S1339

An Act creating a database for veteran separation documents, and supplementing chapter 3 of Title 38A of the New Jersey Statues.

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

1. a. The Department of Military and Veterans Affairs shall establish and maintain a database for veteran separation documents. The purpose of the database shall be to create a central location for storing digital copies of veteran separation documents, accessible only by a public agency, and accessible only for the purpose of determining the eligibility of a veteran or a veteran’s family member, as appropriate, to receive veteran benefits as provided by law.

b. The separation documents shall be submitted voluntarily by a veteran, and may be submitted posthumously by an immediate family member of a deceased veteran. Once the digital copy is made, the original separation document shall be returned to the veteran, or the veteran’s family member, as appropriate, without delay. At no time shall a fee be charged to a veteran or a veteran’s family member to submit a separation document; however, a nominal fee may be charged to cover fees associated with the return of the separation document via a mail delivery system.

c. The Department of Military and Veterans Affairs shall create a consistent and uniform process for granting access to the database, which shall include a process to confirm that the planned use of the separation document, to be indicated by the requesting public agency, is consistent with law.

The Adjutant General, or a designee, shall be responsible for determining whether any public agency seeking access to the database meets the criteria set forth therein. Any disputes regarding access to the database shall be adjudicated by the Adjutant General, and the determination of the Adjutant General shall be binding.

d. The department shall advertise and promote the use of the database on the website of the Department of Military and Veterans Affairs, and by other means as determined appropriate and necessary by the Adjutant General.

e. The database and the separation documents shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), and shall not be accessible under the common law concerning access to public records, and shall not be discoverable as a government record by any person, entity, or public agency, except upon a subpoena issued by a grand jury or a court order.

f. As used in this section:

“Public agency” means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department; the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch; and any independent State authority, commission, instrumentality or agency, including any public institution of higher education. The term also means any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, independent authority, agency, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions.

“Separation document” means a DD-214, DD-215, or DD-256 form, an NGB-22 form, or other approved separation document as outlined by State or federal law, and issued to a veteran.

“Veteran” means a person who served on active duty in the United States Armed Forces, a Reserve component thereof, or the National Guard of this State or another state.

g. Any person who uses the information disclosed pursuant to this act for a purpose other than as intended by this act shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be fined not less than $500 nor more than $1,000, or by imprisonment for not less than 10 nor more than 90 days, or both and, upon conviction for a second or subsequent violation, be punished by a fine of not less than $1,000 nor more than $2,000, or by imprisonment for not less than 10 nor more than 100 days, or both.

h. 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.

2. This act shall take effect on the first day of the sixth month next following enactment, except the Adjutant General may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

The Department of Military and Veterans Affairs will establish and maintain a database of veteran separation documents.

The purpose of the database will be to create a central location for storing digital copies of veteran separation documents such as a DD-214 or NGB-22 form. The database will only be accessible by a public agency and will only be accessible for the purpose of determining the eligibility of a veteran or a veteran’s family member, as appropriate, to receive veteran benefits.

The separation documents will be submitted voluntarily by the veteran or a family member, and may be submitted posthumously by an immediate family member of a deceased veteran.

Under the bill, “veteran” means a person who served on active duty in the United States Armed Forces, a Reserve component thereof, or the National Guard of this State or another state.

The department will determine the criteria for granting access to the database, which will include a procedure to confirm that the planned use of the separation document is consistent with law. The department will advertise and promote the use of the database on the department’s website. The database will not be subject to the provisions of the law commonly referred to as the open public records act or to the common law concerning access to public records, and any person who missuses the information contained in a separation document will be guilty of a disorderly person’s offense and subject to a fine, imprisonment, or both.

Veteran benefits require proof of service and proof of discharge. Discharge papers, also known as separation documents, provide this necessary information. A veteran must provide the separation document with each new application for a veteran benefit and the document can often become lost or worn. A central location for the digital storing of separation documents would streamline application processes, and prevent the documents from becoming lost or worn over time.