New Jersey Revised Statutes Title 38a - Military And Veterans Law

• Section 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, or active or inactive. (b)"National...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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)...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 38a:2-7 - Findings, Declarations Relative To A Permanent Tribute To Residents Serving In The Armed Forces.
  1.The Legislature finds and declares that: a.There are many men and women of this State who bravely serve this Nation and State in the...
• Section 38a:2-8 - Patriots Corner Established.
  2.There shall be established a permanent tribute to the men and women who are actively serving in the United States Armed Forces, the reserve...
• Section 38a:2-9 - Patriots Corner Tribute Fund.
  3.There is created in the Department of the Treasury a special, non-lapsing fund to be known as the Patriots Corner Tribute Fund. There shall...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 b....
• Section 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...
• Section 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...
• Section 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 veteran qualified by...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 Commission and the...
• Section 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...
• Section 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,...
• Section 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.)....
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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"...
• Section 38a:3-6.2b - "New Jersey Homeless Veterans Grant Program."
  3.There is established in the Department of Military and Veterans' Affairs the "New Jersey Homeless Veterans Grant Program." The purpose of this program shall...
• Section 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,...
• Section 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...
• Section 38a:3-6.2a - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Homeless Veterans Grant Program Act." L.2013, c.239, s.1.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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:...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 (C.52:27H-45 et seq.)...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 of...
• Section 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 or any combination of unit courses or...
• Section 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 offered at a nonaccredited school...
• Section 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 from active duty...
• Section 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: (1)For a period of...
• Section 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.for educational institutions regularly operated on...
• Section 38a:3-28.1 - Provision Of Certain Information To Surviving Beneficiary Of Deceased Service Member.
  1. a. Upon receipt of the notice from the United States Department of Defense of the death of a service member who resided in...
• Section 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 that the veteran...
• Section 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 financial need for...
• Section 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 sections 4 through...
• Section 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: a.served in the Armed Forces...
• Section 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 of higher education...
• Section 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 or university located...
• Section 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 has applied for...
• Section 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 be eligible for...
• Section 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 rules and regulations...
• Section 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"....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 regulations...
• Section 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 the...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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,...
• Section 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)...
• Section 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...
• Section 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...
• Section 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...
• Section 38a:5-5 - Uniforms And Equipment
  Officers shall provide themselves with the uniforms and equipment prescribed by applicable regulations. L.1963, c. 109.
• Section 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...
• Section 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....
• Section 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)...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 38a:13-10 - Findings, Declarations Relative To A Veteran Peer Support Telephone Helpline.
  1. a. The Legislature finds and declares that the Department of Military and Veterans' Affairs, in conjunction with Rutgers, The State University of New...
• Section 38a:13-11 - Establishment Of Helpline.
  2. a. The Department of Military and Veterans' Affairs shall establish, in coordination with University Behavioral HealthCare of Rutgers, The State University of New...
• Section 38a:13-12 - List Of Credentialed Health Care Providers.
  3.University Behavioral Healthcare of Rutgers, The State University of New Jersey shall maintain a list of credentialed military-oriented behavioral healthcare providers throughout the State...
• Section 38a:13-13 - Quarterly Consultations.
  4.In establishing the helpline authorized under the provisions of section 2 of this act, P.L.2011, c.116 (C.38A:13-11) the Adjutant General of the Department of...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 38a:14-5 - New Jersey Stolen Valor Act.
  38A:14-5. Any person who knowingly, with intent to impersonate and with intent to deceive, misrepresents oneself as a member or veteran of the United...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 to...
• Section 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...
• Section 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 to...
• Section 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, who shall use...
• Section 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." There shall be...
• Section 38a:15-7 - Creation Of New Jersey Honor Guard Ribbon.
  1. a. The Governor may present in the name of the State of New Jersey a New Jersey Honor Guard Ribbon of appropriate design...
• Section 38a:15-8 - New Jersey Honor Guard Ribbon Presented To Certain Military Funeral Buglers.
  1. a. The Governor may present in the name of the State of New Jersey a New Jersey Honor Guard Ribbon of appropriate design...
• Section 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:...
• Section 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,...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 38a:19-4 - Effective Date
  This act shall take effect July 1, 1963. L.1963, c. 109, eff. July 1, 1963.
• Section 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...
• Section 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...
• Section 38a:20-3 - Interstate Civil Defense And Disaster Compact
  An Act concerning interstate civil defense and ratifying on behalf of the State of New Jersey a compact therefor. (L.1951, c. 8. Approved March...
• Section 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 governors...
• Section 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.
• Section 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 joining therein in...

Last modified: October 11, 2016