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New Jersey Statutes - Title 38A Military And Veterans Law
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- New Jersey Statutes 38A:1-1 Definitions.
38A:1-1. The following definitions apply to this Title: (a) "Militia" means all the military forces of this State, whether organized, ...
- New Jersey Statutes 38A:1-2 Composition of militia
38A:1-2. Composition of militia The militia, except as hereinafter provided, shall consist of all able-bodied citizens of this State and all other able-bodied persons residing ...
- New Jersey Statutes 38A:1-3 Classes of militia
The classes of the militia are: (a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and (b) ...
- New Jersey Statutes 38A:1-4 Exemptions from militia duty
The persons exempt from militia duty under Federal laws and regulations issued thereunder shall be exempt from militia duty in this State. In addition, the ...
- New Jersey Statutes 38A:1-5 Persons who may administer oaths
For the purposes of military justice and administration the following persons may administer oaths unless otherwise provided: (a) Such persons as are authorized to do ...
- New Jersey Statutes 38A:1-6 Federal regulations to govern
Federal laws and regulations, forms, precedents and usages relating to and governing the armed forces of the United States and the militia shall, insofar as ...
- New Jersey Statutes 38A:2-1 Governor to be commander-in-chief
The Governor, or other person administering the government, shall be the commander-in-chief of the militia of this State, except as to any part thereof called ...
- New Jersey Statutes 38A:2-2 Governor's staff
38A:2-2. The staff of the Governor shall consist of: (a) Executive: The Adjutant General of the State Department of Military and Veterans' Affairs. (b) Personnel: ...
- New Jersey Statutes 38A:2-3 Proclamation of martial law
Whenever the militia, or any part thereof, is employed in aid of civil authority, the Governor, if in his judgment the maintenance of law and ...
- New Jersey Statutes 38A:2-4 Militia ordered to active duty in certain cases
The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active ...
- New Jersey Statutes 38A:2-5 Call or order into Federal service
Whenever the militia, or any part thereof, is called or ordered into Federal service under Federal laws and regulations, the Governor shall order for such ...
- New Jersey Statutes 38A:2-6 Regulation by Governor
The Governor may prescribe regulations to carry out his functions and duties under this Title. Any such regulations which affect a Federally recognized component of ...
- New Jersey Statutes 38A:3-1 Principal department
38A:3-1. The Department of Military and Veterans' Affairs shall be a principal department in the executive branch of the State Government. L.1963, c.109; amended 1987,c.444,s.3; ...
- New Jersey Statutes 38A:3-1a Refer to Department of Military and Veterans' Affairs
Whenever any statute shall refer to the Department of Defense or the Department of Veterans' Affairs and Defense, the same shall mean the Department of ...
- New Jersey Statutes 38A:3-1.1 Findings, declarations
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 ...
- New Jersey Statutes 38A:3-1.2 Department, veteran defined
As used in chapter 3 of Title 38A of the New Jersey Statutes: a. "Department" means the Department of Military and Veterans' Affairs established pursuant ...
- New Jersey Statutes 38A:3-2 Personnel of department
38A:3-2. The Department of Military and Veterans' Affairs shall consist of: (a) The Adjutant General; (b) The deputy adjutant general; (c) The assistant adjutant general, ...
- New Jersey Statutes 38A:3-2a Divisions established
There is established in the department a Division of Veterans' Administrative Services, a Division of Veterans' Loans, Grants and Services, and a Division of Veterans' ...
- New Jersey Statutes 38A:3-2b Division of Veterans' Administrative Services
The Division of Veterans' Administrative Services shall: a. Supervise and operate the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland and ...
- New Jersey Statutes 38A:3-2b1 Transfer of veterans' remains
The Division of Veterans' Administrative Services in the Department of Military and Veterans' Affairs is directed to establish a program to oversee the transfer of ...
- New Jersey Statutes 38A:3-2b2 Establishment of program to appoint guardians for certain veterans
1. There is established in the Division of Veterans' Administrative Services in the Department of Military and Veterans' Affairs a program to assist an eligible ...
- New Jersey Statutes 38A:3-2b3 Duties of Adjutant General
2. The Adjutant General of the Department of Military and Veterans' Affairs shall: a. develop economic criteria for determining eligibility for financial assistance pursuant to ...
- New Jersey Statutes 38A:3-2b4 Unclaimed veterans' cremains, receipt by certain veterans' organization after one year.
2. a. A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall grant a qualified veterans' organization, as defined in subsection ...
- New Jersey Statutes 38A:3-2c Administrative services director.
31. The Division of Veterans' Administrative Services shall be under the immediate supervision of a director who shall be an honorably discharged ...
- New Jersey Statutes 38A:3-2d Division of Veterans' Loans, Grants and Services
32. The Division of Veterans' Loans, Grants and Services shall: a. Administer the Blind Veterans' Allowance Program; b. Administer the Paraplegic and Hemiplegic Allowance Program; ...
- New Jersey Statutes 38A:3-2d1 Transfer of moneys, property
14. a. All appropriations, grants, and other moneys available and to become available to the MIA/POW Tuition Assistance Program established pursuant to P.L.1975, c.331 (C.18A:71-61 ...
- New Jersey Statutes 38A:3-2e Loans, grants, services director
The Division of Veterans' Loans, Grants and Services shall be under the immediate supervision of a director who shall be an honorably discharged veteran qualified ...
- New Jersey Statutes 38A:3-2f Division of Training, Information and Referrals
The Division of Veterans' Training, Information and Referrals shall: a. Administer the operations of the Vietnam Veterans' Outreach Program; b. Administer all federal and State ...
- New Jersey Statutes 38A:3-2g Training, information, referrals director
The Division of Veterans' Training, Information and Referrals shall be under the immediate supervision of a director who shall be an honorably discharged veteran qualified ...
- New Jersey Statutes 38A:3-2h Salaries.
36. Each director shall receive such salary as may be established by the Adjutant General with the approval of the Civil Service ...
- New Jersey Statutes 38A:3-2i Retention of civil service rights
In the event that a director is appointed from persons holding positions in the career service of the State, the director shall retain, during his ...
- New Jersey Statutes 38A:3-2.2 Regulations
The Adjutant General, Department of Military and Veterans' Affairs, shall have the power to promulgate regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. ...
- New Jersey Statutes 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, ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 38A:3-3 Adjutant General
38A:3-3. The head of the Department of Military and Veterans' Affairs shall be the Adjutant General, who shall be appointed with the grade of major ...
- New Jersey Statutes 38A:3-4.1 Administrator
The Administrator of Veterans' Affairs shall be an honorably discharged veteran qualified by training and experience to perform the duties of the office and shall ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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' ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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, ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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: ...
- New Jersey Statutes 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. ...
- New Jersey Statutes 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: ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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, ...
- New Jersey Statutes 38A:3-8 Classes of personnel
38A:3-8. The personnel of the Department of Military and Veterans' Affairs shall consist of the following classes of persons: (a) Officers and enlisted members who ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 38A:3-10 Fees for services
38A:3-10. The Adjutant General may demand and receive, for the services herein enumerated, except for those in proof of pension, establishment of veteran status, exemption ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 38A:3-12 Veterans' preference
The department shall organize and administer a program of voluntary commitments by employers throughout the State to participate in a plan of veterans' preference in ...
- New Jersey Statutes 38A:3-13 Quota; disabled veterans
The plan of veterans' preference in private employment shall provide for the fixing of a quota of veterans by the Adjutant General for all participating ...
- New Jersey Statutes 38A:3-14 Employment quota preference plan
In the organization and administration of the employment quota preference plan, the Adjutant General, through appropriate federal, State and local agencies, shall: a. Enroll employers ...
- New Jersey Statutes 38A:3-15 Departmental approval
The department shall review and approve or disapprove all policies and work programs of State departments, agencies and instrumentalities relating to veterans' welfare, services or ...
- New Jersey Statutes 38A:3-16 Transfer of Council on Armed Forces and Veterans' Affairs to Department of Military and Veterans' 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 38A:3-23 Free tuition for dependent of prisoner of war, person missing in action; terms defined.
3. a. Any dependent of a prisoner of war or a person missing in action, upon his being accepted to pursue a course ...
- New Jersey Statutes 38A:3-24 Definitions applicable to sections 4 through 11.
4. As used in sections 4 through 11 of this act: a. "Approved course of study" means any curriculum ...
- New Jersey Statutes 38A:3-25 Full-time course equivalents established.
5. For the purposes of sections 4 through 11 of this act: a. (1) an institutional trade or technical course ...
- New Jersey Statutes 38A:3-26 Tuition credit for eligible veterans.
6. Any eligible veteran who desires tuition credit pursuant to this act, within eight years from the date of (a) his separation ...
- New Jersey Statutes 38A:3-27 Schedule for tuition credit to eligible veteran.
7. a. Each eligible veteran shall be entitled to tuition credit pursuant to this act in accordance with the following schedule: ...
- New Jersey Statutes 38A:3-28 Amount of benefits.
8. Benefits hereunder shall be in the form of tuition credits limited by the lesser of full tuition or: a. ...
- New Jersey Statutes 38A:3-29 Reimbursement for tuition credit.
9. Reimbursement for tuition credit shall be made by the State Treasurer to the approved educational institution upon certification by the institution ...
- New Jersey Statutes 38A:3-30 Benefits not considered income to determine financial need.
10. Any benefits granted to eligible veterans pursuant to this act shall not be considered income or an asset in determining ...
- New Jersey Statutes 38A:3-31 Apportionment of benefits.
11. In the event that the amount appropriated in any fiscal year is insufficient to carry out in full the provisions of ...
- New Jersey Statutes 38A:3-32 Definitions applicable to sections 12 through 16.
12. As used in sections 12 through 16 of this act: "Vietnam veteran" means a resident of this State who: ...
- New Jersey Statutes 38A:3-33 Tuition assistance for Vietnam veterans.
13. A Vietnam veteran, upon being accepted to pursue a course of study for an initial undergraduate degree in a public institution ...
- New Jersey Statutes 38A:3-34 Allowable benefit amount for Vietnam veteran.
14. A Vietnam veteran upon being accepted to pursue a course of study for an initial undergraduate degree at an independent college ...
- New Jersey Statutes 38A:3-35 Granting of tuition award after other sources of aid.
15. A tuition award shall not be granted pursuant to sections 13 and 14 of this act, unless the Vietnam veteran ...
- New Jersey Statutes 38A:3-36 Eligibility for program.
16. Eligibility for this program shall be limited to a period of five years from April 9, 1985. A Vietnam veteran shall ...
- New Jersey Statutes 38A:3-37 Rules, regulations.
17. The Department of Military and Veterans' Affairs shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt the ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 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 ...
- New Jersey Statutes 38A:4-1 Eligibility, qualifications and administration
Officers and enlisted members of the organized militia shall be commissioned, warranted or enlisted with such qualifications and administered under such regulations as the Governor ...
- New Jersey Statutes 38A:4-2 Rank
Rank of officers and enlisted members of the organized militia shall be determined by the same methods as are prescribed by Federal laws and regulations ...
- New Jersey Statutes 38A:4-3 Pay, allowances; $100 daily minimum for State active duty
38A:4-3. a. An officer or enlisted member ordered to State active duty shall receive the pay and allowances prescribed by Federal laws and ...
- New Jersey Statutes 38A:4-4 Leave of absence without loss of pay, exceptions.
38A:4-4. a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of ...
- New Jersey Statutes 38A:4-6 Exemption from jury duty
Every officer and enlisted member of the organized militia, during his service therein, shall be exempt from jury duty. L.1963, c. 109. ...
- New Jersey Statutes 38A:4-7 Exemption from process
No member of the organized militia shall be arrested on any warrant or other process, except for treason or a high misdemeanor, while going to, ...
- New Jersey Statutes 38A:4-8 Compensation exempt from legal process
The pay and allowances due or to become due to any member of the organized militia for military duty therein, and any compensation that may ...
- New Jersey Statutes 38A:4-11 Retirement; detail to active duty
(a) Any officer or enlisted member who shall have reached the age of 64 years shall be retired by the Governor. Any officer or enlisted ...
- New Jersey Statutes 38A:4-12 Credit for war service
For all purposes, officers and enlisted members who entered the active service of the United States in time of war by appointment or enlistment, or ...
- New Jersey Statutes 38A:4-13 Free passage on toll roads and other toll facilities
Any member of the New Jersey National Guard while going to, or returning from, any parade, encampment, drill, or meeting which he may be required ...
- New Jersey Statutes 38A:4-14 Free passage through toll gates and over toll roads and facilities
Any member of a reserve component of any of the Armed Forces of the United States while going to, or returning from, any parade, encampment, ...
- New Jersey Statutes 38A:5-1 Nominating, appointing and commissioning of officers
(a) The Governor shall nominate and appoint all general and flag officers of the militia, with the advice and consent of the Senate. (b) All ...
- New Jersey Statutes 38A:5-2 Oath of office
Except when a comparable oath is subscribed to under Federal laws or regulations, every officer shall take and subscribe to the following oath of office: ...
- New Jersey Statutes 38A:5-3 Acceptance of commission or warrant deemed resignation of other commissions or warrants
The acceptance of a commission or warrant in the militia shall be deemed a resignation by the person accepting the same of all other commissions ...
- New Jersey Statutes 38A:5-4 Acceptance of commission not to vacate civil office
Any citizen of this State may accept and hold a commission in the militia or in any reserve component of the Armed Forces of the ...
- New Jersey Statutes 38A:5-5 Uniforms and equipment
Officers shall provide themselves with the uniforms and equipment prescribed by applicable regulations. L.1963, c. 109. ...
- New Jersey Statutes 38A:5-6 Examination as to fitness
The Governor, whenever he deems it to be for the good of the service, may order any officer to appear before a board of examination. ...
- New Jersey Statutes 38A:5-7 Resignation of officers
An officer may resign his commission or warrant, but such resignation shall not become effective until it shall have been accepted by the Governor. L.1963, ...
- New Jersey Statutes 38A:5-8 Vacating commissions or warrants
The commission or warrant of an officer shall be vacated: (a) Upon acceptance by the Governor of the resignation of such officer; or (b) By ...
- New Jersey Statutes 38A:5-9 Unassigned list
There shall be an unassigned list for officers. An officer may be included in the unassigned list: (a) Pending acceptance of his resignation, or (b) ...
- New Jersey Statutes 38A:6-1 Terms of enlistment
Enlistments, reenlistments and extension of enlistments shall be for such periods as are prescribed by the Adjutant General by regulations except as otherwise provided by ...
- New Jersey Statutes 38A:6-2 Oath of enlistment
Except when a comparable oath of enlistment is subscribed to under Federal law or regulations, every person who enlists or re-enlists shall take and subscribe ...
- New Jersey Statutes 38A:6-3 Who may administer oath of enlistment
Any commissioned officer of the organized militia or any commissioned officer of the Armed Forces of the United States detailed to duty with any component ...
- New Jersey Statutes 38A:6-4 Extension of terms of service
If an emergency is declared by the President, Congress, the Governor or the Legislature, the Governor may by proclamation, in accordance with Federal and State ...
- New Jersey Statutes 38A:7-1 Organizations and units
The National Guard shall consist of those organizations and units which are or hereafter may be authorized by Federal law and regulations issued thereunder for ...
- New Jersey Statutes 38A:7-2 Use of designations
During the absence of any organization or unit of the National Guard in Federal service, its organization or unit designation shall not be given to ...
- New Jersey Statutes 38A:7-3 Administration, discipline and training
The administration, discipline and training of the National Guard shall conform to the applicable Federal and State laws and regulations. L.1963, c. 109. ...
- New Jersey Statutes 38A:7-4 Federal recognition of officers and enlisted members
Subject to such exceptions as may be set forth in Federal laws and regulations, or as otherwise prescribed by this Title, all officers and enlisted ...
- New Jersey Statutes 38A:7-5 Inactive National Guard
There may be an inactive National Guard consisting of officers and enlisted members. The composition, purposes and general regulations governing the same shall be in ...
- New Jersey Statutes 38A:8-1 Organization and composition
The Naval Militia may be organized, maintained and disbanded at the discretion of the Governor under applicable Federal laws and regulations. The Naval Militia shall ...
- New Jersey Statutes 38A:8-2 Administration, discipline and training
The administration, discipline and training of the Naval Militia shall conform to applicable Federal or State laws and regulations. L.1963, c. 109. ...
- New Jersey Statutes 38A:8-3 Inactive Naval Militia
There may be an inactive Naval Militia consisting of officers and enlisted members. Regulations governing the same will be as prescribed by the Governor. L.1963, ...
- New Jersey Statutes 38A:9-1 Organization and composition
The State Guard may be organized, maintained and disbanded at the discretion of the Governor at any time when additional defense forces are required and ...
- New Jersey Statutes 38A:9-2 Governor may prescribe regulations
The State Guard shall be organized, armed, equipped, maintained, disciplined, governed, administered and trained under such regulations as the Governor may prescribe, which shall conform, ...
- New Jersey Statutes 38A:9-3 Use of armories and equipment
The Governor may make available to the State Guard the facilities of the State armories and their equipment and such other State premises and property ...
- New Jersey Statutes 38A:10-1 Persons subject
All members of the organized militia, and all other persons lawfully called, ordered or drafted for duty in the organized militia from the dates they ...
- New Jersey Statutes 38A:10-2 Territorial applicability
(a) This chapter shall be applicable in all places within the State. It shall also apply to all persons subject to this chapter while serving ...
- New Jersey Statutes 38A:10-3 Military courts
38A:10-3. The military courts for the militia of this State shall be constituted like similar courts of the armed forces of the United States. They ...
- New Jersey Statutes 38A:10-4 Trial by civil authority; when authorized
In any case when the offense charged is also an offense against civil authority, the convening authority of a court-martial may, upon request of the ...
- New Jersey Statutes 38A:10-5 Persons authorized to execute process
All processes, writs, warrants and sentences of the military courts shall be directed to and executed by any sheriff, member of the State Police or ...
- New Jersey Statutes 38A:10-6 Confinement of persons committed by military court
The keepers and wardens of all municipal or county jails shall receive the persons committed to them by a military court, and shall confine them ...
- New Jersey Statutes 38A:10-7 Payment of fines; disposition
Fines shall be paid to the court imposing them, to the civil officer executing its process, or to the commanding officer of the organization of ...
- New Jersey Statutes 38A:10-8 Indemnity for action of military court
No action or proceedings for damages shall be prosecuted or maintained against a member of a military court, or persons acting under its authority or ...
- New Jersey Statutes 38A:10-9 Reporter and witness fees
Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for witnesses appearing in a civil ...
- New Jersey Statutes 38A:10-10 Fees of civil officers; costs; records
Fees for services of civil officers shall be the same as provided by law for services in civil courts. Costs will be levied and disbursed ...
- New Jersey Statutes 38A:11-1 Funds of disbanded organizations
The Adjutant General shall secure and hold in custody the funds of disbanded organizations after settling such necessary obligations as may be presented for payment ...
- New Jersey Statutes 38A:11-2 Bonds of officers responsible for funds and public property
Any officers to whom military property of the United States or of this State is issued or to whom public money is paid or who ...
- New Jersey Statutes 38A:11-3 Financial and personal responsibility
Every officer and enlisted member to whom public property has been or may hereafter be issued shall be financially and personally responsible to the State ...
- New Jersey Statutes 38A:11-4 Liability for lost or destroyed property
In case of the loss, damage or destruction of such property, the person to whom the same has been issued shall not be relieved from ...
- New Jersey Statutes 38A:11-5 Value of lost or destroyed property chargeable to person at fault
Except as otherwise provided in this chapter the value of the property lost, damaged or destroyed shall be charged against the person at fault. Such ...
- New Jersey Statutes 38A:11-6 Determination of value of lost or destroyed property and person chargeable therewith
The value of the lost, damaged or destroyed property, and the person to be charged with the value thereof, shall be determined by a surveying ...
- New Jersey Statutes 38A:11-7 Recovery of moneys due for lost or destroyed property
If any person at fault, or his surety, shall fail to pay the full value of the lost, damaged or destroyed property, the amount due ...
- New Jersey Statutes 38A:11-8 Action before Superior Court
38A:11-8. Any officer of the militia charged with the care and responsibility of public property may bring an action in the Superior Court against any ...
- New Jersey Statutes 38A:11-9 Seizure of military property
Any officer of the militia charged with the care or custody of property of any organization of the militia may seize and hold any uniforms, ...
- New Jersey Statutes 38A:11-10 Issuance of search warrant
Any municipal court or other court of competent jurisdiction, on complaint made by any officer of the militia charged with the care or custody of ...
- New Jersey Statutes 38A:11-11 Delivery of property
On finding such property, the court issuing such warrant shall order the property to be delivered to the officer making the complaint. L.1963, c. 109. ...
- New Jersey Statutes 38A:11-12 Loan of equipage and stores to veterans organizations
When any lawfully organized association of veterans of any war from this State shall apply to the Adjutant General for the temporary loan of camp ...
- New Jersey Statutes 38A:11-13 Military property exempt from process of law
The uniforms, arms and equipment, and other military property of the United States or this State shall be exempt from every process of law, except ...
- New Jersey Statutes 38A:11-14 Sale of military property
Unserviceable, unsuitable or surplus military property may, after a proper survey, be sold under such terms and regulations as may be prescribed by the Adjutant ...
- New Jersey Statutes 38A:12-1 Armories
38A:12-1. The Adjutant General is authorized to lease or acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the ...
- New Jersey Statutes 38A:12-2 Lease or conveyance of real property by a county or municipality
Whenever the title to any real property required for an armory or other military facility is vested in a county or municipality, such county or ...
- New Jersey Statutes 38A:12-3 Supervision of construction
38A:12-3. The Adjutant General shall, in compliance with the provisions of P.L. 1954, c. 48 (C. 52:34-6 et seq.), supervise the construction, repair and alterations ...
- New Jersey Statutes 38A:12-4 Construction costs
38A:12-4. The Adjutant General, on behalf of the State is authorized to make application for, and accept from, the federal government, or any agency thereof, ...
- New Jersey Statutes 38A:12-5 Nonmilitary use
38A:12-5. The Adjutant General may lease, rent or permit the use of any armory or other military and veterans' facility, or any part thereof, for ...
- New Jersey Statutes 38A:12-6 Sale of surplus property
38A:12-6. When any buildings and real property have been declared by the Adjutant General to be surplus or unsuitable for military or veterans' purposes and ...
- New Jersey Statutes 38A:12-7 Use of proceeds
The proceeds of any sale made pursuant to section 38A:12-6 of this Title shall be deposited as received with the State Treasurer and maintained by ...
- New Jersey Statutes 38A:12-8 Purchase by county or municipality authorized
The board of chosen freeholders of any county or governing body of any municipality may purchase any building and real property referred to in section ...
- New Jersey Statutes 38A:13-1 Medical care and compensation
A member of the organized militia who incurs an injury, disease or disability in the line of duty, and whose claim is approved by the ...
- New Jersey Statutes 38A:13-1.1 Claim for compensation
In any claim for compensation for injury or death from cardiovascular or cerebrovascular causes, the claimant shall prove by a preponderance of the credible evidence ...
- New Jersey Statutes 38A:13-1.2 Other compensation or determination surrendered by militia member
Any person who becomes a member of the organized militia of the State of New Jersey shall be deemed to have surrendered his right to ...
- New Jersey Statutes 38A:13-2 Basis of compensation
The earnings of the member in his civilian vocation shall be the basis for such compensation, but the basis shall not be less than the ...
- New Jersey Statutes 38A:13-3 Claimant subject to examination
The Adjutant General may order an examination of a claimant to be made from time to time by a medical officer or officers or physician ...
- New Jersey Statutes 38A:13-4 Board to consider claim
Notwithstanding the provisions of section 10 of P.L. 1978, c. 67 (C. 52:14F-8), contested case matters before the Department of Defense shall be presented to ...
- New Jersey Statutes 38A:13-5 Payment of claims
The amount found by the Adjutant General to be due a member or his dependent family shall be paid by the State in the same ...
- New Jersey Statutes 38A:13-6 Limitation on claims
A claim shall not be allowed unless it is presented to the Adjutant General within two years from the date of the injury, disease, disability ...
- New Jersey Statutes 38A:13-7 Rehearing
Upon application of any claimant made within six months of the notification to such claimant or his attorney of the determination, the Adjutant General may ...
- New Jersey Statutes 38A:13-8 Death in line of duty; benefits
In the event a member of the organized militia on active duty ordered by competent authority, is killed or dies within 2 years from injuries ...
- New Jersey Statutes 38A:13-9 Death benefit
38A:13-9. The death benefit provided for in section 1 of this act shall not be payable where there is a lump sum death benefit payable ...
- New Jersey Statutes 38A:14-1 Right of way while performing military duty
The commanding officer of any organization or unit of the organized militia parading or performing any military duty in any street or highway may require ...
- New Jersey Statutes 38A:14-2 Unlawful sale or detention of military property
Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by an officer or in any manner pledge or ...
- New Jersey Statutes 38A:14-3 Discrimination against uniform
Any person who shall exclude a person lawfully wearing a uniform of the militia from the equal enjoyment of any accommodation, facility or privilege furnished ...
- New Jersey Statutes 38A:14-4 Depriving members of the organized militia of employment
Any person who, either by himself or with another, willfully deprives a member of the organized militia of his employment or prevents his being employed ...
- New Jersey Statutes 38A:14-5 Impersonation by wearing of uniform, medal, insignia, fourth degree crime.
38A:14-5. Any person who knowingly, with intent to impersonate and with intent to deceive, misrepresents himself as a member or veteran of the United States ...
- New Jersey Statutes 38A:14-6 Trespass upon or destruction or damage of militia property
Any person who willfully trespasses upon any camp or parade ground, rifle range, armory or property lawfully used by or in connection with the militia, ...
- New Jersey Statutes 38A:14-7 Trespassers and disturbers may be placed in arrest
The commanding officer upon any occasion of duty may place in arrest during the continuance thereof, any person who shall trespass upon a camp or ...
- New Jersey Statutes 38A:14-8 Assault on troops
Any person who assaults, fires at, throws missile at, against, or upon any uniformed member or members of the militia or other person lawfully aiding ...
- New Jersey Statutes 38A:14-9 Interference or failure to respond to order or call
Any person who willfully interferes with the execution of any order or call for troops made by the Governor, and any person ordered or called, ...
- New Jersey Statutes 38A:14-10 Gambling, auction sales and huckstery prohibited
The commanding officer may prohibit and prevent all gambling, auction sales and the peddling of all kinds of merchandise within the limits of the post, ...
- New Jersey Statutes 38A:15-1 Faithful service medals
There may be issued to officers and enlisted members after at least 10 years active and faithful service in the organized militia an appropriate medal, ...
- New Jersey Statutes 38A:15-2 Distinguished service medals.
38A:15-2. The Governor may present in the name of the State of New Jersey a distinguished service medal of appropriate design, and ribbon ...
- New Jersey Statutes 38A:15-3 Awards
38A:15-3. The Adjutant General may procure and issue such service medals, ribbons, clasps, or similar devices as are authorized by the Legislature to be awarded ...
- New Jersey Statutes 38A:15-4 Creation of New Jersey POW-MIA medal; award, conditions.
1. a. The Governor may present in the name of the State of New Jersey a POW-MIA medal of appropriate design, and ribbon ...
- New Jersey Statutes 38A:15-5 Requests for, issuance of medal.
2. The Department of Military and Veterans' Affairs shall receive requests for, and issue, the medal to eligible individuals or their next-of-kin, ...
- New Jersey Statutes 38A:15-6 "POW-MIA Medal Fund;" use.
3. There is created in the Department of the Treasury a special, non-lapsing fund to be known as the "POW-MIA Medal Fund." ...
- New Jersey Statutes 38A:16-1 Use without this State
The military forces of this State, when not in Federal service, shall not be required to serve outside the boundaries of this State except: (a) ...
- New Jersey Statutes 38A:16-2 Permission to forces of other States
Any military or naval forces or any organization, unit, detachment or member thereof of another State who are in fresh pursuit of insurrectionists, saboteurs, enemies ...
- New Jersey Statutes 38A:17-1 Agreements with Governors of bordering States for protection of communication facilities
The Governor is authorized from time to time to enter into agreements with the Governors of any States bordering on New Jersey for the protection ...
- New Jersey Statutes 38A:17-2 "Emergency" defined
As used in this chapter the term "emergency" shall mean and include any disaster resulting from enemy attack, sabotage or other hostile action, or from ...
- New Jersey Statutes 38A:18-1 "Emergency" defined
As used in this chapter the term "emergency" shall mean and include invasion or other hostile action, disaster, insurrection or imminent danger thereof. L.1963, c. ...
- New Jersey Statutes 38A:18-2 Authority of Governor
With the prior or subsequent consent of the Congress of the United States, the Governor, on behalf of this State, is authorized to enter into, ...
- New Jersey Statutes 38A:18-3 Subject matter of agreements or compacts with other States
Such agreements or compacts may include but shall not be limited to provisions for joint military action against a common enemy; for the protection of ...
- New Jersey Statutes 38A:18-4 Governor's power to enter into interstate compacts not limited by act
Nothing contained in this chapter shall be construed as limiting, directly or indirectly, the power of the Governor to enter into interstate compacts or other ...
- New Jersey Statutes 38A:19-1 Statutes repealed
This act is a revision law and all acts and parts of acts inconsistent herewith are hereby superseded and repealed with all amendments and supplements ...
- New Jersey Statutes 38A:19-2 Effect of repeal
The repeal of any statute or part of a statute hereby effected shall not of itself revive any right or remedy abolished or superseded by ...
- New Jersey Statutes 38A:19-3 Act not to be printed in Pamphlet Law
This act shall not be printed in the Pamphlet Law of this or any other session of the Legislature. L.1963, c. 109, eff. July 1, ...
- New Jersey Statutes 38A:19-4 Effective date
This act shall take effect July 1, 1963. L.1963, c. 109, eff. July 1, 1963. ...
- New Jersey Statutes 38A:20-1 Statutes saved from repeal; compiled
The statutes contained in this chapter, which consists of Interstate Compacts, are saved from repeal without change in substance and are compiled herein for convenience ...
- New Jersey Statutes 38A:20-2 Interstate Compact for Mutual Military Aid in an Emergency
An Act concerning mutual military aid and assistance by and between the State of New Jersey and other States, in an emergency, and approving and ...
- New Jersey Statutes 38A:20-3.1 Article XV of the Interstate Civil Defense and Disaster Compact on mutual aid.
1. a. This article shall be in effect only as among those states which have enacted it into law or in which the ...
- New Jersey Statutes 38A:20-4 Short title.
1. This act shall be known and may be cited as "The Emergency Management Assistance Compact Act." L.2001,c.249,s.1. ...
- New Jersey Statutes 38A:20-5 Emergency Management Assistance Compact.
2. The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other state legally ...
Last modified: April 1, 2009
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