Creates database of veteran separation documents.

A1464

ASSEMBLY, No. 1464

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTWAN L. MCCLELLAN

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Assemblymen Simonsen and Rumpf

SYNOPSIS

���� Creates database of veteran separation documents.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

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

����
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 another 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 punished by a fine of 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 misuses
the information contained in a separation document will be guilty of a
disorderly person�s offense and subject to a fine, imprisonment, or both.