ASSEMBLY BILL NO. 4712
(First Reprint)
To the General Assembly:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Assembly Bill No. 4712 (First Reprint) with my recommendations for reconsideration.
Assembly Bill No. 4712 (First Reprint) establishes the Office of the Veteran Advocate in, but not of, the Department of Military and Veterans Affairs (“DMAVA”) and directs that it be transferred to the Department of Veterans Services if one is created. The Veteran Advocate is to be appointed by the Governor with the advice and consent of the Senate for no more than two five-year terms.
Aiming to ensure effective, appropriate, and timely services for veterans receiving care or services under State supervision, the bill directs and allows the Veteran Advocate to, among other things, act as a liaison with relevant federal agencies on behalf of veterans; investigate matters related to services provided by DMAVA, including incidents in which a veteran suffered serious injury; institute necessary legal proceedings; ensure that veterans receiving care or services under the supervision of DMAVA receive treatment in accordance with applicable law as well as timely, safe, and effective services and benefits; examine and provide recommendations for the care and services that DMAVA provides veterans; meet regularly with veteran advocacy groups; and appoint various personnel.
Further, under the bill, the Veteran Advocate may inspect and review the operations of the State’s Veterans Homes, hold public hearings, and conduct research audits or other studies of case records and policies. The Veteran Advocate must publish any findings of systemic deficiencies within DMAVA after discussing them with DMAVA; DMAVA must then publish a corrective action plan within 30 days. Finally, the Veteran Advocate will serve as an ombudsman for veterans in the State and their families.
I commend the bill’s sponsors for their advocacy on this critical issue. The creation of a Veterans Advocate represents a significant step in strengthening our support for veterans and their families. The Veteran Advocate will serve an integral role in providing both a voice to veterans and oversight of the State agency charged with caring for them.
However, I am concerned that the bill would establish a scope of duties and responsibilities for the Veteran Advocate that extends somewhat far beyond the State agency that it is charged with overseeing. The bill embues the Veteran Advocate with significant authority – the power to issue subpoenas, conduct investigations, and institute litigation or administrative proceedings – which could, as the bill currently stands, be applied in matters that do not implicate the actions, role, or responsibilities of DMAVA. Without the proper guardrails, I am concerned that this immense authority could be wielded in a way that places other interests before the interests of veterans and creates significant disruption in unrelated functions of government. Moreover, greater clarity with respect to coordination of matters with law enforcement agencies is needed to help avoid situations where confusion or conflict might otherwise result, with potential unintended and undesirable consequences like interfering with ongoing criminal investigations or disrupting or undermining significant criminal proceedings.
I am, therefore, with the valued partnership of my colleagues in the Legislature, recommending revisions to focus the Veteran Advocate’s investigatory and litigatory authority on the actions and performance of DMAVA and to provide clear direction for the Veteran Advocate to coordinate investigations and legal proceedings with law enforcement agencies when evidence of criminal activity is present. I am also proposing language to clarify that monies obtained by the Veteran Advocate that are not designated for a person whose interests are being represented by the Veteran Advocate will be deposited into the General Fund and to make other technical changes.
Accordingly, I herewith return Assembly Bill No. 4712 (First Reprint) and recommend that it be amended as follows:
Page 2, Section 1, Line 17: Delete “Services” and insert “Affairs”
Page 2, Section 1, Line 18: After “be” insert “established in the Department of Veterans Affairs. If the Department of Veterans Affairs is established after the effective date of this act, then the Office of the Veteran Advocate shall be”
Page 2, Section 1, Line 20: Delete “Services” and insert “Affairs”
Page 2, Section 1, Line 23: Delete “Services” and insert “Affairs”
Page 2, Section 1, Line 25: Delete “Services” and insert “Affairs”
Page 3, Section 3, Line 28: After “the” insert “provisions of this act and the”
Page 3, Section 3, Line 30: After “Advocate” insert “, except that in any matter where the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate”
Page 4, Section 3, Line 25: Delete “The” and insert “Except as provided in subsection f. of this section, the”
Page 4, Section 3, Line 45: Delete “‘veteran’” and insert
“‘State agency’ means any principal department, division, board, bureau, office, commission, or other instrumentality within in the Executive Branch of the State Government or created by a principal department, the Legislature of the State, and any office, board, bureau, or commission within or created by the Legislative Branch, and, to the extent consistent with law, any interstate agency to which New Jersey is a party, any independent State authority, commission, instrumentality, or agency, and any political subdivision of the State.
‘Veteran’”
Page 5, Section 3, Line 3: Insert “f. The Veteran Advocate shall not institute or cause to be instituted any legal proceeding against, nor shall it issue any subpoena to, any State agency, except that the Veteran Advocate may institute a legal proceeding against the department for which the allegations are supported by probable cause, provided that in any matter in which the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate. Such legal proceedings shall be governed by the Rules of Court, including, but not limited to, for the production of any documentary evidence, interrogatories, and depositions. Nothing in this act, P.L. , c. (C. )(pending before the Legislature as this bill) shall be construed as an express or implied waiver of any privileges or immunities.
g. The Veteran Advocate shall not be subject to suit by any party whose interests are represented by the Veteran Advocate. Any person whose interests would be represented by the Veteran Advocate may decline to have their interests represented by the Veteran Advocate.”
Page 7, Section 6, Line 1: Delete “a” and insert “the”
Page 7, Section 8, Line 39: Before “or” insert “and consistent with the provisions thereof, including but not limited to section 3 thereof,”
Page 8, Section 9, Line 20: After “veteran” insert “, the veteran’s estate,”.
Page 9, Section 13, Line 28: After “13.” Insert “a.”
Page 9, Section 13, Line 31: After “act.” Insert “b. Any monies obtained by the Veteran Advocate pursuant to any action brought by the Veteran Advocate pursuant to the provisions of this act, which monies are not for distribution to any claimant or other party or person whose interests are being represented by the Veteran Advocate, shall be deposited into the General Fund.”
[seal]
/s/ Philip D. Murphy
Governor
Attest:
/s/ Kate E. McDonnell
Chief Counsel to the Governor