N.J. Stat. tit. 38A, ch. 3

N.J. Stat. tit. 38A, ch. 3
in effect

N.J. Stat. § 38A:3-1 Principal department.

38A:3-1. The Department of Military Affairs shall be a principal department in the executive branch of the State Government. L.1963, c.109; amended 1987,c.444,s.3; 1988,c.138,s.4; 2025, c.139, s.71.

N.J. Stat. § 38A:3-1a Refer to Department of Military Affairs.

33. Whenever any statute shall refer to military matters in the Department of Defense or the Department of Veterans’ Affairs and Defense, the same shall mean and refer to the Department of Military Affairs; except as provided in section 69 of P.L.2025, c.139 (N.J.S.38A:21-7). L. 1988, c. 138, s. 33; amended 2025, c.139, s.73.

N.J. Stat. § 38A:3-1.1 Findings, declarations.

1. The Legislature finds and declares: 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. L. 1987, c. 444, s. 1; amended 2025, c.139, s.72.

N.J. Stat. § 38A:3-1.2 Department defined.

2. As used in chapter 3 of Title 38A of the New Jersey Statutes, "department" means the Department of Military Affairs established pursuant to N.J.S.38A:3-1 et seq., as amended. L. 1987, c. 444, s. 2; amended 1988,c.138,s.3; 2025, c.139, s.74.

N.J. Stat. § 38A:3-2 Personnel of department.

38A:3-2. 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) L.1963, c.109; amended 1984,c.181,s.4; 1987,c.444,s.5; 1988,c.138,s.6; 2025, c.139, s.75.

N.J. Stat. § 38A:3-2b4 Unclaimed cremains, receipt by certain veterans’ organization after one year.

2. a. (1) 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. (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. L.2009, c.14, s.2; amended 2021, c.37, s.4; 2025, c.340, s.3.

N.J. Stat. § 38A:3-2b5 Drug testing required for certain employees of veterans memorial homes.

2. 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 sub-stances 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 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. L.2009, c.220, s.2.

N.J. Stat. § 38A:3-2b6 Financial planning assistance program for disabled veterans and their caregivers.

1. The New Jersey Department of Military and 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” 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. L.2015, c.288.

N.J. Stat. § 38A:3-2b7 Weekly report on status of State veterans’ homes.

1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Adjutant General of the Department of Military and Veterans’ Affairs shall transmit a weekly report on the status of the State veterans’ 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. L.2021, c.214.

N.J. Stat. § 38A:3-2b8 Resident advocate at State veterans’ memorial home.

1. a. The Division of Veterans’ Healthcare Services in the Department of Military and 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. 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. L.2021, c.219.

N.J. Stat. § 38A:3-2j Short title.

1. This act shall be known and may be cited as the Military and Defense Economic Ombudsman Act. L.2017, c.359, s.1.

N.J. Stat. § 38A:3-2k Military and Defense Economic Ombudsman.

2. There is hereby created in the Department of Military Affairs a Military and Defense Economic Ombudsman. The ombudsman shall be appointed by the Governor. The person appointed shall have expertise in the areas of defense, business, and governmental affairs and shall have been a resident of this State for at least 36 consecutive months immediately preceding appointment. Once appointed, the ombudsman shall continue to maintain residency in New Jersey and shall serve at the pleasure of the Governor and shall report to the Adjutant General. The office of the Military and Defense Economic Ombudsman may request and shall avail itself and utilize the services of any officer or employee of the Department of Military Affairs and of any other State department or agency, who shall render such assistance as the head of the principal department or agency may require without additional compensation. L.2017, c.359, s.2; amended 2025, c.139, s.76.

N.J. Stat. § 38A:3-2l Purpose, duties of ombudsman.

3. The purpose of the Military and Defense Economic Ombudsman shall be to coordinate and implement a strategy to fortify and ensure the economic vitality of the United States military installations in this State and to improve the economic environment for the defense industry in this State, in the face of evolving defense needs, by fostering productive interactions between federal, State, and local governments and overseeing efforts to position the State's military installations as hubs of development, innovation, and economic growth. It shall be the duty of the ombudsman to: 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. L.2017, c.359, s.3.

N.J. Stat. § 38A:3-2m Efforts to eliminate barriers to investment, growth.

4. The Military and Defense Economic Ombudsman shall undertake specific efforts to eliminate barriers to investment and growth by businesses and the defense industry in this State. In this endeavor, the ombudsman shall: 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. L.2017, c.359, s.4.

N.J. Stat. § 38A:3-2n Education and outreach efforts.

5. As part of its education and outreach efforts, and its purposes of promoting the State's military installations and developing productive relationships with the various governmental, industry, and community stakeholders, the Military and Defense Economic Ombudsman shall: 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. L.2017, c.359, s.5.

N.J. Stat. § 38A:3-2o Annual report; rules, regulations.

6. a. The Military and Defense Economic Ombudsman shall submit an annual report to the Adjutant General detailing the activities undertaken during the previous year. 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. L.2017, c.359, s.6.

N.J. Stat. § 38A:3-2.3 Application of State Agency Transfer 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.). L.1973, c. 284, s. 3, eff. Nov. 30, 1973.

N.J. Stat. § 38A:3-2.4 World War II Veterans' Memorial Fund.

1. There is created in the Department of the Treasury a dedicated, non-lapsing fund to be known as the World War II Veterans' Memorial Fund. The fund shall be credited with any money received by the World War II Memorial Commission established pursuant to Executive Order No. 107 of 2004 by Governor McGreevey through fundraising efforts and as donations or grants, and any monies as may thereafter be donated by members of the public or appropriated to the fund by law. All interest on monies in the fund shall be credited to the fund. Investment of such monies shall be consistent with policies of the Division of Investment. The monies in the fund shall be administered by the State Treasurer, to be held in the fund until appropriated by law. Not later than 180 days after the effective date of this act, and periodically thereafter, the State Treasurer shall certify to the Legislature the total amount of monies in the fund. L.2005,c.59,s.1.

N.J. Stat. § 38A:3-2.5 Donations, grants for World War II Memorial.

2. The Adjutant General of the Department of Military and Veterans'Affairs and the Deputy Commissioner of Veterans' Affairs, on behalf of the World War II Memorial Commission established pursuant to Executive Order No. 107 of 2004 by Governor McGreevey, may solicit and accept donations or grants of money or property from any source for the purposes of the World War II Memorial and may distribute appropriations made by law for that purpose. Any donations or grants received shall be credited to the World War II Veterans'Memorial Fundcreated in section 1 of this act. L.2005,c.59,s.2.

N.J. Stat. § 38A:3-3 Adjutant General.

38A:3-3. 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. L.1963, c.109; amended 1984,c.181,s.6; 1987,c.444,s.7; 1988,c.138,s.9; 2025, c.139, s.77.

N.J. Stat. § 38A:3-5 Deputy adjutant general.

38A:3-5. 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. L.1963, c.109; amended 1984,c.181,s.7.

N.J. Stat. § 38A:3-5.1 Assistant adjutant generals; rank

8. The Governor may appoint, with the advice and consent of the Senate, an assistant adjutant general for the New Jersey Army National Guard, and an assistant adjutant general for the New Jersey Air National Guard, respectively, who shall serve at the pleasure of the Governor. The assistant adjutant general for the New Jersey Air National Guard may have the rank of major general and the assistant adjutant general for the New Jersey Army National Guard may have the rank of brigadier general during the term of office and each shall serve on the staff of the Adjutant General. L.1984,c.181,s.8; amended 2001, c.317.

N.J. Stat. § 38A:3-6 Powers, duties.

38A:3-6. 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.). amended 1984, c.181, s.9; 1987, c.444, s.8; 1988, c.138, s.10; 2013, c.239, s.2; 2015, c.209; 2015, c.246; 2015, c.290; 2017, c.42, s.11; 2017, c.58; 2019, c.283, s.1; 2025, c.139, s.78; 2025, c.229.

N.J. Stat. § 38A:3-6.1 Aid to localities in circumstances which threaten or endanger public health, safety or welfare

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. L.1979, c. 240, s. 1, eff. Dec. 12, 1979. Amended by L.1984, c. 181, s. 10, eff. Nov. 14, 1984.

N.J. Stat. § 38A:3-6.2 Grants

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. L. 1987, c. 444, s. 12.

N.J. Stat. § 38A:3-6.4c Follow-up studies relative to former residents of veterans' memorial homes.

3. The Adjutant General 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 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. L.2015, c.197, s.3.

N.J. Stat. § 38A:3-6.4d Compilation of results of follow-up studies; reports.

4. a. The Adjutant General shall compile the results of the follow-up studies conducted pursuant to section 3 of this act and shall include this information in a series of reports that the Adjutant General shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). 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. L.2015, c.197, s.4.

N.J. Stat. § 38A:3-6.19 Adjutant General, duties.

41. The Adjutant General of the Department of Military Affairs shall: 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). L.1994,c.182,s.41; amended 2025, c.139, s.79.

N.J. Stat. § 38A:3-6.20 Provision of registry of volunteer mentors, Veterans Diversion Resource Program entities.

13. a. The Adjutant General of the Department of Military and Veterans' Affairs shall provide county prosecutors with a registry of volunteer mentors developed pursuant to subsection (bb) of N.J.S.38A:3-6 to facilitate the assignment of mentors to eligible servicemembers 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 servicemembers who have been sentenced to a term of probation supervision. The registry of mentors shall be periodically updated by the Department of Military and Veterans' Affairs. 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.). L.2017, c.42, s.13.

N.J. Stat. § 38A:3-7 Rank and precedence

The Adjutant General shall take rank and precedence above all other officers of the militia. L.1963, c. 109. Amended by L.1984, c. 181, s. 11, eff. Nov. 14, 1984.

N.J. Stat. § 38A:3-8 Classes of personnel.

38A:3-8. 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. L.1963, c.109; amended 1984,c.181,s.12; 1987,c.444,s.9; 1988,c.138,s.11; 2025, c.139, s.80.

N.J. Stat. § 38A:3-9 United States Property and Fiscal Officer.

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. L.1963, c. 109.

N.J. Stat. § 38A:3-10 Fees for services.

38A:3-10. 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. L.1963, c.109; amended 1984,c.181,s.13; 1991,c.389,s.21; 2025, c.139, s.81.

N.J. Stat. § 38A:3-11 Certification of records.

38A:3-11. 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. L.1963, c.109; amended 1984,c.181,s.14; 1987,c.444,s.10; 1988,c.138,s.12; 2025, c.139, s.82.

N.J. Stat. § 38A:3-16 Transfer of Council on Armed Forces and Veterans' Affairs to Department of Military Affairs; membership.

2. The Council on Armed Forces and Veterans' Affairs established in the Department of Commerce and Economic Development pursuant to P.L.1983, c.61 (C.52:27H-45 et seq.) is hereby transferred to and established in the Department of Military Affairs. The council shall consist of 22 members: two to be appointed by the President of the Senate from the members thereof, no more than one of whom shall be from the same political party; two to be appointed by the Speaker of the General Assembly from the members thereof, no more than one of whom shall be from the same political party; the Adjutant General of the Department of Military Affairs, the Commissioner of the Department of Veterans Affairs, the Commissioner of the New Jersey Commerce Commission, the Commissioner of Education, the Commissioner of Environmental Protection, the Commissioner of Transportation, the State Treasurer, the Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Chair of the New Jersey Commission on Higher Education, or their designees; and eight public members to be appointed by the Governor, with the advice and consent of the Senate. Seven of the public members shall be representatives of the community and business support groups for New Jersey's military installations and the United States Coast Guard training center. Each public member shall serve for a term of three years from the date of the member's appointment and until the member's successor is appointed and qualified. Vacancies resulting from causes other than by expiration of term shall be filled for the unexpired term only and shall be filled in the same manner as the original appointments were made. L.1992, c.86, s.2; amended 2005, c.40, s.1; 2007, c.253, s.22; 2025, c.139, s.83.

N.J. Stat. § 38A:3-17 Council members entitled to reimbursement

3. All members of the council shall serve without compensation, but they shall be entitled to be reimbursed for all necessary expenses incurred in the performance of their duties. L.1992,c.86,s.3.

N.J. Stat. § 38A:3-18 Selection of chairman, secretary

4. The council shall select from among its members a chairman and also shall select a secretary, who need not be a member of the council. L.1992,c.86,s.4.

N.J. Stat. § 38A:3-19 Purpose of council; responsibilities.

5. The council shall: 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. L.1992,c.86,s.5; amended 2005, c.40, s.2.

N.J. Stat. § 38A:3-20 Report to Governor, Legislature

6. The council shall report its findings and recommendations to the Governor and the Legislature annually on the second Tuesday in January and at any other time as it deems necessary or desirable. L.1992,c.86,s.6.

N.J. Stat. § 38A:3-21 Powers of council

7. The council may hold hearings in any part of the State and by its subpena may compel the attendance of witnesses and the production of books, papers and records. It shall be entitled to the assistance and services of any State, county, municipal and school district employees as may be required, and the council may employ competent counsel, expert advisers and any other assistants as may be required for the proper accomplishment of the purposes of this act, provided that the compensation to be paid to the counsel, advisers and assistants shall be within the limits of the appropriation made therefor. L.1992,c.86,s.7.

N.J. Stat. § 38A:3-22 Present members not affected

8. This act shall not affect the membership or the terms of office of those persons who are members of the council on the effective date of this act. L.1992,c.86,s.8.

N.J. Stat. § 38A:3-28.1 Provision of certain information to surviving beneficiary of deceased service member.

1. 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 Military and 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. "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. L.2010, c.11, s.1; amended 2017, c.57.

N.J. Stat. § 38A:3-38 Commission on Women Veterans.

1. There is created in the New Jersey Department of Military and Veterans' Affairs, the Commission on Women Veterans, hereinafter referred to as "the commission". 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 Military and Veterans' Affairs and other organizations to educate and recruit prospective veterans. L.2007, c.319, s.1.

N.J. Stat. § 38A:3-39 Membership of commission; terms; vacancies.

2. 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 Military and 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. 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. L.2007, c.319, s.2; amended 2012, c.16, s.131.

N.J. Stat. § 38A:3-40 Reimbursement of members.

3. 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 it for its purposes. L.2007, c.319, s.3.

N.J. Stat. § 38A:3-41 Organization, officers.

4. 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. L.2007, c.319, s.4.

N.J. Stat. § 38A:3-42 Meetings, hearings.

5. 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. L.2007, c.319, s.5.

N.J. Stat. § 38A:3-43 Public hearings.

6. 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. L.2007, c.319, s.6.

N.J. Stat. § 38A:3-44 Assistance, services available to commission.

7. 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 Military and Veterans' Affairs shall provide such organizational and personnel support as the commission may request. L.2007, c.319, s.7.

N.J. Stat. § 38A:3-45 Reports to Governor, Legislature, Deputy Commissioner.

8. 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 Deputy Commissioner of Veterans' Affairs within six months of the organization of the commission. 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. L.2007, c.319, s.8.

N.J. Stat. § 38A:3-46 Website to provide access to information about institutions of higher education for veterans.

2. The Department of Military and Veterans' Affairs shall provide a link on its website to access the directory of public and independent institutions of higher education located on the website of the New Jersey 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. L.2011, c.151, s.2.

N.J. Stat. § 38A:3-46a Registry of organizations providing services to military veterans.

1. a. The Department of Military and Veterans' Affairs shall create and maintain a registry of all organizations that provide services to military veterans. The registry shall be prominently displayed, organized topically, on a public webpage 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. L.2016, c.82, s.1.

N.J. Stat. § 38A:3-46b Pro bono legal representation, active-duty members, United States Armed Forces, Reserve component.

1. The Department of Military and Veterans Affairs shall provide information to active-duty members of the United States Armed Forces and a Reserve component thereof, including the National Guard, and veterans of the military about available programs and organizations that provide pro bono legal representation to active-duty members and veterans in various areas of civil law including, but not limited to, family law, estate planning, employment law, immigration law, debtor-creditor law and military administrative law. The Department shall make this information, which shall include a list of participating pro bono legal service providers, including law firms or attorneys, available on its website. L.2023, c.91.

N.J. Stat. § 38A:3-47 Veterans Haven Councils.

1. a. There is created within the Division of Veterans' Services in the Department of Military and 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 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. L.2011, c.170, s.1; amended 2013, c.260, s.1.

N.J. Stat. § 38A:3-48 Duties of Veterans Haven Councils.

2. Under general policies established by the Adjutant General, 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 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. amended 2013, c.260, s.2.

N.J. Stat. § 38A:3-49 Assistance for travel for certain veterans.

1. The Department of Military and Veterans' Affairs shall establish a program to provide assistance to qualified veterans in in-patient and out-patient treatment programs to 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 act. L.2015, c.211, s.1.

N.J. Stat. § 38A:3-50 Online historic tour identifying locations of war battles, places of historic military significance.

1. a. The Department of Military and 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 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. L.2017, c.78, s.1.

N.J. Stat. § 38A:3-51 Findings, declarations relative to a Gold Star Family Counseling program.

1. 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 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. L.2017, c.174, s.1.

N.J. Stat. § 38A:3-52 Definitions relative to a Gold Star Family Counseling program.

2. As used in this act: "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. L.2017, c.174, s.2.

N.J. Stat. § 38A:3-53 "Gold Star Family Counseling Program."

3. There is established in the Department of Military and 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 the Gold Star family members. The Adjutant General of the Department of Military and 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. L.2017, c.174, s.3.

N.J. Stat. § 38A:3-54 Immunity from civil liability.

4. All mental health care professionals volunteering for the "Gold Star Family Counseling Program" established pursuant to P.L.2017, c.174 (C.38A:3-51 et al.) shall be immune from civil liability as provided in P.L.1991, c.270 (C.2A:62A-16 et seq.). L.2017, c.174, s.4.

N.J. Stat. § 38A:3-55 Grants for development, implementation.

5. 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, to develop and implement the "Gold Star Family Counseling Program" established pursuant to P.L.2017, c.174 (C.38A:3-51 et al.). 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. L.2017, c.174, s.5.

N.J. Stat. § 38A:3-56 New Jersey Commission on Veterans' Benefits.

1. a. There is hereby established in the New Jersey Department of Military and Veterans' Affairs the New Jersey Commission on Veterans' Benefits consisting of 13 members as follows: (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. L.2017, c.375, s.1.

N.J. Stat. § 38A:3-57 Duties of commissioner.

2. 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 veterans' services to all current and future veterans in the State of New Jersey. L.2017, c.375, s.2.

N.J. Stat. § 38A:3-58 Strategic plan, reports.

3. 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), within six months of the organization of the commission. 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. L.2017, c.375, s.3.

N.J. Stat. § 38A:3-59 Assistance for certain service members with petitions to change discharge designations.

1. 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 New Jersey Department of Military and Veterans' Affairs assist them to have the designation of his or her discharge changed and recorded as honorable. 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. L.2021, c.56.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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