N.J.S.A. 38A:3-2 — Personnel of department.

38A:3-2. Personnel of department. 38A:3-2. The Department of Military Affairs shall consist of: (a) The Adjutant General; (b) The deputy adjutant general; (c) The assistant adjutant general, New Jersey Army National Guard; (d) The assistant adjutant general, New Jersey Air National Guard; (e) Such officers of the organized militia, active or inactive, authorized by the Governor for duty therein; (f) Such clerks and employees as may be required, who may be detailed from the organized militia; (g) State headquarters for selective service; and (h) The organized militia. (i) (Deleted by amendment, P.L.2025, c.139) (j) (Deleted by amendment, P.L.2025, c.139) (k) (Deleted by amendment, P.L.2025, c.139) (l) (Deleted by amendment, P.L.2025, c.139) L.1963, c.109; amended 1984,c.181,s.4; 1987,c.444,s.5; 1988,c.138,s.6; 2025, c.139, s.75. 38A:3-2b4 Unclaimed 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. of section 2 of P.L.1983, c.385 (C.26:7-18.2), the right to receive the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the satisfaction of the Commissioner of Health, that a diligent effort, as defined in subsection a. of section 2 of P.L.1983, c.385 (C.26:7-18.2), has been made to identify, locate and notify a relative or friend of the deceased within that one-year period, as provided under section 2 of P.L.1983, c.385 (C.26:7-18.2). A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated, Brigadier General William C. Doyle Veterans� Memorial Cemetery, a State-operated veterans� memorial cemetery, a national veterans� memorial cemetery, or a local veterans memorial cemetery, if the individual is eligible for interment at those facilities. b. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans' organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct. L.2009, c.14, s.2; amended 2021, c.37, s.4. 38A:3-2b5 Drug testing required for certain employees of veterans memorial homes. 2. a. As a condition of employment as a direct care staff member at a New Jersey veterans memorial home, an applicant for employment shall consent to and undergo drug testing for controlled dangerous sub-stances as provided in subsection f. of this section. The drug testing shall be at the expense of the applicant. If a person applying for employment at a New Jersey veterans memorial home on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment. b. A person who is employed at a New Jersey veterans memorial home as a direct care staff member shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Adjutant General deems appropriate. The Adjutant General shall annually perform random drug tests on 100 direct care staff members. c. A person who is employed at a New Jersey veterans memorial home as a direct care staff member may be required to undergo drug testing for controlled dangerous substances if the employee�s immediate supervisor has reasonable suspicion to believe that the employee is illegally using a controlled dangerous substance, based on the employee�s visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the Adjutant General, and if the supervisor concurs that there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor shall notify the chief executive officer of the New Jersey veterans memorial home, or other executive level officer of the veterans memorial home designated by the Adjutant General, and request approval in writing for ordering the employee to undergo drug testing. Drug testing of an employee shall not be ordered without the written approval of the chief executive officer or other executive level officer designated by the Adjutant General. d. An employee who tests positive for the unlawful use of any controlled dangerous substance may be referred to employee advisory services, or terminated from employment, as applicable, based on the employee�s job title. An employee who refuses to submit to drug testing shall be terminated from employment. In all cases, however, the employee shall retain any available right of review by the Civil Service Commission. e. The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the Department of Military and Veterans� Affairs. f. Drug testing shall be performed by an outside drug testing facil-ity in a manner prescribed by the Adjutant General. g. The Adjutant General shall notify all affected employees of New Jersey veterans memorial homes of the provisions of this section. h. As used in this section, �direct care staff member� means a: Human Services Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech therapist; social worker; and any other staff member employed by a veterans memorial home who provides direct care to a resident at the facility, as determined by the Adjutant General. i. Pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), the Adjutant General shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities. L.2009, c.220, s.2. 38A:3-2b6 Financial planning assistance program for disabled veterans and their caregivers. 1. The New Jersey Department of Military and Veterans� Affairs, through its regional network of Veteran Service Offices, shall establish a financial planning assistance program for disabled veterans and their caregivers. The purpose of the program shall be to assist disabled veterans and their caregivers with planning for the financial burdens that may arise when a veteran is disabled and needs assistance with daily care and activities including, but not limited to, bathing, dressing, meal preparation, assistance with mobility, housekeeping, shopping, and driving or transportation. �Caregiver� shall mean a spouse, parent, child, relative or other person who is 18 years of age or older and who has the primary responsibility of providing daily care for the eligible veteran. �Disabled veteran� shall mean any citizen and resident of this State now or hereafter honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States, a Reserve component therof, or the National Guard and who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability. The Adjutant General of the Department of Military and Veterans' Affairs shall promulgate, in accordance with the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.2015, c.288. 38A:3-2b7 Weekly report on status of State veterans� homes. 1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Adjutant General of the Department of Military and Veterans� Affairs shall transmit a weekly report on the status of the State veterans� homes to the Commissioner of the Department of Health whenever a Public Health Emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), has been declared by the Governor and is in effect. The weekly report shall include: (1) the number of residents and staff in each veterans� home, including comparisons to previous reports; (2) any significant health risks posed to the residents and staff in each veterans� home due to the public health emergency; (3) any changes in operating procedures in each veterans� home due to the public health emergency; and (4) the amount of personal protective equipment available to residents and staff at each veterans� home. b. As used in this section: (1) �veterans� home� means the New Jersey Veterans' Memorial Home - Menlo Park, the New Jersey Veterans' Memorial Home - Vineland, and the New Jersey Veterans' Memorial Home - Paramus. (2) �personal protective equipment� means any items commonly used to protect an individual from bacterial or viral infections, including, but not limited to, disinfecting wipes, disposable gloves, disposable gowns, face shields, N95 face masks, surgical masks, or parts thereof. L.2021, c.214. 38A:3-2b8 Resident advocate at State veterans� memorial home. 1. a. The Division of Veterans� Healthcare Services in the Department of Military and Veterans� Affairs shall establish a position to be known as a resident advocate at each State veterans� memorial home. The resident advocate shall have a direct reporting relationship to the director of the division. b. The resident advocate shall: (1) act as a liaison between the State veterans� memorial home and each of the residents at the State veterans� memorial home; (2) receive complaints from residents at the State veterans memorial home; and (3) respond to any concerns or grievances from the residents at the State veterans� memorial home and, if appropriate, submit concerns or grievances to the State Long-Term Care Ombudsman. c. A resident advocate who receives an oral or written complaint from a resident at a State veterans� memorial home shall log the complaint from the resident on a written or electronic form. The division shall develop, publish, and distribute the written and electronic form to be used by the resident advocate. At a minimum, the written and electronic form shall contain spaces for the following information: (1) the name of the resident submitting the complaint; (2) the nature of the complaint; (3) whether the complaint is an emergency that requires an immediate response, a critical situation that requires a reasonably prompt response, or a noncritical situation that requires an appropriately timely response; and (4) a plan of action for the complaint and an estimate time frame within which the action will be taken. d. A resident advocate who fills out a form under subsection c. of this section shall provide one copy of the form to the resident submitting the complaint and one copy to the administrator of the State veterans� memorial home. The resident advocate shall also retain the advocate�s copy for not less than one year after the complaint is resolved. e. A State veterans� memorial home shall make every reasonable effort to make the resident advocate at that memorial home easily identifiable by posting the name and work hours of the resident advocate and shall make every reasonable effort to assure that the plan of action prepared by the resident advocate under paragraph (4) of subsection c. of this section is carried out within the time frame set forth in the plan of action. L.2021, c.219. 38A:3-2j Short title. 1. This act shall be known and may be cited as the Military and Defense Economic Ombudsman Act. L.2017, c.359, s.1. 38A:3-2k Military and Defense Economic Ombudsman. 2. There is hereby created in the Department of Military Affairs a Military and Defense Economic Ombudsman. The ombudsman shall be appointed by the Governor. The person appointed shall have expertise in the areas of defense, business, and governmental affairs and shall have been a resident of this State for at least 36 consecutive months immediately preceding appointment. Once appointed, the ombudsman shall continue to maintain residency in New Jersey and shall serve at the pleasure of the Governor and shall report to the Adjutant General. The office of the Military and Defense Economic Ombudsman may request and shall avail itself and utilize the services of any officer or employee of the Department of Military Affairs and of any other State department or agency, who shall render such assistance as the head of the principal department or agency may require without additional compensation. L.2017, c.359, s.2; amended 2025, c.139, s.76. 38A:3-2l Purpose, duties of ombudsman. 3. The purpose of the Military and Defense Economic Ombudsman shall be to coordinate and implement a strategy to fortify and ensure the economic vitality of the United States military installations in this State and to improve the economic environment for the defense industry in this State, in the face of evolving defense needs, by fostering productive interactions between federal, State, and local governments and overseeing efforts to position the State's military installations as hubs of development, innovation, and economic growth. It shall be the duty of the ombudsman to: a. identify the strengths and vulnerabilities of, and threats to, the current and future viability of the State's military installations in the context of changing defense plans and economic development needs; b. evaluate, report on, and recommend strategies and best practices to improve economic outcomes for the State's military installations and defense industry; c. promote and facilitate a coordinated approach to economic development related to the State's military installations and the industries that support them; d. promote opportunities for defense industry investments, work to create defense industry clusters at each military installation, and recommend significant development projects that would support the State's defense industry; e. develop productive relationships with the various governmental, industry, and community stakeholders involved in promoting the success of the State's military installations; f. disseminate information on the attributes and benefits of the State's military installations which make them attractive to current and future defense planning, business investment, and economic growth; and g. undertake any other duty consistent with the ombudsman's purpose and deemed appropriate by the Adjutant General. L.2017, c.359, s.3. 38A:3-2m Efforts to eliminate barriers to investment, growth. 4. The Military and Defense Economic Ombudsman shall undertake specific efforts to eliminate barriers to investment and growth by businesses and the defense industry in this State. In this endeavor, the ombudsman shall: a. act as the contact person for private businesses and industries for projects related to, supporting, and impacting the State's military installations, regardless of the size of the business or investment, during the permit approval and application process, to facilitate and advocate on behalf of the applicant with each appropriate State government department or agency, in a manner similar to the process established under P.L.2011, c.34 (C.52:14B-26 et seq.); b. in collaboration with any governmental or non-profit entity, undertake a targeted marketing campaign highlighting the economic growth sectors in the State's defense industry, including, but not limited to, aerospace, information technology, cyber security, biotechnology, bioscience, and engineering; c. make available information to federal contractors, improve access to that information, and foster relationships among the State, local, and federal stakeholders; d. establish a New Jersey Procurement Partnership Program to facilitate mentorship relations between smaller and larger companies; conduct procurement seminars; identify federal resources and make them readily accessible; and take advantage of available opportunities to create industry clusters around the State's military installations; e. promote the State's military installations by organizing Military Installation Resources for Growth events at each installation, thereby providing an opportunity for business, governmental, and community stakeholders and partners to meet and learn about current and emerging economic development and other opportunities at each installation; and f. in collaboration with the Office of the Secretary of Higher Education, foster synergies between institutions of higher education and the defense industry in this State, which may include, but shall not be limited to, developing a centralized database of higher education faculty contacts, their research areas, patented technologies, research centers and their facilities and equipment, and published academic articles, provided the database shall not include any information of a sensitive or classified nature or other information that may compromise the security of any person or institution of higher education. L.2017, c.359, s.4. 38A:3-2n Education and outreach efforts. 5. As part of its education and outreach efforts, and its purposes of promoting the State's military installations and developing productive relationships with the various governmental, industry, and community stakeholders, the Military and Defense Economic Ombudsman shall: a. organize an annual tour of the State's military installations for the New Jersey Congressional Delegation to inform the delegation of issues pertaining to each installation and provide them with information relevant to their work of ensuring the current and future viability of the State's military installations; b. provide accurate, current, and factual information about the State's military installations and their attributes to federal partners, including information to dispel misconceptions in the areas of air space, encroachment, and installation infrastructure, and to highlight the benefits and the current and future potential of each installation in the context of defense planning and economic growth; and c. establish and convene Commander Council meetings on a regular basis to meet directly with the commanding officers of each military installation and hear from them and other high-ranking officials concerning the specific operations and needs at each installation. L.2017, c.359, s.5. 38A:3-2o Annual report; rules, regulations. 6. a. The Military and Defense Economic Ombudsman shall submit an annual report to the Adjutant General detailing the activities undertaken during the previous year. b. The Adjutant General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt such rules and regulations as may be necessary to implement the provisions of this act. L.2017, c.359, s.6.

This is the verbatim text of N.J.S.A. 38A:3-2, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.