans housed at the Veterans Haven facilities;
b. consult with and advise the Deputy Commissioner of the Department of Veterans Affairs and the Director of Veterans' Services with respect to the work of each Veterans Haven facility;
c. recommend standards and procedures for application and termination of eligibility for admission to each Veterans Haven facility; and
d. recommend standards of care, treatment, and discipline governing the relationship between each Veterans Haven facility and the persons admitted thereto.
The Department of Veterans Affairs shall establish a program to provide assistance to qualified veterans in in-patient and out-patient treatment programs with travel to attend medical counseling appointments for service-connected conditions approved and authorized by the United States Department of Veterans Affairs within this State.
The department shall:
a. develop, in cooperation with the New Jersey Transit Corporation and the United States Department of Veterans Affairs, a program to provide reimbursement, subject to available State or federal funding, to qualified veterans who spend their own funds to travel on public transportation to and from medical counseling appointments for service-connected conditions within the State using any motor bus or rail passenger service conducted by the corporation when the veteran is not otherwise eligible for payment for travel or reimbursement by means of any existing State or federal program;
b. develop, in cooperation with the United States Department of Veterans Affairs, a program to provide reimbursement to qualified veterans who spend their own funds to travel using private transportation to and from medical counseling appointments for service-connected conditions within the State by reimbursing on a per mile basis their operation of a privately owned conveyance when that veteran is not otherwise eligible for payment for travel or reimbursement by means of any existing State or federal program, provided that the qualified veteran shall not use a for-hire private entity that charges for transportation unless such transportation is necessary for the qualified veteran due to a service-connected injury or disability for which the veteran has a certified rating provided by the United States Department of Veterans Affairs which prevents or hinders his or her ability to operate a privately owned conveyance;
c. develop, in coordination with the United States Department of Veterans Affairs, a system for monitoring veterans who have applied for reimbursement;
d. notify the general public and eligible veterans that the program established by this section is available to qualified veterans; and
e. adopt such rules and regulations as may be necessary to effectuate the purposes of this section.
a. The Department of Veterans Affairs, in consultation with the Division of Travel and Tourism in the Department of State and the New Jersey Historical Commission, shall develop and maintain a website providing information detailing war battles fought and places of historic significance to the military or war efforts in New Jersey. The website shall: (1) specify the date and location, and describe the importance, of each battle that took place on lands within the State or in State waters and (2) identify, and describe the importance of, locations within the State or in State waters that are, or have been, significant to the military or war efforts, such as those locations used for military operations or training or those locations which house, berth, or preserve historic military equipment, vehicles, or vessels, including battleships, fighter planes, and tanks. The information on the website shall be available as a list and in an online tour format, and shall include, but need not be limited to, information pertaining to battles fought and places that are of historic significance to military actions or war efforts undertaken during the Revolutionary War, the War of 1812, the Mexican-American War, the Civil War, the Spanish-American War, World War I, World War II, the Korean War, and the Vietnam War.
b. The department shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, authority, board, bureau, commission, agency, or entity, or of Rutgers, The State University or any other public institution of higher education in the State, as it may require and as may be available to it for the purpose of carrying out its duties under this act, N.J.S.38A:21-1 et al.
a. There is hereby established in the Department of Veterans Affairs the New Jersey Commission on Veterans Benefits, consisting of 13 members as follows:
(1) the Commissioner of the Department of Veterans Affairs, or their designee, who shall serve as chairperson;
(2) the Commissioner of the Department of Human Services, or a designee;
(3) the Commissioner of the Department of Health, or a designee;
(4) the Commissioner of the Department of Community Affairs, or a designee;
(5) the Commissioner of the Department of Education, or a designee;
(6) the Commissioner of the Department of Labor and Workforce Development, or a designee;
(7) the Secretary of State, or a designee;
(8) the Attorney General, or a designee; and
(9) five public members who are residents of this State and who are veterans, as defined under N.J.S.38A:21-3, one to be appointed by the Governor and four to be appointed one each by the President of the Senate, the Senate Minority Leader, the Speaker of the General Assembly, and the Assembly Minority Leader. At least two of the five public members shall be women veterans.
The public members of the commission shall serve for terms of three years and until the appointment and qualification of their successors, except that of the initial appointment of public members, three shall be appointed for a term of three years, and two shall be appointed for a term of two years. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointments are made.
b. The commission shall organize as soon as practicable after the appointment of a majority of its members and shall select from among its members a chairperson. The members shall select a secretary, who need not be a member of the commission. Thereafter, the commission shall meet quarterly and at the call of the chairperson. A meeting of the commission may also be called upon at the request of seven of the commission members, and seven members of the commission shall constitute a quorum at any meeting thereof. The commission may conduct public hearings at such places and at such times as it shall designate, at which it may solicit the testimony of interested persons, groups, and the general public.
c. The commission shall be entitled to call to its assistance and avail itself of the services of employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes. The Department of Veterans Affairs shall provide such organizational and personnel support as the commission may request. All departments and agencies of the State shall furnish such advice and information, documentation, and assistance to the commission as is deemed necessary or desirable by the commission to facilitate its purposes.
d. The members of the commission shall serve without compensation, but the public members may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to it for its purposes.
a. It shall be the duty of the New Jersey Commission on Veterans Benefits to develop, maintain, and annually update a five-year Statewide veterans' benefits strategic plan that includes goals and measurable outcomes to ensure that all State departments and agencies are effectively delivering comprehensive services and support for veterans and their families in this State.
b. In developing and updating the strategic plan, the commission shall conduct an analysis to identify the various programs and benefits provided by the State to the veteran population and to evaluate those programs to assess their status and effectiveness. Areas of analysis shall include, but need not be limited to, each existing program's status, successes, and challenges in addressing the veteran population's: (1) access to benefits; (2) educational, job skills, employment, and business opportunities; (3) physical and behavioral health and long-term healthcare options; (4) criminal justice issues; (5) housing opportunities and homelessness; and (6) special needs as determined by the commission. The strategic plan shall be based upon comprehensive data gained through open and transparent engagement with State departments and agencies and veterans' stakeholders.
c. The commission shall develop recommendations to be submitted to the Governor and the Legislature to address any deficiencies in the provision of benefits and services to veterans in this State. The recommendations shall specifically address whether the existing State programs, services, and resources are adequate to meet the veteran population's existing needs; are being used to fulfill objectives in a manner that complements and leverages State, federal, and private resources; and how they may more effectively deliver veteran services to all current and future veterans in the State of New Jersey.
d. The commission shall prepare and submit an initial five-year strategic plan to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). Thereafter, the commission shall prepare and submit annual reports to the Governor and the Legislature containing its findings, activities, and recommendations, including any recommendations for administrative and legislative action that it deems appropriate.
a. All former service members of the Armed Forces who were separated from the service with a general or other than honorable discharge due solely to their sexual orientation, or gender identity or expression, may request that the Department of Veterans Affairs assist them to have the designation on the discharge changed and recorded as honorable.
b. The Department of Veterans Affairs shall:
(1) create, publish, and distribute material to all public agencies of the availability of the assistance; and
(2) create a consistent and uniform process to assist a former service member with the appropriate and necessary forms and conditions prescribed by federal law so that service member may petition the United States Department of Veterans Affairs, or its successor agency, to change the designation on the discharge to honorable.
At no time shall a fee be charged to a former service member for seeking assistance to have the designation on the discharge changed to honorable.
c. A former service member who has the designation of discharge changed to honorable shall be afforded the same rights, privileges, and benefits authorized by State law to service members who were honorably discharged.
d. Information related to the change in the designation of a discharge, including, but not limited to, a request for assistance, shall be confidential and not accessible to the public as a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).
e. The commissioner shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this section.
b. The salary of the Veteran Advocate shall not be less than $150,000 per year.
c. The term of office of the Veteran Advocate shall be five years, but the Veteran Advocate shall serve until the appointment and qualification of the successor. No person shall be appointed as Veteran Advocate for more than two full terms. The Veteran Advocate may appoint, subject to appropriation, such other personnel as the Veteran Advocate deems necessary for the efficient management of the office.
d. The entire professional time of the Veteran Advocate shall be devoted to the duties of the position. A vacancy occurring in the position of Veteran Advocate shall be filled in the same manner as the original appointment, except that if the Veteran Advocate dies, resigns, or is removed from office, the Governor shall appoint an acting Veteran Advocate who shall serve until the appointment and qualification of the successor.
The Veteran Advocate may be removed from office for cause by the Governor. Such cause may include, but is not limited to, substantial neglect of duty, gross misconduct, or conviction of a crime.
(1) administer the work of the Office of the Veteran Advocate;
(2) appoint and remove such legal counsel, officers, investigators, stenographic, and clerical assistants, and other personnel, in the career or unclassified service, as may be required for the conduct of the office, subject to the provisions of Title 11A of the New Jersey Statutes, and other applicable statutes and federal regulations, except as provided otherwise herein;
(3) formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the office, its officers, and employees, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.);
(4) institute or cause to be instituted such legal proceedings or processes consistent with the provisions of this act and the Rules Governing the Courts of New Jersey as may be necessary to properly enforce and give effect to any of the powers or duties of the Veteran Advocate, except that in any matter where the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate;
(5) ensure that veterans in the care of or receiving services under the supervision of the department receive treatment in accordance with the applicable State and federal statutes and regulations at all times, with full respect for the veterans’ personal dignity and right to privacy, regardless of whether or not the veteran resides in a veterans’ facility, as defined by section 4 of P.L.2025, c.172 (C.38A:21A-4);
(6) ensure that veterans in the care of or receiving services under the supervision of the department receive timely, safe, and effective services, as outlined in the applicable State and federal statutes and regulations, regardless of whether or not the veteran resides in a veterans’ facility, as defined by section 4 of P.L.2025, c.172 (C.38A:21A-4);
(7) aid and coordinate with local veterans service officers to ensure veterans receive all available State and federal benefits;
(8) examine, on a system-wide basis, the care and services that the department provides veterans;
(9) advise the public and those at the highest levels of State government about how the department may improve its services to and for veterans and their families;
(10) develop internal procedures appropriate for the effective performance of the office’s duties;
(11) act as a liaison to the department to ensure each veteran receives the necessary services and care mandated by the applicable State and federal statutes and regulations;
(12) provide input to the department in developing procedures for the executive agencies to best serve the veteran community;
(13) act as a liaison to the United States Department of Veterans Affairs and all other relevant federal agencies to advocate on behalf of the veterans of the State;
(14) investigate incidents where a veteran suffered a fatality, near fatality, or serious bodily or emotional injury while receiving services from the department, or circumstances which result in a reasonable belief that the department failed in its duty to care for a veteran and, as a result, the veteran was at imminent risk of, or suffered serious bodily or emotional injury or death;
(15) commence formal investigations on specific matters related to services provided by the department for which subpoenas, pursuant to subsection b. of this section, may be issued; and
(16) meet regularly, as it may determine, with veteran advocacy groups.
b. Except as provided in subsection f. of this section, the Veteran Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the formal investigation of the office pursuant to subparagraphs (14) and (15) of subsection a. of this section. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Veteran Advocate may apply to the Superior Court, in accordance with the Rules Governing the Courts of the State of New Jersey, to order the person to appear and give testimony or produce the books, papers, or other documents, as applicable.
c. The Veteran Advocate shall disseminate information to the public on the objectives of the office, the services provided by the office, and the methods by which the office may be contacted.
d. The Veteran Advocate shall assist the Governor in proposing methods of achieving increased coordination and collaboration with the department to ensure maximum effectiveness and efficiency in the provision of services to veterans.
e. As used in this act, P.L.2025, c.172 (C.38A:21A-1 et al.), “State agency” means any principal department, division, board, bureau, office, commission, or other instrumentality within the Executive Branch of the State Government or created by a principal department; the Legislature of the State, any office, board, bureau, or commission within or created by the Legislative Branch; to the extent consistent with law, any interstate agency to which New Jersey is a party, any independent State authority, commission, instrumentality, or agency; and any political subdivision of the State. “Veteran” means any resident of the State now or hereafter who has been discharged honorably or under general honorable conditions in any branch of the Armed Forces of the United States, or a Reserve component thereof, including members of the National Guard who served on federal active duty.
f. The Veteran Advocate shall not institute or cause to be instituted any legal proceeding against, nor shall it issue any subpoena to, any State agency, except that the Veteran Advocate may institute a legal proceeding against the department for which the allegations are supported by probable cause, provided that in any matter in which the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate. Such legal proceedings shall be governed by the Rules of Court, including, but not limited to, for the production of any documentary evidence, interrogatories, and depositions. Nothing in this act, P.L.2025, c.172 (C.38A:21A-1 et al.) shall be construed as an express or implied waiver of any privileges or immunities.
g. The Veteran Advocate shall not be subject to suit by any party whose interests are represented by the Veteran Advocate. Any person whose interests would be represented by the Veteran Advocate may decline to have their interests represented by the Veteran Advocate.
(1) inspect and review the operations, policies, and procedures of veterans’ facilities operated by the department;
(2) investigate, review, monitor, or evaluate department response to, or disposition of, an allegation of veteran abuse or neglect occurring within a veterans’ facility in this State;
(3) review, evaluate, report on, and make recommendations concerning the procedures established by the department;
(4) hold a public hearing on the subject of studies underway by the office and receive testimony from agency and program representatives, the public, and other interested parties, as the Veteran Advocate deems appropriate; and
(5) establish and maintain a 24-hour, toll-free telephone hotline to receive and respond to calls from members of the public referring individual and systemic concerns to the Veteran Advocate.
b. In exercising the authority provided in subsection a. of this section, the Veteran Advocate may conduct unannounced site visits to any institution or facility under the supervision of the department, if the Veteran Advocate, prior to conducting an unannounced site visit, has initiated a project or investigation into the response or disposition of an allegation of abuse or neglect and there is a reasonable basis to believe that an unannounced site visit is necessary to carry out the Veteran Advocate’s responsibilities under this act, P.L.2025, c.172 (C.38A:21A-1 et al.), provided, however, that any unannounced site visit shall be conducted at a reasonable time and in a reasonable manner.
c. In exercising the authority provided under subsection a. of this section and section 5 of P.L.2025, c.172 (C.38A:21A-5) the Veteran Advocate may, as appropriate, consult with any appropriate State, county, or municipal agency, or a State-funded private entity providing services to veterans, and may request from any such entity, and the entity is hereby authorized and directed to provide, such cooperation and assistance as will enable the Office of the Veteran Advocate to properly perform its responsibilities under this act.
d. Notwithstanding the provisions of section 11 of P.L.1944, c.20 (C.52:17A-11) to the contrary, the Veteran Advocate may hire independent counsel on a case-by-case basis to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors.
e. As used in this section, “veterans’ facility” means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the department, including Veterans Haven North and Veterans Haven South.
The Veteran Advocate shall review, monitor, and report on the performance of State entities and State-funded private entities charged with the care and supervision of veterans by conducting research audits or other studies of case records, policies, procedures, and protocols, as deemed necessary by the Veteran Advocate to assess the performance of the entities.
b. Within 30 days of the receipt of the Veteran Advocate’s findings and recommendations, the department shall develop a corrective action response that addresses the findings and recommendations of the Veteran Advocate and specifies what actions, if any, the department will take in response to the systemic problem identified by the Veteran Advocate, which response may be developed in conjunction with the Veteran Advocate. The corrective actions shall not conflict with or violate any State or federal statute or regulation or court order. If the department does not agree with the assessments made in the Veteran Advocate’s findings and recommendations, the department may challenge the assessments within 30 days of the receipt of the findings and recommendations. The challenge made by the department shall be available to the public.
c. The department shall submit its corrective action response to the head of the department and simultaneously provide a copy to the Veteran Advocate.
d. The Veteran Advocate shall monitor the department’s implementation of its corrective action response. The department shall provide the Veteran Advocate with periodic reports on the status of the actions taken by the facility pursuant to its corrective action response. The Veteran Advocate shall monitor the department’s implementation of its corrective action response for a period of one year, during which time the department shall provide the Veteran Advocate with periodic reports, except that the Veteran Advocate may determine that the monitoring and periodic reports are required for a period of less than one year. The department’s obligation to provide periodic reports on the implementation of its corrective action response may exceed a period of one year if the Veteran Advocate and the department jointly agree that an extended reporting period is appropriate. The Veteran Advocate and the department shall jointly develop criteria for the department to meet within one year, or another time period as appropriate, in order for the department to no longer be subject to monitoring by the Veteran Advocate. The criteria shall not conflict with or violate State or federal statute or regulation or court order.
e. The Veteran Advocate shall promulgate rules and regulations regarding a timeline for implementation of a corrective action response by the department at a facility and regarding actions the Veteran Advocate may take if the department fails to implement the corrective action response.
f. A department shall make public the corrective action responses and periodic status reports required by this section.
(1) intervene in or institute litigation, including appearing in the capacity of an amicus curiae, as appropriate, on any matters within the jurisdiction of the Veteran Advocate set forth in P.L.2025, c.172 (C.38A:21A-1 et al.), and consistent with the provisions thereof, including, but not limited to, section 3 thereof, or
(2) intervene in or institute administrative proceedings before the department, assert the broad public interest of the State in the welfare of veterans, and protect and promote the rights of veterans. In taking such actions, the Veteran Advocate shall consider whether a veteran may be in need of assistance from the Veteran Advocate or whether there is a systemic issue in the department’s provision of services to veterans that should be addressed. The Veteran Advocate shall make a good faith effort to resolve issues or problems and shall have the authority to commence negotiations, mediation, or alternative dispute resolution in its advocacy efforts prior to, or in lieu of, the initiation of any action brought pursuant to this section. The Veteran Advocate shall not have the authority to negotiate, mediate, or commence any other dispute resolution in matters when such engagement would conflict with any applicable collective bargaining agreements, State contracts, or any State or federal law or court order.
b. The Veteran Advocate shall have discretion to decide whether to intervene in any particular matter within the jurisdiction of the Veteran Advocate set forth in P.L.2025, c.172 (C.38A:21A-1 et al.), or to represent or refrain from representing the public interest in a proceeding pursuant to subsection a. of this section. The Veteran Advocate shall consider, in exercising the Veteran Advocate’s discretion, the resources available, the importance and extent of the public interest involved, and whether that interest would be adequately represented without the action of the office.
b. If court approval is sought, the court, in reviewing an application for approval, shall consider the investigative needs of the Veteran Advocate. Upon consideration of the factors in this subsection, the court may order any alternative methods for obtaining the required information.
b. The Veteran Advocate shall not disclose:
(1) any information that would likely endanger the life, safety, or physical or emotional well-being of a veteran, or the life or safety of a person who filed a complaint or a department employee, or which may compromise the integrity of a State or county department or agency investigation, civil or criminal investigation, or judicial or administrative proceeding; and
(2) the name of or any other information identifying the person who filed a complaint with, or otherwise provided information to, the office without the written consent of that person. The information subject to the provisions of this subsection shall not be considered a public record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
c. The Veteran Advocate shall not disclose any information that may be deemed confidential by State or federal law or by a court order.
b. Any monies obtained by the Veteran Advocate pursuant to any action brought by the Veteran Advocate pursuant to the provisions of this act, which monies are not for distribution to any claimant or other party or person whose interests are being represented by the Veteran Advocate, shall be deposited into the General Fund.
a. The department shall organize and administer a program of voluntary commitments by employers throughout the State to participate in a plan of veterans' preference in private employment and reemployment.
b. The plan of veterans' preference in private employment shall provide for the fixing of a quota of veterans by the commissioner for all participating employers, but may not require any employed worker to be discharged. The plan shall also provide for the classification of disabled veterans in occupations for which they would not be handicapped and for first preference in such occupations for such disabled veterans.
c. In the organization and administration of the employment quota preference plan, the commissioner, through appropriate federal, State, and local agencies, shall:
Enroll employers who voluntarily commit themselves to the plan and certify the right of such employers to approved forms of public recognition;
Register veterans desiring employment, according to their occupational experience and capacities;
Register labor unions which are willing to participate through appropriate adjustment of their membership and other requirements and certify the right of such unions to approved forms of public recognition;
Receive requests for workers from all participating employers; and
Either refer qualified veterans, with preference to the disabled, in response to such requisitions or certify that veterans are not available.
The department shall review and approve or disapprove all policies and work programs of State departments, agencies, and instrumentalities relating to veterans' welfare, services, or activities. No such activity or work program shall be undertaken or continued after disapproval by the department without specific authorization from the Governor.
a. Any dependent of a prisoner of war or a person missing in action, upon being accepted to pursue a course of undergraduate study in any private institution of higher education in this State or in any public institution of higher education of this State as enumerated in N.J.S.18A:62-1, shall be allowed to obtain a bachelor's degree, or certificate of completion, for so long as he is eligible, free of tuition. Once a person qualifies as a dependent under this section, there shall be no situation such as the return of the parent or the reported death of the parent that will terminate the eligibility of the dependent to receive the benefits under this section.
b. As used in this section:
"Dependent" means any child born before, during, or after the period of time the child's parent was a prisoner of war or a person missing in action, or any child legally adopted or in the legal custody of the parent prior to, during, or after the time the parent was a prisoner of war or a person missing in action.
"Prisoner of war" and "person missing in action" means any person who was a resident of this State at the time he or she entered service in the United States Armed Forces, or whose official residence is within this State, and who, while serving in said United States Armed Forces, has been declared to be a prisoner of war, or to be a person missing in action as established by the Secretary of Defense after January 1, 1960.
a. As used in this section:
"Approved course of study" means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is accepted for Veteran's Educational Assistance pursuant to federal law.
"Approved educational institution" means (1) any academic, professional, or vocational school operating within this State; (2) any graduate level school operating within the United States; or (3) any academic, professional, or vocational school operating outside of this State, provided that the institution shall have made a prior written agreement to accept the tuition credit and reimbursement provided for in this section and provided, further, that no more than 20% of the eligible veterans under subparagraphs (2) and (3) of this paragraph shall attend an approved educational institution operating outside of this State. To qualify as an "approved educational institution" under this section, an institution shall have been approved for Veteran's Educational Assistance pursuant to federal law.
"Eligible veteran" means any veteran of the Armed Forces of the United States residing in New Jersey who is or was eligible for Veteran's Educational Assistance pursuant to federal law and who (1) was domiciled in New Jersey at the time of induction into the Armed Forces or (2) has been domiciled in New Jersey for a period of not less than 12 consecutive months prior to the date of application, exclusive of any time spent on active duty.
b. For the purposes of this section:
An institutional trade or technical course offered at a nonaccredited school on a clock-hour basis involving shop practice as an integral part thereof shall be considered a full-time course when a minimum of 30 hours per week of attendance is required with no more than two and one-half hours of rest periods per week and no more than three hours of supervised study per week allowed;
An institutional course offered at a nonaccredited school on a clock-hour basis in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 25 hours per week net of instruction, which may include customary intervals not to exceed 10 minutes between hours of instruction, is required and no more than three hours of supervised study per week is allowed;
An institutional trade or technical course offered at an accredited school on a clock-hour basis which leads to a standard trade or technical degree and involves shop practice as an integral part thereof shall be considered a full-time course when a minimum of 22 hours per week of attendance is required with no more than two and one-half hours of rest periods per week and no more than three hours of supervised study per week allowed;
An institutional course offered at an accredited school on a clock-hour basis which leads to a standard trade or technical degree in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 18 hours per week of instruction, which may include customary intervals not to exceed 10 minutes between hours of instruction, is required and no more than two and one-half hours of supervised study is allowed;
An academic high school course requiring 16 units for a full course shall be considered a full-time course when a minimum of four units per year is required, with a unit defined to be not less than 120 60-minute hours or their equivalent of study in any subject in one academic year; and
An institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of 14 semester hours or the equivalent thereof, for which credit is granted toward a standard college degree, including those for which no credit is granted but which are required to be taken to correct an educational deficiency, is required, except that when the college or university certifies, upon the request of the department, that (1) full-time tuition is charged to all undergraduate students carrying a minimum of less than 14 semester hours or the equivalent thereof or (2) all undergraduate students carrying a minimum of less than 14 semester hours or the equivalent thereof are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by the college or university with the minimum number of semester hours shall be considered a full-time course. In the event the minimum number of semester hours is less than 12 semester hours or the equivalent thereof, less than 12 semester hours or the equivalent thereof shall be considered a full-time course.
Each eligible veteran may select an approved course of study at any approved educational institution selected by the veteran, which will accept and retain the veteran as a student or trainee in any field or branch of knowledge which the institution finds him or her qualified to undertake or pursue.
c. Any eligible veteran who desires tuition credit pursuant to this section, within eight years from the date of (a) separation from active duty or (b) March 3, 1976, whichever is later, shall submit an application to the Department of Veterans Affairs which shall be in a form and contain information as the department shall prescribe. The department shall approve the application unless it finds that the veteran is ineligible for or not entitled to tuition credit, that the veteran's course of study is not approved pursuant to this section, or that the veteran has already been approved. The department shall notify the veteran and the veteran's selected educational institution of the approval of the application.
d. Each eligible veteran shall be entitled to tuition credit pursuant to this section in accordance with the following schedule:
(1) For a period of one semester, or the equivalent thereof in part-time tuition credit, in the case of educational institutions regularly operated on the semester system, for each three months or fraction thereof of the veteran's service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during such period of time, the veteran shall be entitled to tuition credit pursuant to this section for a period of eight semesters or the equivalent thereof in part-time tuition credit. The maximum credit hereunder shall be for a period of eight semesters;
(2) For a period of one-quarter, or the equivalent thereof in part-time tuition credit, in the case of educational institutions regularly operated on the quarter system, for each two months or fraction thereof of the veteran's service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during that period of time, the veteran shall be entitled to tuition credit pursuant to this section for a period of 12 quarters. The maximum credit hereunder shall be for a period of 12 quarters; or
(3) For a period of one and one-half months of any tuition period, or the equivalent thereof in part-time tuition credit, in the case of educational institutions not operated on the quarter or semester system, for each month or fraction thereof of the veteran's service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during that period of time, the veteran shall be entitled to tuition credit pursuant to this section for 36 months of tuition credit or the equivalent thereof in part-time tuition credit. The maximum credit hereunder shall be for a period of 36 months.
e. If an eligible veteran shall change the veteran's program of study from an educational institution regularly operated on the quarter or semester system, or otherwise, to an educational institution regularly operated on a different system, the remainder of the credit shall accordingly be redistributed by the department in such manner as to carry out the intent of this section.
f. Benefits hereunder shall be in the form of tuition credits limited by the lesser of full tuition or for:
(1) educational institutions regularly operated on the semester system, $200 per semester.
(2) educational institutions regularly operated on the quarter system, $100 per quarter.
(3) educational institutions not regularly operated on the semester or quarter system, $400 per full school year prorated on an equal basis as the Department of Veterans Affairs shall determine.
For veterans pursuing a program of part-time education, the tuition credit shall be in such amounts as the department shall determine. These veterans shall be eligible to receive awards during summer terms, provided that the total award during the period from September 1 to August 31 of any academic year does not exceed the amount of assistance a full-time student at the same institution would receive.
g. Reimbursement for tuition credit shall be made by the State Treasurer to the approved educational institution upon certification by the institution that the veteran is enrolled for the current period and upon certification by the Department of Veterans Affairs that the veteran is both eligible and entitled to tuition credit hereunder subject to the provisions of this section. Reimbursement for tuition credit shall be made out of funds accumulated from the State Lottery.
h. Any benefits granted to eligible veterans pursuant to this section shall not be considered income or an asset in determining financial need for any financial assistance for higher education provided pursuant to Title 18A of the New Jersey Statutes.
i. In the event that the amount appropriated in any fiscal year is insufficient to carry out in full the provisions of this section, the department shall apportion the amount among the eligible veterans applying for tuition credit in proportion to the amount each veteran would be allocated if the full amount were appropriated.
a. As used in this section:
"Vietnam veteran" means a resident of this State who:
served in the Armed Forces of the United States in Southeast Asia in the Vietnam conflict and received a Vietnam Service Ribbon or an Armed Forces Expeditionary Medal;
was honorably discharged or generally discharged under honorable conditions; and
was domiciled in New Jersey on April 9, 1985, for a period of not less than two consecutive years, exclusive of any time spent on active duty.
b. A Vietnam veteran, upon being accepted to pursue a course of study for an initial undergraduate degree in a public institution of higher education of this State as enumerated in N.J.S.18A:62-1, shall be entitled to tuition assistance, while enrolled as a student in good standing at that college, in an amount up to the full tuition cost as determined by the Department of Veterans Affairs pursuant to this section.
c. A Vietnam veteran, upon being accepted to pursue a course of study for an initial undergraduate degree at an independent college or university located in the State, shall be entitled to tuition assistance, while enrolled as a student in good standing at that college or university, in an amount as determined by the Department of Veterans Affairs pursuant to this section, but in an amount not more than the tuition charged at Rutgers, The State University.
d. A tuition award shall not be granted pursuant to this section unless the Vietnam veteran has applied for all other available State or federal student financial aid.
e. Eligibility for this program shall be limited to a period of five years from April 9, 1985. A Vietnam veteran shall be eligible for a tuition award for four academic years, unless the veteran is enrolled in an undergraduate program regularly requiring five academic years for completion, in which case the veteran shall be entitled to a tuition award for a fifth year.
The Department of Veterans Affairs shall provide a link on its website to the directory of public and independent institutions of higher education located on the website of the New Jersey Office of the Secretary of Higher Education. The link shall be placed on the page of the department’s website that lists the education benefits available to veterans.
a. This section shall be known and may be cited as the "New Jersey Homeless Veterans Grant Program Law."
b. There is established in the Department of Veterans Affairs the "New Jersey Homeless Veterans Grant Program." The purpose of this program shall be to award grants to organizations that assist homeless veterans in this State from funds appropriated to the department from the "Homeless Veterans Grant Fund" established pursuant to section 4 of P.L.2013, c.239 (C.54A:9-25.33). The grants shall be allocated on a competitive basis, except grants allocated to public or private entities that provide legal services to homeless veterans and veterans at risk of homelessness shall be allocated pursuant to N.J.S.38A:22-8. The Commissioner of the Department of Veterans Affairs shall develop criteria for the granting of awards. An organization that wishes to apply for a grant under this program shall submit an application to the commissioner. The application shall, at the minimum, include a description of how the organization will assist homeless veterans. The commissioner may adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to effectuate the grant program.
a. This section shall be known and may be cited as the "Homeless Veterans Legal Services Law."
b. Subject to the availability of funds appropriated for this purpose, including, but not limited to, funding appropriated through N.J.S.38A:22-7, the New Jersey Homeless Veterans Grant Program, the Commissioner of the Department of Veterans Affairs shall enter into agreements with public or private entities to fund a portion of the legal services specified in this section, that are provided by such entities to homeless veterans and veterans at risk of homelessness.
c. The commissioner shall ensure that, to the extent practicable, agreements established under this section are made with entities located in the northern, central, and southern regions of the State.
d. Legal services shall include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows:
(1) Legal services related to housing, including eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases.
(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, estate planning, and family reconciliation.
(3) Legal services related to income support, including assistance in obtaining public benefits.
(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing.
(5) Such other legal services as the commissioner deems appropriate.
e. In developing and carrying out agreements under this section, the commissioner shall, to the extent practicable, consult with veterans service organizations and coordinate appropriate outreach relationships with such organizations.
f. The commissioner may require entities that enter into agreements under this section to submit periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness.
a. The Commissioner of the Department of Veterans Affairs shall provide county prosecutors with a registry of volunteer mentors developed pursuant to subsection o. of N.J.S.38A:21-5 to facilitate the assignment of mentors to eligible service members who have been admitted by the prosecutor into the Veterans Diversion Program established pursuant to P.L.2017, c.42 (C.2C:43-23 et al.). A copy of the registry shall also be provided to the Administrative Director of the Courts to facilitate the assignment of mentors to eligible service members who have been sentenced to a term of probation supervision. The registry of mentors shall be periodically updated by the Department of Veterans Affairs.
b. The Commissioner of the Department of Veterans Affairs shall also prepare and disseminate a directory of Veterans Diversion Resource Program entities currently available within New Jersey pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).
a. As used in this section and N.J.S.38A:23-2 through 38A:23-14, inclusive:
"Advisory council" means the advisory council of a veterans' facility.
"Member" means a person admitted to and receiving care in a veterans' facility.
"Veteran" means a person who has been honorably discharged from the active military service of the United States.
"Veterans' facility" means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the United States Department of Veterans Affairs.
b. Subject to the provisions of this section, the Commissioner of the Department of Veterans Affairs shall be authorized, directed, and empowered to take such actions, and to issue such reasonable rules and regulations, as may be necessary for carrying out the purposes of N.J.S.38A:23-2 through 38A:23-14, inclusive, including specifically to:
(1) provide standards and procedures for the application and determination of eligibility for admission to veterans' facilities;
(2) establish standards and methods for designating the veterans' facility in which an eligible person shall receive care and treatment consistent with available services and individual needs and circumstances;
(3) establish standards of care, treatment, and discipline governing the relationships between the veterans' facilities and persons admitted thereto consistent with and subject to State and federal rules, regulations, and standards of care;
(4) establish standards and procedures for the determination and payment of such amounts, if any, which members shall be required to contribute toward the cost of care and treatment in accordance with their financial ability, basing such determination upon a formula of financial ability to pay promulgated annually, provided, however, that the amount so determined shall first be approved by the Director of the Division of Budget and Accounting in the Department of the Treasury; and
(5) negotiate and enter into agreements or contracts with the Veterans Administration or any other appropriate State or federal agency and to organize the work of the veterans' facilities, giving due regard to the opinion of the advisory councils, in any manner consistent with law to comply with the reasonable requirements of such State and federal agencies in order to secure the maximum financial assistance and services for carrying out the purposes of N.J.S.38A:23-2 through 38A:23-14, inclusive.
All applications for admission to a veterans' facility shall be made to, and in the manner and form prescribed by, the commissioner. The applicant shall provide a statement that the applicant will accept placement in the facility designated by the commissioner and will abide by the rules, regulations, and discipline of the facility to which the applicant is admitted.
The following persons, if they are without sufficient financial ability to provide for their support and necessary care in the community, may be admitted to a veterans' facility:
a. A disabled veteran who has been a resident of New Jersey for at least two years prior to the date of application;
b. The spouse of any person who has been admitted to a veterans' facility, provided that the spouse is not less than 50 years of age and has been married to such person for a period of not less than 10 years;
c. The surviving spouse of a person who died an honorable death while in the active military service of the United States, or who was a disabled veteran at the time of death, provided that the surviving spouse was the person's spouse at the time of the person's service or was married to the person not less than 10 years prior to the date of application and has not married since the person's death and provided that the surviving spouse has been a resident of New Jersey for at least two years prior to the date of application; and
d. The parent of a person who was a resident of New Jersey at the time of entry into, and who died an honorable death in time of war or emergency while in, the active military service of the United States, provided that the parent has been a resident of New Jersey for at least two years prior to the date of application.
This section shall not be construed to prevent a veteran who actually served in a New Jersey military organization, and who is qualified for admission except for the required period of State residence, from being admitted to a veterans' facility, but preference shall be given to persons who have been residents of the State for a period of at least two years prior to application.
Any disabled veteran who is in distress may be admitted to a veterans' facility for a temporary period in accordance with the rules and regulations promulgated by the commissioner.
A person admitted to a veterans' facility shall be entitled to all of its benefits and be furnished with the clothing, subsistence, medical and surgical attendance necessary to promote the person’s health and welfare in accordance with the rules and regulations of the commissioner.
Any person may be removed from a veterans' facility on being restored the ability to promote the person’s own support and welfare in the community, for immorality, for fraud or willful misrepresentation, or for refusal to abide by the rules, regulations, and discipline of the veterans' facility.
The commissioner may from time to time request that the commissioner of the department overseeing psychiatric hospitals designate any State hospital for the care of the mentally ill, or a part thereof, as a treatment unit for veterans who require such care and who are eligible for admission to a veterans' facility. Upon making such designation, the commissioner of the appropriate department shall cause to be filed with the Commissioner of the Department of Veterans Affairs and the Secretary of State a certificate setting forth the fact thereof, a description of the precise treatment unit so designated, and its location.
Admission of a veteran to a treatment unit as designated pursuant to N.J.S.38A:23-7 shall require:
a. a determination by the appropriate department that such veteran is mentally ill in accordance with the appropriate provisions of Title 30 of the Revised Statutes; and
b. a determination by the Commissioner of the Department of Veterans Affairs that such veteran is eligible for admission to a veterans' facility.
A veteran may be admitted to such treatment unit upon voluntary application, commitment, or transfer.
The commissioner shall be authorized and empowered to accept and receive funds from the United States government or any agency thereof and to accept and receive payments from all members and their family, relatives, and friends towards the cost of care and treatment as provided in the rules and regulations pertaining thereto.
a. Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing veterans' facility or to privatize any services, functions, or units of an existing facility if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section.
b. The commissioner shall conduct at least one public hearing, which shall be held in the region in which the facility is located, or a central location designated by the commissioner if more than one facility is affected by the decision, to provide an opportunity for the public to submit testimony on the proposed closing or privatization. The hearing shall be conducted at least 45 days in advance of a facility closure or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony.
c. The Notice of Intent to close a facility shall be mailed, telephoned, telegrammed, or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure.
d. The commissioner shall prepare a report setting forth a fiscal impact analysis, policy rationale, and summary of the testimony received at any hearing held pursuant to this section. This report shall be submitted to the chairman of the Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure.
The commissioner shall conduct, or contract with another entity to conduct, a series of follow-up studies to assess the well-being of all former residents of State veterans' memorial homes who have made a transition into the community after the effective date of this act, N.J.S.38A:21-1 et al., as a result of implementation of a plan to close a State veterans' memorial home and also an assessment of the well-being of all former residents for each of the five years after the closure.
The commissioner shall compile the results of the follow-up studies conducted pursuant to this section and shall include this information in a series of reports that the commissioner shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
The report of a follow-up study on the well-being of all former residents of State veterans' memorial homes, who have made a transition into the community after the effective date of this act as a result of the implementation of a plan to close a State veterans' memorial home, shall be submitted one year after the beginning of implementation of the plan, and annually thereafter, until the veterans' memorial home has closed. In addition, for each of the five years after the closure of a home, a report of a follow-up study on the well-being of all former residents of the home shall be submitted.
Reports submitted pursuant to this section shall be made publicly available on the website of the Department of Veterans Affairs.
There are established in the Department of Veterans Affairs four advisory councils known as:
a. The New Jersey Veterans' Memorial Home Advisory Council-Menlo Park;
b. The New Jersey Veterans' Memorial Home Advisory Council-Vineland;
c. The New Jersey Veterans' Memorial Home Advisory Council-Paramus; and
d. The New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown.
Each advisory council shall consist of seven members, at least five of whom are veterans, to be appointed by the commissioner. The term of each council member, except for the initial members, shall be three years commencing on July 1 and ending on June 30 of the third year thereafter, and any vacancy shall be filled for the unexpired term only.
The members of the advisory council shall receive no compensation for their services but shall be reimbursed for actual expenditures incurred in the performance of their duty. The members are subject to removal by the commissioner at any time for good and sufficient cause.
Subject to the provisions of this act, N.J.S.38A:21-1 et al., and under general policies established by the commissioner, the advisory councils of the veterans' facilities shall:
a. recommend standards and procedures for application and termination of eligibility for admission to veterans' facilities;
b. recommend standards and methods for designating the veterans' facility in which an eligible person shall receive care and treatment consistent with available services and individual needs and circumstances;
c. recommend standards of care, treatment, and discipline governing the relationships between the veterans' facilities and persons admitted thereto; and
d. recommend standards and procedures for the determination and payment of amounts which members may be required to contribute toward the cost of care and treatment in accordance with their financial ability.
Moneys, choses in action, and effects deposited by a member in trust with the veterans' facility and unclaimed at the death of the member, dying intestate, shall be deemed to be the property of the veterans' facility. Such property shall be held in trust for three years following the death of the depositor, with power to invest the funds and to use the income for the benefit of the members as the advisory council of the veterans' facility and the commissioner deem most advisable.
Upon claim made within three years following the death of the depositor and sustained by legal proof, the sufficiency of which shall be determined by the advisory council of the veterans' facility and the commissioner, such property shall be paid over to the claimant entitled thereto upon acknowledging, executing, and delivering a proper release and discharge.
Such property remaining unclaimed three years after the death of its depositor shall be deemed to be the property of, and subject to the absolute control and disposal of, the veterans' facility, to be used for such purposes as the advisory council of the veterans' facility and the commissioner may deem most advisable.
Subject to the provisions of this act, N.J.S.38A:21-1 et al., and under general policies established by the commissioner, the New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown shall:
a. recommend standards and procedures for application and determination of eligibility for interment in the veterans' cemetery; and
b. advise the commissioner regarding operating policies and procedures as they apply to veterans' family members, funeral directors, and the relationship of the veterans' cemetery with the other veterans' facilities.
In conjunction with the New Jersey Veterans' Memorial Home Advisory Council-Menlo Park, the New Jersey Veterans' Memorial Home Advisory Council-Vineland, the New Jersey Veterans' Memorial Home Advisory Council-Paramus, and the New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown, any reference in any law, contract, or document to the Adjutant General of the Department of Military and Veterans' Affairs or the department shall be deemed to mean and refer to the Commissioner of the Department of Veterans Affairs or the Department of Veterans Affairs.
There is established by the department a program to assist an eligible family member of a veteran who is already in a New Jersey veterans' memorial home, or an eligible family member of a veteran who is about to enter such a home, in being appointed as guardian of the veteran. In the event that a family member of a veteran who is already in a New Jersey veterans' memorial home, or is about to enter such a home, is not willing or available to serve as guardian of that veteran, some other interested person closely associated with the veteran shall be eligible for assistance in being appointed as guardian under the program herein established. The assistance provided to a family member of a veteran or to some other interested and eligible person associated with a veteran shall be in the form of both technical and financial support.
The commissioner shall develop economic criteria for determining eligibility for financial assistance pursuant to the program established by this section.
The department shall ensure that each veterans' memorial home shall hold quarterly town hall meetings with all veterans' guardians appointed pursuant to N.J.S.38A:23-17 and persons otherwise having the veteran's power of attorney. The meetings may take place in person or remotely using the Internet or other electronic means.
Whenever a public health emergency is declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), each veteran's guardian appointed pursuant to N.J.S.38A:23-17, or each person otherwise having the veteran's power of attorney, shall be allowed to remove the veteran from the veterans' memorial home pursuant to procedures established under Department of Veterans Affairs rules and regulations, except the department shall allow for an initial extension of up to 30 days and one additional extension of up to 30 days. The resident veteran shall be required to continue to pay the care and maintenance fee while on temporary furlough to hold a bed. Regular operating procedures shall resume at the conclusion of the public health emergency.
The department shall ensure that each veterans' memorial home shall communicate updates to each veteran's guardian appointed pursuant to N.J.S.38A:23-17, and each person otherwise having the veteran's power of attorney, through a minimum of two communication means, which shall include regular mail, email, text message, and voice.
a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Commissioner of the Department of Veterans Affairs shall transmit a weekly report on the status of the State veterans' memorial homes to the Commissioner of the Department of Health whenever a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), has been declared by the Governor and is in effect. The weekly report shall include:
(1) the number of residents and staff in each veterans' home, including comparisons to previous reports;
(2) any significant health risks posed to the residents and staff in each veterans' home due to the public health emergency;
(3) any changes in operating procedures in each veterans' home due to the public health emergency; and
(4) the amount of personal protective equipment available to residents and staff at each veterans' home.
b. As used in this section:
(1) "veterans' home" means the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland, and the New Jersey Veterans' Memorial Home-Paramus.
(2) "personal protective equipment" means any items commonly used to protect an individual from bacterial or viral infections, including, but not limited to, disinfecting wipes, disposable gloves, disposable gowns, face shields, N95 face masks, surgical masks, or parts thereof.
a. The Department of Veterans Affairs shall establish a position to be known as a resident advocate at each State veterans' memorial home. The resident advocate shall have a direct reporting relationship to the director of the division that oversees the veterans’ memorial homes.
b. The resident advocate shall:
(1) act as a liaison between the State veterans' memorial home and each of the residents at the State veterans' memorial home;
(2) receive complaints from residents at the State veterans’ memorial home; and
(3) respond to any concerns or grievances from the residents at the State veterans' memorial home and, if appropriate, submit concerns or grievances to the State Long-Term Care Ombudsman.
c. A resident advocate who receives an oral or written complaint from a resident at a State veterans' memorial home shall log the complaint from the resident on a written or electronic form. The division that oversees the veterans’ memorial homes shall develop, publish, and distribute the written and electronic form to be used by the resident advocate. At a minimum, the written and electronic form shall contain spaces for:
(1) the name of the resident submitting the complaint;
(2) the nature of the complaint;
(3) whether the complaint is an emergency that requires an immediate response, a critical situation that requires a reasonably prompt response, or a noncritical situation that requires an appropriately timely response; and
(4) a plan of action for the complaint and an estimated time frame within which the action will be taken.
d. A resident advocate who fills out a form under subsection c. of this section shall provide one copy of the form to the resident submitting the complaint and one copy to the administrator of the State veterans' memorial home. The resident advocate shall also retain the advocate's copy for not less than one year after the complaint is resolved.
e. A State veterans' memorial home shall make every reasonable effort to make the resident advocate at that memorial home easily identifiable by posting the name and work hours of the resident advocate and shall make every reasonable effort to assure that the plan of action prepared by the resident advocate pursuant paragraph (4) of subsection c. of this section is carried out within the time frame set forth in the plan of action.
The commissioner may procure and issue such service medals, ribbons, clasps, or similar devices as are authorized by the Legislature to be awarded to residents of the State of New Jersey who served on active duty in time of war or emergency or who served as members of the American Merchant Marine during World War II and are declared by the United States Department of Defense to be eligible for federal veterans' benefits.
a. The Governor may present in the name of the State of New Jersey a POW-MIA medal of appropriate design, and ribbon to be worn in lieu thereof, to:
(1) any person who, on the date of induction into the organized militia or federal military service, was a resident of this State and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during time of war or emergency, shall have been officially listed as a prisoner of war or missing in action by the United States Department of Defense; or
(2) any person who, on the date of induction into the organized militia or federal military service, was not a resident of this State but currently resides in this State or was a resident at time of death and who, while serving in the organized militia or in federal military service on active duty in a combat theater of operation during time of war or emergency, shall have been officially listed as a prisoner of war or missing in action by the United States Department of Defense; and
(3) was taken prisoner and held captive or declared missing in action: (a) while engaged in an action against an enemy of the United States; (b) while engaged in military operations involving conflict with an opposing foreign force; or (c) while serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.
b. The period of creditable military service must include the period of captivity from date of capture through date of release. While no minimum time period of captivity exists as eligibility criteria for the medal, the Department of Veterans Affairs should determine each case on its merits.
c. The medal shall be issued only to those taken prisoner by foreign armed forces that are hostile to the United States under circumstances which the commissioner, or a designee, finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.
d. Any person convicted by a United States military tribunal of misconduct or a criminal charge or whose discharge is less than honorable based on actions while a POW-MIA is ineligible for the medal. Any POW-MIA whose conduct was not in accord with the Code of Conduct, and whose actions are documented by United States military records, is ineligible for the medal. Resolution of questionable cases shall be the responsibility of the commissioner or a designee.
e. No more than one medal shall be awarded. For subsequent acts justifying award of the medal, service stars shall be awarded and worn on the suspension and service ribbon of the medal. A period of captivity terminates on return to United States military control. Escapees who do not return to United States military control and are recaptured by an enemy do not begin a new period of captivity for subsequent award of the medal.
f. The medal may be awarded for a deceased person or a person absent as a prisoner of war or missing in action and, when so directed, may be presented to such representatives, as the commissioner considers appropriate, who submit all of the required forms and documentation on behalf of that person.
Return of remains, in and of itself, does not constitute evidence of POW-MIA status.
g. The Department of Veterans Affairs shall receive requests for, and issue, the medal to eligible individuals or their next-of-kin, who shall use the “Department of Veterans Affairs application for award/program" application, attaching a copy of DD Form 214 or WD Form 53 and death certificate copy, if applicable.
h. There is created in the Department of the Treasury a special, non-lapsing fund to be known as the "POW-MIA Medal Fund." There shall be deposited into the fund the amounts made available for the purposes of the fund and monetary donations that may be received from any source for the purposes of the fund and any interest earned thereon. Monies deposited in the fund shall be dedicated for the design, manufacture, and distribution of the medal.
The Legislature finds and declares that:
a. Residents of New Jersey have answered the call to fight for our country many times as members of the United States military and as members of the New Jersey National Guard.
b. Throughout history, New Jersey residents have made the ultimate sacrifice for their country and have given their life for our freedom.
c. The family members left behind after the untimely deaths of these brave service members, known as Gold Star family members, are often left with emotional wounds who need the caring intervention of a mental health professional to grieve and learn to live with the new reality of their loved one's passing.
d. The United States Department of Veterans Affairs has taken the lead to provide mental health care to veterans and certain family members with the establishment of the Care Enough to Share program, which links mental health professionals with an opportunity to volunteer their time and talents to help the nation's veterans and certain family members by providing mental health counseling.
e. It is honorable and necessary that the State of New Jersey assist these Gold Star family members in their grief by establishing programs that can link mental health care professionals with the family members to provide the needed mental health care free of charge to the families.
As used in this section and N.J.S.38A:25-3:
"Gold Star family member" means an individual who is a New Jersey resident and is the surviving spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole blood or the half blood, or by adoption, of a member of the Armed Forces of the United States or the National Guard who died while on active duty for the United States.
"Mental health care professional" means a person who provides mental health services and is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to practice a health care profession that is regulated by one of the following: the State Board of Medical Examiners; the State Board of Psychological Examiners; the State Board of Social Work Examiners; the State Board of Marriage and Family Therapy Examiners; the Alcohol and Drug Counselor Committee; the Professional Counselor Examiners Committee; or the Certified Psychoanalysts Advisory Committee.
There is established in the Department of Veterans Affairs the "Gold Star Family Counseling Program." The purpose of this program is to link mental health care professionals with Gold Star family members to facilitate the provision of mental health counseling free of charge to Gold Star family members. The Commissioner of the Department of Veterans Affairs shall create and implement the "Gold Star Family Counseling Program" as follows:
a. The department shall recruit mental health care professionals to donate professional counseling hours to provide mental health counseling to Gold Star family members. The department may coordinate the recruitment efforts with the federal Department of Veterans Affairs.
b. The department shall coordinate with the federal Department of Veterans Affairs to maintain a list of mental health care professionals who are available to provide professional mental health counseling hours to Gold Star family members.
c. The department shall maintain and distribute the list of available mental health care professionals on a Statewide basis and shall distribute the list of available mental health care professionals to each county veteran service office for the distribution thereof.
d. The department shall create a system for monitoring and verifying the donated hours to facilitate the tax credit provided to mental health care professionals pursuant to section 6 of P.L.2017, c.174 (C.54A:4-16).
e. The department shall provide documentation annually to the mental health care professional for submission to the Department of the Treasury to verify the amount of tax credit the mental health care professional is eligible to request annually pursuant to section 6 of P.L.2017, c.174 (C.54A:4-16). The amount of annual tax credit shall be determined by the department as the sum of the hours of donated counseling provided to the Gold Star family member multiplied by the documented compensation rate applied to these hours. To determine the compensation rate, the department shall use the calendar year TRICARE rate for the service provided in the geographic location in which the service is provided. The department shall limit the cumulative hours which are authorized for the annual tax credit to a minimum of 20 hours and a maximum of 40 hours per year, per professional.
f. All mental health care professionals volunteering for the "Gold Star Family Counseling Program" established pursuant to this section shall be immune from civil liability as provided in P.L.1991, c.270 (C.2A:62A-16 et seq.).
g. The department may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association, or individual, except for education grants or federal funds for education grants, and may comply with the terms, conditions, and limitations thereof, to develop and implement the "Gold Star Family Counseling Program" established pursuant to this section. Any money so received may be expended by the department, subject to any limitations imposed in such grants, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury.
a. The department shall maintain a list of each person possessing a Gold Star Family license plate, issued pursuant to section 2 of P.L.2011, c.17 (C.39:3-27.142), and each person holding a driver's license or identification card with a Gold Star Family designation, issued pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively. The department shall distribute the list to the appropriate representative of a State veteran service entity in each county.
b. It shall be unlawful for any person to:
(1) have in the person's possession any canceled, fictitious, fraudulently altered, or fraudulently obtained driver's license or identification card with a Gold Star Family designation;
(2) lend a driver's license or identification card with a Gold Star Family designation to any other person or knowingly permit the use thereof by another;
(3) display or represent a driver's license or identification card with a Gold Star Family designation not issued to the person as being the person's card;
(4) permit any unlawful use of a driver's license or identification card with a Gold Star Family designation issued to the person;
(5) photograph, photostat, duplicate, or in any way reproduce a driver's license or identification card with a Gold Star Family designation, or facsimile thereof, in such a manner that it could be mistaken for a valid driver's license or identification card with a Gold Star Family designation or to display or have in the person's possession any such photograph, photostat, duplicate, reproduction, or facsimile; or
(6) alter a driver's license or identification card with a Gold Star Family designation in any manner.
c. A person who violates any provision of subsection b. of this section shall be liable to a civil penalty of $1,000. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.
a. (1) Upon receipt of the notice from the United States Department of Defense of the death of a service member who resided in this State and whose surviving beneficiary resides in this State, the Department of Veterans Affairs shall notify, no later than ten working days, the appropriate county veterans' affairs office, or county designee, and the appropriate State veterans’ service office. The State office shall provide the surviving beneficiary of a deceased service member with a comprehensive packet containing information on all federal and State benefits for which the surviving beneficiary may be eligible. The department shall develop the packet and provide all State veterans service offices with a supply of packets for distribution.
This section shall also apply when a deceased service member is not a resident of this State, but whose surviving beneficiary is a resident of this State, if that information is known.
(2) Every county veterans' affairs office shall have a designated Gold Star family member liaison. The liaison may be a volunteer or a Gold Star family member. The liaison shall, in conjunction with the State veterans' service offices, assist Gold Star families to access the services they are entitled to by providing information on State benefits, Gold Star family organizations, and such other resources deemed necessary and beneficial to a Gold Star family member.
b. For the purpose of this section:
"Child" means the individual who is a son or daughter by birth or adoption.
"Deceased service member" means any member of the Armed Forces of the United States, or a Reserve Component thereof, or a member of the National Guard who dies as a result of enemy action, accident, or disease while on federal active duty, including active duty for training.
"Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption, of a member of the Armed Forces of the United States or the National Guard who died while on active duty for the United States.
"Parent" means the individual who is a father or mother by birth or adoption.
"Spouse" means the individual to whom the deceased service member was legally married at the time of the member's death.
"Surviving beneficiary" means the spouse, child, or parent of a deceased service member who resides in this State.
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