[First Reprint]

ASSEMBLY, No. 2704

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 3, 1997

By Assemblyman BARNES and Assemblywoman BUONO

An Act concerning hepatitis inoculations and amending P.L.1993, c.227 ¹and N.J.S.2C:64-6¹.

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

    1. Section 2 of P.L.1993, c.227 (C.26:4-100.13) is amended to read as follows:

    2. a. There is created in the Department of Health and Senior Services the "Hepatitis Inoculation Fund," hereinafter referred to as the "fund." The fund shall be a separate, nonlapsing, revolving account and shall be administered by the Division of Epidemiology and Communicable Disease Control in the Department of Health and Senior Services and all moneys deposited in the fund pursuant to section 1 of P.L.1993, c.227 (N.J.S.2C:64-6) shall be used for the provision of hepatitis inoculations to the following persons, in order of eligibility, and for related administrative costs:

    (1) volunteer emergency medical technicians-ambulance and volunteer firefighters;

    (2) all other emergency medical technicians-ambulance, firefighters and police officers in squads or departments with less than 100 members; [and]

    (3) all other emergency medical technicians-ambulance, firefighters and police officers[.]; and

    (4) school employees as designated by the Director of the Division of Epidemiology and Communicable Disease Control.

    The Director of the Division of Epidemiology and Communicable Disease Control shall promulgate rules and regulations in order to effectuate the purposes of this fund.

    b. A person whose medical insurance policy pays for the full cost of the hepatitis inoculation shall not receive payment for an inoculation administered pursuant to subsection a. of this section. A person whose medical insurance policy pays for a portion of the cost of hepatitis inoculation may be reimbursed for the unpaid portion from the Hepatitis Inoculation Fund.

(cf: P.L.1993, c.227, s.2)

    ¹2. N.J.S.2C:64-6 is amended to read as follows:

    2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.

    The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.

    The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.

    b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).     c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and [in subsequent years] ending on the date of enactment of P.L. , c. (pending before the Legislature as this bill), 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

    d. Beginning on the date of enactment of P.L. , c. (pending before the Legislature as this bill), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).¹ (cf: P.L.1993, c.227, s.1)

    ¹[2.] 3.¹ This act shall take effect immediately.

Includes school employees who may be at risk of contacting hepatitis in the grouping of persons eligible for hepatitis inoculations.