Bill Text: NJ A1297 | 2024-2025 | Regular Session | Introduced


Bill Title: Requires DMVA establish veterans facility in Ocean or Monmouth County.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Military and Veterans' Affairs Committee [A1297 Detail]

Download: New_Jersey-2024-A1297-Introduced.html

ASSEMBLY, No. 1297

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblyman  ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Requires DMVA establish veterans facility in Ocean or Monmouth County.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning a veterans facility operated by the Department of Military and Veterans Affairs in Ocean or Monmouth County, supplementing chapter 3 of Title 38A of the New Jersey Statutes, and amending various parts of the statutory law. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  (New section) a.  The Department of Military and Veterans Affairs, in conjunction with the Department of the Treasury, shall initiate the purchase of real property suitable and appropriate, after improvements, for operation as a veterans' facility as defined in section 1 of P.L.1989, c.162 (C.38A:3-6.3).  The property shall be located in Ocean or Monmouth County, and shall be no more than one mile from an acute care facility.  The facility shall be named, the "Ronald S. Dancer Veterans Memorial Home."

     b.  As used in this section:

"Acute care facility" means any public general hospital operated and licensed by the State that provides hospital services such as medical and surgical, cardiac, psychiatric, and intensive and critical care; comprehensive rehabilitation; magnetic resonance imaging and computerized tomography, lithotripsy; and renal dialysis.

"Improvements" means any actual or proposed physical changes to real property resulting from the provision of work, services, or material by a contractor, subcontractor, or supplier pursuant to a contract, and includes the demolition, clearance, removal, relocation, renovation, alteration, construction, reconstruction, installation, or repair of a building or structure.  "Improvement" also includes, but is not limited to, excavation, digging, drilling, drainage, irrigation, land clearance, grading, or landscaping. 

     c.  An amount to be determined by the Department of Military and Veterans Affairs, in conjunction with the Department of the Treasury, shall be appropriated annually from the General Fund to the Department of Military and Veterans Affairs for such purchase of the real property and for the improvements thereto, and including, but not the limited to, for costs associated therewith such as the costs of appraisal, economic and environmental analyses, or engineering, planning, design, architectural, survey, or other professional services. 

     d.  The veterans' facility shall be fully operational within five years following the effective date of this act, P.L.   , c.   (C.   )(pending before the Legislature as this bill).  

     The veterans' facility shall provide transportation to and from the acute care facility for hospital services as deemed necessary and appropriate by the administrator or assistant administrator. 

     e.  The Adjutant General and the State Treasurer shall prepare and submit periodic reports a least once every six months to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the progress of the veterans' facility established pursuant to this section.

 

     2.  Section 30 of P.L.1987, c.444 (C.38A:3-2b) is amended to read as follows: 

     30.  The Division of Veterans' Healthcare Services shall supervise and operate the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland [and] , the New Jersey Veterans' Memorial Home-Paramus, and the Ronald S. Dancer Veterans Memorial Home.

     The administrator and at least one assistant administrator at a State veterans' memorial home shall have prior experience in a clinical setting, including training or expertise in long-term care treatment.

     As used in this section, "clinical" means directly pertaining to the observation, diagnosis, treatment, or rehabilitation of an individual in a hospital, long-term care facility, rehabilitation center, or other similar facility and not through research.

(cf: P.L.2021, c.218, s.1)

 

     3.  Section 1 of P.L.2021, c.214 (C.38A:3-2b7) is amended to read as follows: 

     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, and the Ronald S. Dancer Veterans Memorial Home.

     (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.

(cf: P.L.2021, c.214, s.1)

 

     4.  N.J.S.38A:3-6 is amended to read as follows: 

     38A:3-6.  Under the direction of the Governor, the Adjutant General shall:

     (a)   Exercise control over the affairs of the Department of Military and Veterans' Affairs and in connection therewith make and issue such regulations governing the work of the Department of Military and Veterans' Affairs and the conduct of its employees as may, in his judgment, be necessary or desirable.

     (b)   Be the request officer of the Department of Military and Veterans' Affairs within the meaning of such term as defined in section 1 of P.L.1944, c.112 (C.52:27B-1).

     (c)   (Deleted by amendment, P.L.1988, c.138.)

     (d)   Command the organized militia of the State, with responsibility for recruiting, mobilization, administration, training, discipline, equipping, supply and general efficiency thereof.  He may issue such regulations and delegate such command functions as he shall deem necessary. The regulations so issued shall, insofar as possible, conform to the federal laws and regulations concerning the same.

     (e)   Maintain the archives and be the custodian of the records and papers required, by laws or regulations, to be filed with the Department of Military and Veterans' Affairs.

     (f)   Supervise, administer and coordinate those activities of the selective service system for which the Governor is responsible.

     (g)   Acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the name of and for the use of the State of New Jersey, all those parcels of land as shall be necessary for armories and other militia facilities, and supervise the design, construction, alteration, maintenance and repair of said property.

     (h)   Establish and maintain such headquarters as may be required for the militia.

     (i)    Exercise the powers vested in him and perform such other duties and functions as required of him by the Governor and by federal and State laws and regulations.

     (j)    Exercise all of the functions, powers and duties heretofore vested in the Director of the Division on Veterans' Programs and Special Services.

     (k)   Appoint and remove officers and other personnel employed within the department, subject to the provisions of N.J.S.38A:3-8 and Title 11A of the New Jersey Statutes and other applicable statutes, except as herein otherwise specifically provided.

     (l)    Have authority to organize and maintain an administrative division and to assign to employment therein secretarial, clerical and other assistants in the department or the Adjutant General's Office for the purpose of providing centralized support to all segments of the department, including budgeting, personnel administration and oversight of equal opportunity programs.

     (m)  Perform, exercise and discharge the functions, powers and duties of the department through such divisions as may be established by this act or otherwise by law.

     (n)   Organize the work of the department in divisions not inconsistent with the provisions of this act and in bureaus and other organizational units as the Adjutant General may determine to be necessary for efficient and effective operation.

     (o)   Adopt, issue and promulgate, in the name of the department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be authorized by law.

     (p)   Institute, or cause to be instituted, legal proceedings or processes as necessary to properly enforce and give effect to any of the Adjutant General's powers or duties.

     (q)   Make an annual report to the Governor and to the Legislature of the department's operations, and render other reports as the Governor shall from time to time request or as may be required by law.

     (r)    Coordinate the activities of the department, and the several divisions and other agencies therein, in a manner designed to eliminate overlapping and duplicative functions.

     (s)   Integrate within the department, so far as practicable, all staff services of the department and of several divisions and other agencies therein.

     (t)    Request access to all relevant files and records of other State agencies, which may be made available to the Adjutant General by the head of a State agency, and request, subject to the permission of the head of the State agency, any officer or employee therein to provide information as necessary to assist in the performance of the functions of the department.

     (u)   Supervise and operate the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland, the New Jersey Veterans' Memorial Home-Paramus [and] , the New Jersey Veterans' Memorial Cemetery-Arneytown, and the Ronald S. Dancer Veterans Memorial Home.

     (v)   Supervise and operate the liaison office and the field offices which serve the federal Veterans' Affairs Medical Centers.

     (w)  Make application for federal grants and programs, other than education grants or funds.

     (x)   Administer the federally-funded training and rehabilitation programs, except for the administration of federally-funded education and training programs set forth in 38 U.S.C. s.36 et seq.

     (y)   Provide current information to the general public on State and federal veterans' programs and benefits; create a comprehensive public webpage for women veterans that includes, but is not limited to, the following information: veterans' legal rights, benefits, medical and insurance issues, education, the transition from active service to civilian life, and other resources available to veterans.

     (z)   Develop and administer the New Jersey Homeless Veterans Grant Program established pursuant to section 3 of P.L.2013, c.239 (C.38A:3-6.2b).

     (aa) Encourage and facilitate the registration of each service member residing in New Jersey with the United States Department of Veterans Affairs, or its successor agency.  Registration shall take place, as appropriate, when the service member returns from deployment on federal active duty or is discharged or as soon as possible thereafter.  The term "service member" shall mean members of the New Jersey National Guard and members of the United States Armed Forces, or a Reserve component thereof, when the information on each member is made available to the department. 

     (bb) Develop and coordinate a volunteer-based program comprised of former servicemembers to assist and mentor veterans who become involved with the criminal justice system, while criminal proceedings are pending and afterward, in accessing assistance to resolve the underlying problems that led or contributed to the veteran's involvement with the criminal justice system including, but not limited to, offering support and guidance, securing housing, employment linkages, job training, education, transportation, disability compensation claims, discharge status, health care and other linkages available at the local, State and federal level that can ease the challenge of reentry into civilian life.  In addition, the Adjutant General shall develop a registry of volunteer mentors and make the registry available pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).

     (cc) Prepare and disseminate a directory of Veterans Diversion Resource Program entities currently available within New Jersey pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).

     (dd) Create a comprehensive public webpage for Gold Star family members that includes, but is not limited to, the following information: State benefits; State and county liaisons; a list of service members from New Jersey killed in action; links to other Gold Star family organizations; and such other information and resources as the Adjutant General deems necessary and beneficial to a Gold Star family member.  A "Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption.

     (ee) Identify each New Jersey resident who enrolls in the United States Military Academy, United States Naval Academy, United States Coast Guard Academy, United States Merchant Marine Academy, or United States Air Force Academy, and issue a New Jersey State flag to that individual.

(cf: P.L.2019, c.283, s.1)

 

     5.  Section 11 of P.L.1989, c.162 (C.38A:3-6.13) is amended to read as follows: 

     11.  There is created within the Division of Veterans' Administrative Services in the Department of Military and Veterans' Affairs [four] five advisory councils to be known as:

      a.   The New Jersey Veterans' Memorial Home Advisory Council-Menlo Park;

      b.   The New Jersey Veterans' Memorial Home Advisory Council-Vineland;

      c.   The New Jersey Veterans' Memorial Home Advisory Council-Paramus;

      d.   The Ronald S. Dancer Veterans Memorial Home; and

      [d.] e.   The New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown.

      Each advisory council shall consist of seven members, at least five of whom are veterans, to be appointed by the Adjutant General with the approval of the Governor.  The term of each council member, except for the initial members, shall be three years commencing on July 1 and ending on June 30 of the third year thereafter, and any vacancy shall be filled for the unexpired term only.

     The initial membership of each veterans' facility advisory council, other than the New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown, shall include four of the persons serving on the effective date of this 1989 amendatory and supplementary act as members of the Veterans' Facilities Council.  The New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown shall include three of the persons serving on the effective date of this 1989 amendatory and supplementary act as members of the Veterans' Facilities Council.  All of the members who served originally on the Veterans' Facilities Council and who serve subsequently on an advisory council shall serve for the remainder of the term for which they had been appointed to the Veterans' Facilities Council. Additional and subsequent appointments shall be made in such manner that the terms of either two or three of the members of each advisory council shall expire on June 30 of each year.

     The members of the advisory council shall receive no compensation for their services but shall be reimbursed for actual expenditures incurred in the performance of duty.  They are subject to removal by the Adjutant General at any time for good and sufficient cause.

(cf: P.L.1989, c.162, s.11)

 

     6.  Section 2 of P.L.1991, c.378 (C.45:9-27.11) is amended to read as follows: 

     2.    As used in this act:

     "Accredited program" means an education program for physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency.

     "Board" means the State Board of Medical Examiners created pursuant to R.S.45:9-1.

     "Committee" means the Physician Assistant Advisory Committee established pursuant to section 11 of P.L.1991, c.378 (C.45:9-27.20).

     "Director" means the Director of the Division of Consumer Affairs.

     "Health care facility" means a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).

     "Institution" means any of the charitable, hospital, relief and training institutions, noninstitutional agencies, and correctional institutions enumerated in R.S.30:1-7.

     "Physician assistant" means a health professional who meets the qualifications under P.L.1991, c.378 (C.45:9-27.10 et seq.) and holds a current, valid license issued pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13).

     "Physician" means a person licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.

     "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, and the Ronald S. Dancer Veterans Memorial Home.

(cf: P.L.2015, c.224, s.1)

 

     7.  This act shall take effect on the first day of the sixth month next following enactment, except that the Department of Military and Veterans Affairs and the Department of the Treasury may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     Ocean and Monmouth County have two of the highest veteran populated counties in the State, with approximately 30,051 and 23,148 veterans respectively. 

     This bill requires the Department of Military and Veterans Affairs, in conjunction with the Department of the Treasury, to initiate the purchase of property for use as a veterans memorial home in Ocean or Monmouth County.  The memorial home will be named the Ronald S. Dancer Veterans Memorial Home after former Assemblyman Ronald S. Dancer.  Currently, there are three veterans memorial homes, located in Menlo Park, Vineland, and Paramus.

     The home will be no more than one mile from an acute care facility.  As defined in the bill, "acute care facility" means any public general hospital operated and licensed by the State that provides hospital services such as medical and surgical, cardiac, psychiatric, and intensive and critical care; comprehensive rehabilitation; magnetic resonance imaging and computerized tomography, lithotripsy; and renal dialysis.

     The departments will have suitable and appropriate improvements made to the property to operate as a veterans memorial home.  As defined in the bill, "improvements" includes any actual or proposed physical changes to real property resulting from the provision of work, services, or material by a contractor, or subcontractor. 

     An amount to be determined by the Department of Military and Veterans Affairs, in conjunction with the Department of the Treasury, will be appropriated annually from the General Fund to the Department of Military and Veterans Affairs for the purchase of the real property and for the improvements thereto.

     The veterans' facility must be fully operational within five years following the effective date of the bill, and will provide transportation to and from the acute care facility for hospital services as deemed necessary and appropriate by the administrator or assistant administrator. 

     The Adjutant General and the State Treasurer will prepare and submit periodic reports a least once every six months to the Legislature on the progress of the facility. 

     The bill also updates various sections of law to add the veteran home established by the bill to the other sections of law that concern the veteran memorial homes, including the supervision and operation of the homes, advisory councils, and reporting requirements. 

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