New_jersey Statute | Act | Code |Title 38a Military And Veterans Law| US Code - US Statute

38A:3-6a. Criteria for designation as ~veteran,~ ~disabled veteran.~ 1. a. The Adjutant General of the Department of Military and 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, or a ~veteran~ under 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 Adjutant General of the Department of Military and Veterans@ Affairs shall adjudicate an appeal from any person disputing the decision of the Adjutant General as to whether a person is to be considered a veteran or disabled veteran, as appropriate, for the purposes of these laws. The Adjutant General shall promptly notify the public entity responsible for administering each such law of the determination of the Adjutant General, and the determination shall be binding on such public entities. b. 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.2000,c.127,s.1. 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. 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. 38A:3-6.3. Definitions As used in this act, unless otherwise indicated by the context: a. ~Adjutant General~ means the Adjutant General of the Department of Military and Veterans@ Affairs. b. ~Advisory council~ means the advisory council of a veterans@ facility or of the veterans@ cemetery. c. ~Member~ means a person admitted to and receiving care in a veterans@ facility. d. ~Veteran~ means a person who has been honorably discharged from the active military service of the United States. e. ~Veterans@ facility~ means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the Department of Military and Veterans@ Affairs. L.1989,c.162,s.1. 38A:3-6.4. Powers of the Adjutant General Subject to the provisions of this act, the Adjutant General of the Department of Military and Veterans@ Affairs is 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 this act, including specifically the following: a. To provide standards and procedures for application and determination of eligibility for admission to veterans@ facilities; b. To 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; c. To establish standards of care, treatment and discipline governing the relationships between the veterans@ facilities and persons admitted thereto; d. To establish standards and procedures for 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; e. To 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 this act. L.1989,c.162,s.2. 38A:3-6.4a. Definitions 5. As used in sections 5 and 6 of P.L.1996, c.150 (C.38A:3-6.4a and 38A:3-6.4b): ~Adjutant General~ means the Adjutant General of the Department of Military and Veterans@ Affairs. ~Facility~ means a veterans@ facility as defined in section 1 of P.L.1989, c.162 (C.38A:3-6.3). L.1996,c.150,s.5. 38A:3-6.4b. Conditions of closing facilities, privatizing services 6. a. Except in the case of an emergency condition, the Adjutant General shall not implement a decision to close an existing facility or to privatize any services, functions or units of an existing facility, if the Adjutant General 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 Adjutant General has complied with the procedures set forth in this section. b. Pursuant to subsection a. of this section, the Adjutant General 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 Adjutant General 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 Adjutant General in accordance with subsection c. of this section. The Adjutant General 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 pursuant to subsection b. of this section 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 Adjutant General 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 chairmen 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. L.1996,c.150,s.5. 38A:3-6.5. Application for admission to veterans@ facility All applications for admission to a veterans@ facility shall be made to, and in the manner and form prescribed by, the Adjutant General. The applicant shall provide a statement that he will accept placement in the facility designated by the Adjutant General, and that he will abide by the rules, regulations and discipline of the facility to which admitted. L.1989,c.162,s.3. 38A:3-6.6. Admission of persons without sufficient financial ability to veterans@ facility 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. L.1989,c.162,s.4. 38A:3-6.7. Temporary admission of disabled veteran Any disabled veteran who is in distress may be admitted to a veterans@ facility for a temporary period in accordance with rules and regulations promulgated by the Adjutant General. L.1989,c.162,s.5. 38A:3-6.8. Benefits to admitted persons A person admitted to a veterans@ facility shall be entitled to all of its benefits and be furnished with clothing, subsistence, medical and surgical attendance, necessary to promote his health and welfare in accordance with the rules and regulations of the Adjutant General. L.1989,c.162,s.6. 38A:3-6.9. Removal of member from veterans@ facility Any member may be removed from a veterans@ facility on being restored to ability to promote his own support and welfare in the community, or for immorality, or for fraud or willful misrepresentation, or refusal to abide by the rules, regulations and discipline of the veterans@ facility. L.1989,c.162,s.7. 38A:3-6.10. Designation of State hospital as treatment unit for mentally ill veterans The Adjutant General may from time to time request that the Commissioner of Human Services 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 Human Services shall cause to be filed with the Adjutant General and the Secretary of State a certificate setting forth the fact thereof, a description of the precise treatment unit so designated and its location. L.1989,c.162,s.8. 38A:3-6.11. Requirements for admission of veteran to State treatment unit Admission of a veteran to a treatment unit as designated pursuant to section 8 of P.L.1989, c.162 (C.38A:3-6.10) shall require: a. A determination by the Department of Human Services 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 Adjutant General 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. L.1989,c.162,s.9. 38A:3-6.12. Funds The Adjutant General is 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, their family, relatives and friends, towards the cost of care and treatment as provided in the rules and regulations pertaining thereto. L.1989,c.162,s.10. 38A:3-6.13. Four advisory councils created There is created within the Division of Veterans@ Administrative Services in the Department of Military and Veterans@ Affairs four advisory councils to be 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 Adjutant General with the approval of the Governor. 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 initial membership of each veterans@ facility advisory council, other than the New Jersey Veterans@ Memorial Cemetery Advisory Council-Arneytown, shall include four of the persons serving on the effective date of this 1989 amendatory and supplementary act as members of the Veterans@ Facilities Council. The New Jersey Veterans@ Memorial Cemetery Advisory Council-Arneytown shall include three of the persons serving on the effective date of this 1989 amendatory and supplementary act as members of the Veterans@ Facilities Council. All of the members who served originally on the Veterans@ Facilities Council and who serve subsequently on an advisory council shall serve for the remainder of the term for which they had been appointed to the Veterans@ Facilities Council. Additional and subsequent appointments shall be made in such manner that the terms of either two or three of the members of each advisory council shall expire on June 30 of each year. 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 duty. They are subject to removal by the Adjutant General at any time for good and sufficient cause. L.1989,c.162,s.11. 38A:3-6.14. Duties of advisory councils Subject to the provisions of this act and under general policies established by the Adjutant General, 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 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. L.1989,c.162,s.12. 38A:3-6.15. Duties of Veterans@ Memorial Cemetery Advisory Council - Arneytown Subject to the provisions of this act and under general policies established by the Adjutant General, 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 Adjutant General 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. L.1989,c.162,s.13. 38A:3-6.16. Unclaimed property 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 Adjutant General may 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 Adjutant General, 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 Adjutant General may deem most advisable. L.1989,c.162,s.14. 38A:3-6.17. Functions, powers, duties transferred to Adjutant General All the functions, powers and duties of the Commissioner of Human Services in regard to the New Jersey Veterans@ Memorial Home for Disabled Soldiers at Menlo Park or the New Jersey Memorial Home for Disabled Soldiers, Sailors, Marines and Their Wives and Widows at Vineland are hereby transferred to and vested in the Adjutant General. L.1989,c.162,s.15. 38A:3-6.18. Reference to Adjutant General Whenever the term ~Board of Managers of the New Jersey Memorial Home for Disabled Soldiers at Menlo Park~ or the term ~Board of Managers of the New Jersey Memorial Home for Disabled Soldiers, Sailors, Marines and Their Wives and Widows at Vineland~ occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the Adjutant General. L.1989,c.162,s.16. 38A:3-6.19. Adjutant General, duties 41. The Adjutant General of the Department of Military and Veterans@ 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.

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