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 and Veterans' Affairs and in connection therewith make and issue such regulations governing the work of the Department of Military and Veterans' 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 and Veterans' 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. He may issue such regulations and delegate such command functions as he shall deem 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 and Veterans' 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) Exercise all of the functions, powers and duties heretofore vested in the Director of the Division on Veterans' Programs and Special Services.
(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 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) Supervise and operate the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland, the New Jersey Veterans' Memorial Home-Paramus and the New Jersey Veterans' Memorial Cemetery-Arneytown.
(v) Supervise and operate the liaison office and the field offices which serve the federal Veterans' Affairs Medical Centers.
(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) Provide current information to the general public on State and federal veterans' programs and benefits; create a comprehensive public webpage for women veterans that includes, but is not limited to, the following information: veterans' legal rights, benefits, medical and insurance issues, education, the transition from active service to civilian life, and other resources available to veterans.
(z) Develop and administer the New Jersey Homeless Veterans Grant Program established pursuant to section 3 of P.L.2013, c.239 (C.38A:3-6.2b).
(aa) Encourage and facilitate the registration of each service member residing in New Jersey with the United States Department of Veterans Affairs, or its successor agency. Registration shall take place, as appropriate, when the service member returns from deployment on federal active duty or is discharged or as soon as possible thereafter. The term "service member" shall mean members of the New Jersey National Guard and members of the United States Armed Forces, or a Reserve component thereof, when the information on each member is made available to the department.
(bb) Develop and coordinate a volunteer-based program comprised of former servicemembers to assist and mentor veterans who become involved with the criminal justice system, while criminal proceedings are pending and afterward, in accessing assistance to resolve the underlying problems that led or contributed to the veteran's involvement with the criminal justice system including, but not limited to, offering support and guidance, securing housing, employment linkages, job training, education, transportation, disability compensation claims, discharge status, health care and other linkages available at the local, State and federal level that can ease the challenge of reentry into civilian life. In addition, the Adjutant General shall develop a registry of volunteer mentors and make the registry available pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).
(cc) 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.).
(dd) Create a comprehensive public webpage for Gold Star family members that includes, but is not limited to, the following information: State benefits; State and county liaisons; a list of service members from New Jersey killed in action; links to other Gold Star family organizations; and such other information and resources as the Adjutant General deems necessary and beneficial to a Gold Star family member. A "Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption.
(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.
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.
Structure New Jersey Revised Statutes
Title 38A - Military and Veterans Law
Section 38A:1-1 - Definitions.
Section 38A:1-2 - Composition of militia
Section 38A:1-3 - Classes of militia
Section 38A:1-4 - Exemptions from militia duty
Section 38A:1-5 - Persons who may administer oaths
Section 38A:1-6 - Federal regulations to govern
Section 38A:2-1 - Governor to be commander-in-chief
Section 38A:2-2 - Governor's staff
Section 38A:2-3 - Proclamation of martial law
Section 38A:2-4 - Militia ordered to active duty in certain cases
Section 38A:2-5 - Call or order into Federal service
Section 38A:2-6 - Regulation by Governor
Section 38A:2-8 - Patriots Corner established.
Section 38A:2-9 - Patriots Corner Tribute Fund.
Section 38A:3-1 - Principal department
Section 38A:3-1a - Refer to Department of Military and Veterans' Affairs
Section 38A:3-1.1 - Findings, declarations
Section 38A:3-1.2 - Department, veteran defined
Section 38A:3-2 - Personnel of department
Section 38A:3-2a - Divisions established
Section 38A:3-2b - Duties, qualifications of Division of Veterans' Healthcare Services.
Section 38A:3-2b1 - Transfer of remains.
Section 38A:3-2b2 - Establishment of program to appoint guardians for certain veterans
Section 38A:3-2b2.1 - Quarterly town hall meetings with veterans' guardians.
Section 38A:3-2b2.2 - Guardian may remove veteran from memorial home.
Section 38A:3-2b2.3 - Veterans' memorial homes to communicate with guardians.
Section 38A:3-2b3 - Duties of Adjutant General
Section 38A:3-2b4 - Unclaimed cremains, receipt by certain veterans' organization after one year.
Section 38A:3-2b5 - Drug testing required for certain employees of veterans memorial homes.
Section 38A:3-2b7 - Weekly report on status of State veterans' homes.
Section 38A:3-2b8 - Resident advocate at State veterans' memorial home.
Section 38A:3-2c - Director of Division of Veterans' Healthcare Services.
Section 38A:3-2d - Division of Veterans' Loans, Grants and Services
Section 38A:3-2d1 - Transfer of moneys, property
Section 38A:3-2e - Loans, grants, services director
Section 38A:3-2f - Division of Training, Information and Referrals
Section 38A:3-2g - Training, information, referrals director
Section 38A:3-2i - Retention of civil service rights
Section 38A:3-2j - Short title.
Section 38A:3-2k - Military and Defense Economic Ombudsman.
Section 38A:3-2l - Purpose, duties of ombudsman.
Section 38A:3-2m - Efforts to eliminate barriers to investment, growth.
Section 38A:3-2n - Education and outreach efforts.
Section 38A:3-2o - Annual report; rules, regulations.
Section 38A:3-2.2 - Regulations
Section 38A:3-2.3 - Application of State Agency Transfer Act
Section 38A:3-2.4 - World War II Veterans' Memorial Fund.
Section 38A:3-2.5 - Donations, grants for World War II Memorial.
Section 38A:3-3 - Adjutant General
Section 38A:3-4.1 - Administrator
Section 38A:3-5 - Deputy adjutant general.
Section 38A:3-5.1 - Assistant adjutant generals; rank
Section 38A:3-6 - Powers, duties.
Section 38A:3-6a - Criteria for designation as "veteran," "disabled veteran."
Section 38A:3-6.2a - Short title.
Section 38A:3-6.2b - "New Jersey Homeless Veterans Grant Program."
Section 38A:3-6.2c - Short title.
Section 38A:3-6.2d - Provision of legal services to homeless, at risk of homelessness veterans.
Section 38A:3-6.3 - Definitions
Section 38A:3-6.4 - Powers of the Adjutant General
Section 38A:3-6.4a - Definitions
Section 38A:3-6.4b - Conditions of closing facilities, privatizing services
Section 38A:3-6.4c - Follow-up studies relative to former residents of veterans' memorial homes.
Section 38A:3-6.4d - Compilation of results of follow-up studies; reports.
Section 38A:3-6.5 - Application for admission to veterans' facility
Section 38A:3-6.7 - Temporary admission of disabled veteran
Section 38A:3-6.8 - Benefits to admitted persons
Section 38A:3-6.9 - Removal of member from veterans' facility
Section 38A:3-6.10 - Designation of State hospital as treatment unit for mentally ill veterans
Section 38A:3-6.11 - Requirements for admission of veteran to State treatment unit
Section 38A:3-6.13 - Four advisory councils created
Section 38A:3-6.14 - Duties of advisory councils
Section 38A:3-6.15 - Duties of Veterans' Memorial Cemetery Advisory Council - Arneytown
Section 38A:3-6.16 - Unclaimed property
Section 38A:3-6.17 - Functions, powers, duties transferred to Adjutant General
Section 38A:3-6.18 - Reference to Adjutant General
Section 38A:3-6.19 - Adjutant General, duties
Section 38A:3-7 - Rank and precedence
Section 38A:3-8 - Classes of personnel
Section 38A:3-9 - United States Property and Fiscal Officer
Section 38A:3-10 - Fees for services
Section 38A:3-11 - Certification of records
Section 38A:3-12 - Veterans' preference
Section 38A:3-13 - Quota; disabled veterans.
Section 38A:3-14 - Employment quota preference plan
Section 38A:3-15 - Departmental approval
Section 38A:3-17 - Council members entitled to reimbursement
Section 38A:3-18 - Selection of chairman, secretary
Section 38A:3-19 - Purpose of council; responsibilities.
Section 38A:3-20 - Report to Governor, Legislature
Section 38A:3-21 - Powers of council
Section 38A:3-22 - Present members not affected
Section 38A:3-24 - Definitions applicable to sections 4 through 11.
Section 38A:3-25 - Full-time course equivalents established.
Section 38A:3-26 - Tuition credit for eligible veterans.
Section 38A:3-27 - Schedule for tuition credit to eligible veteran.
Section 38A:3-28 - Amount of benefits.
Section 38A:3-29 - Reimbursement for tuition credit.
Section 38A:3-30 - Benefits not considered income to determine financial need.
Section 38A:3-31 - Apportionment of benefits.
Section 38A:3-32 - Definitions applicable to sections 12 through 16.
Section 38A:3-33 - Tuition assistance for Vietnam veterans.
Section 38A:3-34 - Allowable benefit amount for Vietnam veteran.
Section 38A:3-35 - Granting of tuition award after other sources of aid.
Section 38A:3-36 - Eligibility for program.
Section 38A:3-37 - Rules, regulations.
Section 38A:3-38 - Commission on Women Veterans.
Section 38A:3-39 - Membership of commission; terms; vacancies.
Section 38A:3-40 - Reimbursement of members.
Section 38A:3-41 - Organization, officers.
Section 38A:3-42 - Meetings, hearings.
Section 38A:3-43 - Public hearings.
Section 38A:3-44 - Assistance, services available to commission.
Section 38A:3-45 - Reports to Governor, Legislature, Deputy Commissioner.
Section 38A:3-46a - Registry of organizations providing services to military veterans.
Section 38A:3-47 - Veterans Haven Councils.
Section 38A:3-48 - Duties of Veterans Haven Councils.
Section 38A:3-49 - Assistance for travel for certain veterans.
Section 38A:3-51 - Findings, declarations relative to a Gold Star Family Counseling program.
Section 38A:3-52 - Definitions relative to a Gold Star Family Counseling program.
Section 38A:3-53 - "Gold Star Family Counseling Program."
Section 38A:3-54 - Immunity from civil liability.
Section 38A:3-55 - Grants for development, implementation.
Section 38A:3-56 - New Jersey Commission on Veterans' Benefits.
Section 38A:3-57 - Duties of commissioner.
Section 38A:3-58 - Strategic plan, reports.
Section 38A:4-1 - Eligibility, qualifications and administration
Section 38A:4-3 - Pay, allowances; $100 daily minimum for State active duty
Section 38A:4-4 - Leave of absence without loss of pay, exceptions.
Section 38A:4-6 - Exemption from jury duty
Section 38A:4-7 - Exemption from process
Section 38A:4-8 - Compensation exempt from legal process
Section 38A:4-11 - Retirement; detail to active duty
Section 38A:4-12 - Credit for war service
Section 38A:4-13 - Free passage on toll roads and other toll facilities
Section 38A:4-14 - Free passage through toll gates and over toll roads and facilities
Section 38A:5-1 - Nominating, appointing and commissioning of officers
Section 38A:5-2 - Oath of office
Section 38A:5-4 - Acceptance of commission not to vacate civil office
Section 38A:5-5 - Uniforms and equipment
Section 38A:5-6 - Examination as to fitness
Section 38A:5-7 - Resignation of officers
Section 38A:5-8 - Vacating commissions or warrants
Section 38A:5-9 - Unassigned list
Section 38A:6-1 - Terms of enlistment
Section 38A:6-2 - Oath of enlistment
Section 38A:6-3 - Who may administer oath of enlistment
Section 38A:6-4 - Extension of terms of service
Section 38A:7-1 - Organizations and units
Section 38A:7-2 - Use of designations
Section 38A:7-3 - Administration, discipline and training
Section 38A:7-4 - Federal recognition of officers and enlisted members
Section 38A:7-5 - Inactive National Guard
Section 38A:8-1 - Organization and composition
Section 38A:8-2 - Administration, discipline and training
Section 38A:8-3 - Inactive Naval Militia
Section 38A:9-1 - Organization and composition
Section 38A:9-2 - Governor may prescribe regulations
Section 38A:9-3 - Use of armories and equipment
Section 38A:10-1 - Persons subject
Section 38A:10-2 - Territorial applicability
Section 38A:10-3 - Military courts
Section 38A:10-4 - Trial by civil authority; when authorized
Section 38A:10-5 - Persons authorized to execute process
Section 38A:10-6 - Confinement of persons committed by military court
Section 38A:10-7 - Payment of fines; disposition
Section 38A:10-8 - Indemnity for action of military court
Section 38A:10-9 - Reporter and witness fees
Section 38A:10-10 - Fees of civil officers; costs; records
Section 38A:11-1 - Funds of disbanded organizations
Section 38A:11-2 - Bonds of officers responsible for funds and public property
Section 38A:11-3 - Financial and personal responsibility
Section 38A:11-4 - Liability for lost or destroyed property
Section 38A:11-5 - Value of lost or destroyed property chargeable to person at fault
Section 38A:11-7 - Recovery of moneys due for lost or destroyed property
Section 38A:11-8 - Action before Superior Court
Section 38A:11-9 - Seizure of military property
Section 38A:11-10 - Issuance of search warrant
Section 38A:11-11 - Delivery of property
Section 38A:11-12 - Loan of equipage and stores to veterans organizations
Section 38A:11-13 - Military property exempt from process of law
Section 38A:11-14 - Sale of military property
Section 38A:12-2 - Lease or conveyance of real property by a county or municipality
Section 38A:12-3 - Supervision of construction
Section 38A:12-4 - Construction costs
Section 38A:12-5 - Nonmilitary use
Section 38A:12-6 - Sale of surplus property
Section 38A:12-7 - Use of proceeds
Section 38A:12-8 - Purchase by county or municipality authorized
Section 38A:13-1 - Medical care and compensation
Section 38A:13-1.1 - Claim for compensation
Section 38A:13-1.2 - Other compensation or determination surrendered by militia member
Section 38A:13-2 - Basis of compensation
Section 38A:13-3 - Claimant subject to examination
Section 38A:13-4 - Board to consider claim
Section 38A:13-5 - Payment of claims
Section 38A:13-6 - Limitation on claims
Section 38A:13-8 - Death in line of duty; benefits
Section 38A:13-9 - Death benefit
Section 38A:13-10 - Findings, declarations relative to a veteran peer support telephone helpline.
Section 38A:13-11 - Establishment of helpline.
Section 38A:13-12 - List of credentialed health care providers.
Section 38A:13-13 - Quarterly consultations.
Section 38A:14-1 - Right of way while performing military duty
Section 38A:14-2 - Unlawful sale or detention of military property
Section 38A:14-3 - Discrimination against uniform.
Section 38A:14-4 - Depriving military service member of employment.
Section 38A:14-5 - New Jersey Stolen Valor Act.
Section 38A:14-6 - Trespass upon or destruction or damage of militia property
Section 38A:14-7 - Trespassers and disturbers may be placed in arrest
Section 38A:14-8 - Assault on troops
Section 38A:14-9 - Interference or failure to respond to order or call
Section 38A:14-10 - Gambling, auction sales and huckstery prohibited
Section 38A:15-1 - Faithful service medals
Section 38A:15-2 - Distinguished service, meritorious service medals.
Section 38A:15-4 - Creation of New Jersey POW-MIA medal; award, conditions.
Section 38A:15-5 - Requests for, issuance of medal.
Section 38A:15-6 - "POW-MIA Medal Fund;" use.
Section 38A:15-7 - Creation of New Jersey Honor Guard Ribbon.
Section 38A:15-8 - New Jersey Honor Guard Ribbon presented to certain military funeral buglers.
Section 38A:15-10 - New Jersey Global War on Terrorism Medal.
Section 38A:16-1 - Use without this State
Section 38A:16-2 - Permission to forces of other States
Section 38A:17-2 - "Emergency" defined
Section 38A:18-1 - "Emergency" defined
Section 38A:18-2 - Authority of Governor
Section 38A:18-3 - Subject matter of agreements or compacts with other States
Section 38A:18-4 - Governor's power to enter into interstate compacts not limited by act
Section 38A:19-1 - Statutes repealed
Section 38A:19-2 - Effect of repeal
Section 38A:19-3 - Act not to be printed in Pamphlet Law
Section 38A:19-4 - Effective date
Section 38A:20-1 - Statutes saved from repeal; compiled
Section 38A:20-2 - Interstate Compact for Mutual Military Aid in an Emergency
Section 38A:20-3 - Interstate Civil Defense and Disaster Compact
Section 38A:20-3.1 - Article XV of the Interstate Civil Defense and Disaster Compact on mutual aid.