A5423

An Act concerning military family relief grants and supplementing Titles 54A and 38A of the New Jersey Statues.

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

1. a. There is established in the Department of the Treasury a separate, nonlapsing fund to be known as the “New Jersey Military Family Relief Fund.” Moneys in the “New Jersey Military Family Relief Fund” shall be held by the State Treasurer and made available for the purposes designated under section 2 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution shall be deposited in the separate, nonlapsing fund.

c. Any costs incurred by the Division of Taxation for collection or administration attributable to this act may be deducted from receipts collected pursuant to this act, as determined by the Director of the Division of Budget and Accounting. The State Treasurer shall deposit net contributions collected pursuant to this act into the “New Jersey Military Family Relief Fund.”

d. The Legislature shall annually appropriate all funds deposited in the “New Jersey Military Family Relief Fund” established pursuant to this section to the Department of Military and Veterans Affairs, which shall be credited with:

(1) moneys received by the State as gifts, grants, or donations for the purpose of military family relief, including, at the discretion of the Adjutant General, grants accepted by the Department of Military and Veterans Affairs pursuant to section 12 of P.L.1987, c.444 (C.38A:3-6.2);

(2) moneys that the Legislature may appropriate; and

(3) other moneys made available including, but not limited to, funds provided by the federal government.

2. a. The purpose of the “New Jersey Military Family Relief Fund” shall be to provide grants up to $2,500 to defray the costs of food, housing, medical services, and other essential expenses for (1) members of the United States Armed Forces, or a Reserve component thereof, and their families, (2) members of the New Jersey National Guard and their families, (3) veterans and their families, or (4) the surviving spouse of a member of the armed forces, or a reserve component thereof, a member of the national guard, or a veteran.

For the purposes of this subsection,

“veteran” means an individual who received an honorable discharge or a general discharge under honorable conditions from active service in any branch of the United States Armed Forces, or a Reserve component thereof, or the New Jersey National Guard.

b. The Adjutant General of the Department of Military and Veterans Affairs shall determine the application process, and shall establish the eligibility documentation required for a person to be considered a qualified applicant pursuant to this section. A qualified applicant seeking a grant shall submit an application in such form as shall be required by the department.

To be qualified, the applicant shall be a New Jersey resident and shall have resided in the State for a period of not less than 12 consecutive months immediately prior to submitting an application. An applicant shall provide documentation of financial hardship to the department in order to receive the grant. An applicant shall not receive a grant from the “New Jersey Military Family Relief Fund” more than once in any 12-month period.

c. The application shall be submitted to the Department of Military and Veterans Affairs, and upon approval, the department, if adequate moneys are available, shall issue the grant from the “New Jersey Military Family Relief Fund.” The Adjutant General may deny an applicant due to insufficient moneys available in the fund and shall notify the applicant of the denial. When funding is available, the department shall notify each qualified applicant who was denied a grant during the preceding 24 months due to a lack of sufficient moneys available and inform that applicant of the availability of funds.

d. The Adjutant General shall be responsible for determining whether any person seeking to be considered a qualified applicant under this section, for the purpose of receiving a grant from the “New Jersey Military Family Relief Fund,” meets the eligibility requirements and adjudicating an appeal from any person disputing this determination. The determination of the Adjutant General shall be binding.

3. The Adjutant General may adopt, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act, P.L. , c. (C. )(pending before the Legislature as this bill).

4. This act shall take effect immediately.

STATEMENT

This bill establishes the “New Jersey Military Family Relief Fund” and provides for a designation on the State gross income tax return that will permit taxpayers to make voluntary contributions to the military family relief fund.

Under the bill, a separate, nonlapsing fund to be known as the “New Jersey Military Family Relief Fund” is established in the Department of the Treasury. Moneys in the fund would be held by the State Treasurer and made available for the purposes of the bill. The purpose of the military family relief fund would be to provide grants up to $2,500 to defray the costs of food, housing, medical services, and other essential expenses for (1) members of the United States Armed Forces, or a Reserve component thereof, and their families, (2) members of the New Jersey National Guard and their families, (3) veterans and their families, or (4) the surviving spouse of a member of the armed forces, or a reserve component thereof, a member of the national guard, or a veteran.

The bill provides that the Legislature would annually appropriate all funds deposited in the “New Jersey Military Family Relief Fund” to the Department of Military and Veterans Affairs, which would be credited with:

(2) moneys that the Legislature may appropriate; and

(3) other moneys made available including, but not limited to, funds provided by the federal government.

Under the bill, the Adjutant General of the Department of Military and Veterans Affairs would determine the application process, and establish the eligibility documentation required for a person to be considered a qualified applicant, and issue the grant from the “New Jersey Military Family Relief Fund,” if adequate moneys are available, to those qualified applicants.

To be qualified, the applicant is required to be a New Jersey resident and must have resided in the State for a period of not less than 12 consecutive months immediately prior to submitting an application. An applicant must also provide documentation of financial hardship to the department in order to receive the grant and is prohibited from receiving a grant from the “New Jersey Military Family Relief Fund” more than once in any 12-month period.

Under the bill,