reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-46 - Duties of department of transportation

26:2D-46. Duties of department of transportation
The Department of Transportation shall, within 1 year of the effective date of this act:
a. Complete a study evaluating all means of transportation serving affected counties and municipalities and, in conjunction with the Department of Health, develop an inventory of emergency transport vehicles. Such study shall be submitted to the department and the division, and relevant portions thereof shall be submitted by the department to municipalities charged with developing local emergency response plans for their use in preparing emergency response plans;
b. Prepare and submit to the department and the division for inclusion in the plan, and annually update, a radiation emergency transportation plan, which plan shall include, but not be limited to, the designation, construction, and maintenance of primary and secondary routes to be used by radiation emergency response personnel and the general public in the event of a radiation accident or threatened radiation accident, and the development of traffic management procedures sufficient to assure rapid access to and from any affected county or municipality.
L.1981, c. 302, s. 10, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-47 - Duties of department of energy

26:2D-47. Duties of department of energy
The Department of Energy shall, within 1 year of the effective date of this act:
a. Complete a study and evaluation of all existing emergency energy supplies available to the State and accessible to affected counties and municipalities in the event of a radiation accident or threatened radiation accident, and submit such study to the department and the division, and relevant portions shall be submitted by the department thereof to municipalities charged with developing local emergency response plans for their use in preparing emergency response plans; and
b. Develop and submit to the department and the division, for inclusion in the plan, and update annually, an emergency energy supply plan to assure that any area affected by a radiation accident or threatened radiation accident, will have access to sufficient energy supplies to implement any emergency response plans or procedures.
L.1981, c. 302, s. 11, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-48.1 - Additional assessment for provision of supplemental security.

26:2D-48.1 Additional assessment for provision of supplemental security.
2. To defray the costs incurred by the State in providing supplemental security, the State Treasurer shall annually make an assessment against the operator of each nuclear electric generating facility located in New Jersey.
The amount of the assessment shall be determined by the State Treasurer. In making that determination, the State Treasurer shall include the salaries of the State Police and State National Guard personnel assigned supplemental security duties, the costs of all necessary specialized equipment and training, and all other expenditures directly related to having the State provide supplemental security at each nuclear electric generating facility. The amount of the assessment so determined shall not exceed the actual aggregate costs incurred by the State in providing supplemental security at these facilities.
To the greatest extent practicable, the State Treasurer shall apportion the assessment among the operators to reflect the actual costs incurred by the State in providing supplemental security at each particular nuclear electric generating facility.
The assessment apportioned each operator shall be due and payable at a time and in a manner prescribed by the State Treasurer.
L.2006,c.35,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-48.2 - Operator not liable for assessment under certain circumstances.

26:2D-48.2 Operator not liable for assessment under certain circumstances.
3. Commencing with the Fiscal Year 2008, an operator of a nuclear electric generating facility shall not be liable for an assessment under section 2 of P.L.2006, c.35 (C.26:2D-48.1) if, prior to the commencement of any fiscal year, the Attorney General, after reviewing the findings and recommendations of the Director of the New Jersey Office of Homeland Security and Preparedness and the Superintendent of State Police, determines that the operator has an approved, privately funded security program in operation at its facility.
L.2006,c.35,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-49 - Objections; hearing

26:2D-49. Objections; hearing
Within 15 days after the date of mailing a statement as provided in this act, the operator of a nuclear electric generating facility against which the statement is rendered may file with the State Treasurer its objections thereto. Not less than 30 nor more than 60 days after giving notice thereof to the objecting utility, the State Treasurer shall hold a hearing on the objections.
L.1981, c. 302, s. 13, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 3, eff. July 1, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-50 - Determination by state treasurer; amended, invalid or valid statement

26:2D-50. Determination by state treasurer; amended, invalid or valid statement
If, after the hearing, the State Treasurer finds that any part of the charge against the objecting operator of a nuclear electric generating facility is excessive, erroneous, or invalid, he shall transmit to the operator of a nuclear electric generating facility, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the State Treasurer finds the entire statement invalid, he shall notify the objecting operator of a nuclear electric generating facility, by registered mail, of the determination, and the original statement shall be null and void. If the State Treasurer finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, he shall transmit notice thereof to the objecting utility by registered mail.
L.1981, c. 302, s. 14, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 4, eff. July 1, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-51 - Prohibition of action to restrain or delay payment; refund after payment

26:2D-51. Prohibition of action to restrain or delay payment; refund after payment
No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in compliance with the provisions of this act. An operator of a nuclear electric generating facility against which a statement is rendered shall pay the amount thereof, and after the payment may, in the manner provided by this act, at any time within two years from the date of the payment, bring against the State an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, or invalid in whole or in part.
L.1981, c. 302, s. 15, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 5, eff. July 1, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-52 - Failure to pay or file objections

26:2D-52. Failure to pay or file objections
If any affected operator of a nuclear electric generating facility, to which a statement for the amount assessed against it as provided in this act has been rendered, fails to pay the amount within 30 days, or fails to file with the State Treasurer objections to the statement as provided herein, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the affected operator of a nuclear electric generating facility anywhere within the State.
L.1981, c. 302, s. 16, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 6, eff. July 1, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-53 - Rules and regulations

26:2D-53. Rules and regulations
The department and the division are authorized in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), to jointly promulgate, adopt, and enforce any rules and regulations necessary or appropriate to carry out the purposes and intent of this act.
L.1981, c. 302, s. 17, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-54 - Inspection of buildings and places

26:2D-54. Inspection of buildings and places
The department and the division shall have the authority to enter and inspect any building or place for the purpose of determining compliance or noncompliance with the provisions of this act, any rules or regulations adopted pursuant thereto, or the plan.
L.1981, c. 302, s. 18, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-55 - Continuance and expiration of existing state radiation emergency plan

26:2D-55. Continuance and expiration of existing state radiation emergency plan
The existing State Radiation Emergency Plan, as contained in the PIPAG Manual (Procedures for Implementing Protective Action Guides), or any other radiation emergency plan approved pursuant to State or federal law shall continue in full force and effect until all emergency response plans required by this act are adopted.
L.1981, c. 302, s. 19, eff. Oct. 27, 1981. Amended by L.1984, c. 98, s. 7, eff. July 1, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-56 - Severability

26:2D-56. Severability
If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which the judgment shall have been rendered and it shall not affect or impair the validity of the remainder of this act or the application thereof to other persons.
L.1981, c. 302, s. 20, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-57 - Violations; penalty; injunction

26:2D-57. Violations; penalty; injunction
Any person who willfully violates this act or any rule, or regulation promulgated pursuant hereto, including the State Radiation Emergency Response Plan, shall be liable to a penalty of not more than $2,500.00 for each offense, to be collected by the department and the division in a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief is requested. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The department and the division are authorized to compromise and settle any claim for penalty under this section in an amount in their discretion as may appear appropriate in all these circumstances.
L.1981, c. 302, s. 21, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-58 - Advice of Governor's advisory council for emergency services

26:2D-58. Advice of Governor's advisory council for emergency services
In implementing the provisions of this act, the department and the division shall seek the advice of the Governor's Advisory Council for Emergency Services established pursuant to P.L.1972, c. 133.
L.1981, c. 302, s. 22, eff. Oct. 27, 1981.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-59 - Radon gas, progeny study

26:2D-59. Radon gas, progeny study
The Department of Environmental Protection shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health, safety, and welfare by the presence of radon gas and radon progeny in residential dwellings, schools, and public buildings in the State. The study shall identify the potential sources of contamination in the State, identify demographic, geologic, and geographic areas subject to an actual or potential threat or danger of contamination, and develop a cost-effective strategy for radon gas and radon progeny contamination testing. The study shall include recommendations for private actions to solve or alleviate potential health problems and any legislative or executive action that should be taken. The department shall prepare and transmit to the Governor and the Senate Institutions, Health and Welfare Committee and the General Assembly Agriculture and Environment Committee interim reports on its progress in implementing this section. The department shall transmit its first report on May 1, 1986 and subsequent reports every six months thereafter.
L. 1985, c. 408, s. 1, eff. Jan. 10, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-60 - Voluntary registry

26:2D-60. Voluntary registry
The Department of Health shall conduct an epidemiologic study of cancer and the presence of radon gas and radon progeny in residential dwellings and shall maintain a voluntary registry of persons at risk of radiogenic lung cancer. The department shall communicate promptly to persons on the registry new techniques for the prevention of mortality from the disease.
L. 1985, c. 408, s. 2, eff. Jan. 10, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-61 - Monitoring

26:2D-61. Monitoring
The Department of Environmental Protection and the Department of Health shall coordinate to establish a program of confirmatory monitoring of the presence of radon gas and radon progeny in residential dwellings, utilizing local health officers and the Department of Environmental Protection personnel.
L. 1985, c. 408, s. 3, eff. Jan. 10, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-62 - Public information and education program

26:2D-62. Public information and education program
The Departments of Environmental Protection and Health shall also coordinate to establish a public information and education program to inform the public of the potential health effects of the presence of radon gas and radon progeny in residential dwellings, and the presence of radium in potable water supplies, and the geographic areas in the State subject to an actual or potential threat of danger and the measures which can be taken to protect the health, safety, and welfare of the citizens of the State. This public information and education program shall include:
a. A cooperative program with county and local health departments to facilitate health education in response to requests from the public; and
b. A toll-free public telephone information service within the Department of Environmental Protection to answer questions from residents of the State concerning radon gas and radon progeny contamination, or radium contamination, or both, as the case may be. The availability of the public telephone information service shall be published in the major newspapers circulated in the geographic areas of this State subject to an actual or potential threat of danger from radon gas or radon progeny contamination, or from the presence of radium in potable water supplies, as appropriate.
L.1985, c.408, s.4; amended 1989,c.311,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-70 - Radon tester certification

26:2D-70. Radon tester certification
The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who test for the presence of radon gas and radon progeny in buildings.
L. 1986, c. 83, s. 1, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-71 - Radon mitigator certification

26:2D-71. Radon mitigator certification
The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who mitigate, and safeguard buildings from, the presence of radon gas and radon progeny.
L. 1986, c. 83, s. 2, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-72 - Mandatory programs

26:2D-72. Mandatory programs
Beginning 90 days after the establishment of the certification programs by the Department of Environmental Protection pursuant to sections 1 and 2 of this act, no person who is not certified pursuant to section 1 or section 2 of this act, as appropriate, shall test for, or mitigate or safeguard a building from, the presence of radon gas and radon progeny. The provisions of this section shall not apply to a person performing this testing or mitigation on a building which he owns, or to a person performing testing or mitigation without remuneration.
L. 1986, c. 83, s. 3, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-73 - Confidentiality

26:2D-73. Confidentiality
No person shall disclose to any person, except to the Department of Environmental Protection or the Department of Health, the address or owner of a nonpublic building that the person tested or treated for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality.
The provisions of this section shall not apply to a person performing testing or treatment on a building which he owns, or to instances where disclosure is necessary to contract for further testing or to contract for the mitigating and safeguarding of a building from the presence of radon gas and radon progeny. In the case of a prospective sale of a building which has been tested for radon gas and radon progeny, the seller shall provide the buyer, at the time the contract of sale is entered into, with a copy of the results of that test and evidence of any subsequent mitigation or treatment, and any prospective buyer who contracts for the testing shall have the right to receive the results of that testing.
L. 1986, c. 83, s. 4, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-74 - Disclosure to Department of Environmental Protection

26:2D-74. Disclosure to Department of Environmental Protection
A person certified pursuant to section 1 or 2 of this act to provide testing or mitigation services shall, within 30 days of the provision of these services, disclose to the Department of Environmental Protection the address or location of the building, the name of the owner of the building where the services were provided, and the results of any tests performed. The Department of Environmental Protection shall provide to the Department of Health this information upon the request of the Department of Health.
L. 1986, c. 83, s. 5, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-75 - Fee schedule

26:2D-75. Fee schedule
The department shall establish a fee schedule to cover the costs of the certification programs established pursuant to sections 1 and 2 of this act.
L. 1986, c. 83, s. 6, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-76 - Rules, regulations

26:2D-76. Rules, regulations
The department shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to implement the provisions of this act.
L. 1986, c. 83, s. 7, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-77 - 3rd degree crimes

26:2D-77. 3rd degree crimes
A person who violates the provisions of section 3, 4, or 5 of this act, or any rule or regulation adopted pursuant thereto, is guilty of a crime of the third degree.
L. 1986, c. 83, s. 8, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-78 - Not public records

26:2D-78. Not public records
For the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), health data relating to individuals and data relating to radon gas and radon progeny contamination at specific properties, including residential dwellings, gathered pursuant to the provisions of this act and the provisions of P.L. 1985, c. 408 (C. 26:2D-59 et seq.) shall not be deemed to be public records. The Department of Health and Environmental Protection shall destroy all information in their possession relating to the names and addresses of persons owning properties on which data were collected relating to radon gas and radon progeny contamination, at the end of five years from the date on which the data were collected.
L. 1986, c. 83, s. 9, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-79 - Specialized scientific personnel

26:2D-79. Specialized scientific personnel
The Departments of Environmental Protection and Health are authorized to employ persons with specialized scientific training necessary to implement the provisions of P.L. 1985, c. 408 (C. 26:2D-59 et seq.) without regard to the provisions of Title 11 of the Revised Statutes.
L. 1986, c. 83, s. 10, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-80 - New-house testing

26:2D-80. New-house testing
The Department of Community Affairs is authorized to enter into an agreement with a public or private agency to carry out testing for radon gas and radon progeny at the sites of residential dwellings, the construction of which is in progress or commences on or after the effective date of this act, and to provide funding for that testing, provided that each $1.00 of that funding is matched by $1.00 from other public or private sources.
L. 1986, c. 83, s. 11, eff. Aug. 14, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-81 - Findings, declarations

26:2D-81. Findings, declarations
The Legislature finds and declares that:
Tanning facilities are not regulated by the State of New Jersey and the number of tanning facilities is rapidly growing throughout the State; various physical complications can arise from frequent and unsupervised use of these tanning facilities such as, overexposure to ultraviolet radiation which can cause severe sunburn and eye injury including cataracts and corneal damage; repeated exposure to ultraviolet light in tanning facilities can also cause premature aging of the skin, skin cancers and abnormal skin sensitivity in persons who may be using certain drugs including some tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.
It is, therefore, desirable that citizens are protected against any problems which may result from improperly functioning equipment in tanning facilities, and given the potential for harm that is presented by establishments using artificial suntan sources, it is imperative that effective minimum safety standards in this health area be established.
L.1989, c.234, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-82 - "Tanning facility" defined

26:2D-82. "Tanning facility" defined
As used in this act: "tanning facility" means any location, place, area, structure or business that, either as a sole service or in conjunction with other services, provides patrons with access to sunlamps, ultraviolet lamps or other equipment intended to induce skin tanning through the irradiation of any part of the human body for cosmetic or nonmedical purposes.
L.1989, c.234, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-82.1 - Restrictions on use of tanning facilities by minors.

26:2D-82.1 Restrictions on use of tanning facilities by minors.
1. a. A tanning facility operator shall not permit a person who is under 17 years of age to use a tanning facility, except as provided in paragraph (1) of subsection b. of this section.
b. (1) A tanning facility operator shall permit a person who is at least 14 years of age to use spray tanning in a tanning facility.
(2) A tanning facility operator shall not permit a person who is under 17 years of age to use a tanning bed. A tanning facility operator shall permit a person who is at least 17 years of age to use a tanning bed, provided that the person's parent or guardian is present at the tanning facility for the initial consultation.
(3) An emancipated minor shall be exempt from the provisions of this subsection upon legal proof documenting said emancipation.
c. (Deleted by amendment, P.L.2013, c.39).
d. The penalties for violating the provisions of this section shall be as provided in section 7 of P.L.1989, c.234 (C.26:2D-87).
L.2006, c.48, s.1; amended 2012, c.17, s.147; 2013, c.39, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-83 - Minimum safety standards for tanning facilities established.

26:2D-83 Minimum safety standards for tanning facilities established.
3. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, but not be limited to:
a. Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;
b. A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;
c. A requirement that the facility operator post easily legible, permanent warning signs near the tanning equipment which state: "DANGER-ULTRAVIOLET RADIATION FOLLOW ALL INSTRUCTIONS";
d. A requirement that the facility have protective shielding for tanning equipment in the facility; and
e. A requirement that the facility operator post a sign in conspicuous view at or near the reception area which states: "PERSONS UNDER AGE 14 SHALL NOT BE PERMITTED TO USE SPRAY TANNING IN THIS TANNING FACILITY. PERSONS WHO ARE AT LEAST 17 YEARS OF AGE SHALL BE PERMITTED TO USE A TANNING BED IN THIS FACILITY PROVIDED THAT A PARENT OR LEGAL GUARDIAN IS PRESENT FOR THE INITIAL CONSULTATION."
L.1989, c.234, s.3; amended 2006, c.48, s.2; 2012, c.17, s.148; 2013, c.39, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-84 - Compliance with safety standards; certification, periodic inspections

26:2D-84. Compliance with safety standards; certification, periodic inspections
The local board of health in the municipality in which a tanning facility is located shall certify that a facility is in compliance with the safety standards established pursuant to section 3 of this act and shall periodically inspect the facility to ensure continued compliance with the standards.
L.1989, c.234, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-85 - "Non-Ionizing Radiation Fund."

26:2D-85 "Non-Ionizing Radiation Fund."
5. There is established in the Department of Health a nonlapsing revolving fund known as the "Non-Ionizing Radiation Fund." The fund shall be credited with all fees collected pursuant to this act. Interest on monies in the fund shall be credited to the fund, and all monies in the fund are appropriated for the purposes of this act.
L.1989, c.234, s.5; amended 2006, c.48, s.3; 2012, c.17, s.149.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-86 - Tanning facility; annual registration, fee.

26:2D-86 Tanning facility; annual registration, fee.
6. a. A tanning facility shall register annually with the Department of Health on forms provided by the department and shall pay to the department an annual registration fee.
b. The Department of Health shall establish a registration fee schedule, by regulation, to cover the costs of implementing the provisions of this act, including the costs incurred by local boards of health pursuant to section 4 of this act.
L.1989, c.234, s.6; amended 2006, c.48, s.4; 2012, c.17, s.150.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-87 - Violations, penalties.

26:2D-87 Violations, penalties.
7. A person who violates the provisions of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) is subject to a penalty of $100 for the first offense and $200 for each subsequent offense, except that a tanning facility operator who violates the provisions of section 1 of P.L.2006, c.48 (C.26:2D-82.1) concerning a minor's use of the tanning facility is subject to a penalty of $1,000 for the first offense, $2,000 for the second offense, and $2,000 and a five-day suspension of the facility's registration and operation for a third and subsequent offense. The penalty shall be sued for and collected in a court of competent jurisdiction in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
A penalty recovered under the provisions of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) shall be recovered by and in the name of the Commissioner of Health or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board of health into the treasury of the municipality where the violation occurred.
L.1989, c.234, s.7; amended 2006, c.48, s.5; 2012, c.17, s.151; 2013, c.39, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-88 - Rules, regulations.

26:2D-88 Rules, regulations.
8. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall promulgate rules and regulations necessary to carry out the purposes of this act.
L.1989, c.234, s.8; amended 2006, c.48, s.6; 2012, c.17, s.152.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2D-89 - Report to Governor, Legislature.

26:2D-89 Report to Governor, Legislature.
4. The Commissioner of Health shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than two years after the effective date of P.L.2013, c.39, on the number and details of violations of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) found at tanning salons.
L.2013, c.39, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-1 - Short title

26:2F-1. Short title
This act shall be known as the Public Health Priority Funding Act of 1977.
L.1966, c. 36, s. 1. Amended by L.1977, c. 332, s. 1, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-2.1 - Legislative findings and declaration

26:2F-2.1. Legislative findings and declaration
2. The Legislature finds and declares that there exists in New Jersey a serious and increasing incidence of various communicable and chronic diseases, such as cancer, hypertension, heart disease, diabetes, sexually transmitted infection, and substance use disorder, which requires a continuing commitment of public health personnel and resources; and that there has been in recent years diminished financial support for agencies engaged in providing primary prevention programs.
The Legislature also recognizes that there exists a framework for the provision of such services at the municipal, regional and county levels but that changing socio-economic, environmental and technological conditions warrant a redirection of the ways of addressing these health problems. The Legislature finds that there should be provided funds to support certain public health priority activities.
L.1977, c. 332, s. 2, eff. Jan. 23, 1978; amended 2023, c.177, s.82.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-6.1 - Public health priority funds for each municipality; determination; formula

26:2F-6.1. Public health priority funds for each municipality; determination; formula
Public health priority funds for each municipality within the local health agency shall be determined by the following formula:
PHPF=(p/c factor x nip x (2-rfs)) + (p/c factor x snp)
PHPF =Public health priority fund
p/c factor=Per capita amount deemed necessary to provide priority health services
NIP =Noninstitutional population
SNP =Special needs population
RFS =The relative fair share factor of a municipality, and is the ratio that the equalized valuation of a municipality divided by its noninstitutional population bears to the total equalized valuation of all municipalities divided by the noninstitutional population of the State. The equalized valuation for each municipality is the equalized valuation promulgated by the Director of the Division of Taxation pursuant to P.L.1954, c. 86 (C. 54:1-35.1) plus the amount determined by dividing the sum of the amounts received by the municipality for personal property tax replacement pursuant to P.L.1966, c. 135 (C. 54:11D-1 et seq.) and from public utility franchise and gross receipt taxes pursuant to P.L.1940, c. 4 (C. 54:30A-16 et seq.) by the equalized tax rate of the municipality. The equalized tax rate of a municipality is determined by dividing the amount on which the local tax rate is computed, as indicated in the table of aggregates prepared pursuant to R.S. 54:4-52, by the equalized valuation promulgated by the Director of the Division of Taxation. For any municipality whose ratio is one-half or less, its factor shall be zero. For any municipality whose ratio is greater than two, its factor is two.
L.1977, c. 332, s. 4, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-6.2 - Use of public health priority funds

26:2F-6.2. Use of public health priority funds
Public health priority funds shall be used only for the support of priority health services provided by the local health agency, and shall not be provided for use in substitution for the mean annual expenditures for health purposes of the agency during the 2 years immediately preceding the year for which public health priority funds are requested.
L.1977, c. 332, s. 5, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-7 - Special projects and development fund, established; grants.

26:2F-7 Special projects and development fund, established; grants.
7. (a) There is hereby established a special projects and development fund which shall consist of all funds appropriated or otherwise made available for the purposes set forth in this section. The commissioner, with the approval of the Public Health Council, may make grants from the special projects and development fund to local health agencies, to hospitals, and to voluntary health agencies to provide State health assistance for new health services and for special health projects in order to stimulate continued development of health services and to assure the citizens of New Jersey the benefits of the most advanced health protection techniques.
(b) Except as provided in subsection (c) of this section, grants from the special projects and development fund for specific purposes shall be made on an annual basis for a period not in excess of 5 years and such grants shall be in diminishing amounts during this period. The commissioner shall determine the conditions applicable to each such grant including the extent of local financial participation to be required. Grants from the special projects and development fund to voluntary health agencies shall not exceed 40% of said fund.
(c) (1) Grants from the special projects and development fund shall be made on an annual basis to local health agencies for local enforcement efforts concerning the sale and commercial distribution of tobacco products to persons under the age of 21 years, in an amount determined by the commissioner. The grants shall be distributed based on the number of cigarette retail dealer and vending machine licenses issued within a local health agency's jurisdictional authority in order to ensure Statewide coverage and Statewide consistency of enforcement efforts; except that the commissioner may designate up to 5% of available funds, annually, for incentive grants to local health agencies to enhance enforcement efforts.
Each grant recipient shall report quarterly to the commissioner on the number of compliance check inspections it has completed and the results of those compliance checks. The commissioner shall determine any other conditions applicable to the grants.
(2) Beginning in 1999, notwithstanding the provisions of paragraph (1) of this subsection to the contrary, the commissioner may make grants from the special projects and development fund to public and private local agencies to reduce teenage use of addictive substances.
L.1966, c.36, s.7; amended 1995, c.320, s.1; 2005, c.384, s.2; 2017, c.118, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-8 - Qualification for grant by local health agency

26:2F-8. Qualification for grant by local health agency
A local health agency may qualify for a grant under one or more of the sections of this act.
L.1966, c. 36, s. 8. Amended by L.1977, c. 332, s. 6, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-9 - Public health priority funding; notification; application

26:2F-9. Public health priority funding; notification; application
Pending final passage of the applicable General Appropriations Act, the commissioner shall notify each eligible local health agency as to the priority health services and the amount of public health priority funds estimated to be payable during the next calendar year to provide these services. On or before a date set by the commissioner, the health officer of each local health agency, or in his absence another person designated by the official body under which the local health agency operates, may submit an application for public health priority funds for the following calendar year. The application shall include the budget of the agency, the plan of work and such other information as the commissioner may require, to be presented in a form prescribed by the commissioner. It shall be the responsibility of the applicant to describe in detail in the application how all the public health priority services will be met by the local health agency. The application shall be certified, under the penalties of perjury, as true to the best knowledge of the person making it.
L.1966, c.36, s.9; amended 1977, c.332, s.7; 1989,c.64,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-11 - Payments

26:2F-11. Payments
The sum payable as public health priority funds to each local health agency shall be payable one-half on July 1, and one-half on January 1. Payments shall be made by the State Treasurer upon certificate of the commissioner and warrant of the Director of the Division of Budgeting and Accounting.
L.1966, c. 36, s. 11. Amended by L.1977, c. 332, s. 8, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-12 - Audit by commissioner; examination of agency records; unexpended funds and audit exceptions; return; disposition

26:2F-12. Audit by commissioner; examination of agency records; unexpended funds and audit exceptions; return; disposition
In order to insure that the public health priority funds are expended in conformance with the provisions of this act, the commissioner shall, when he deems it in order, have an audit made of the expenditures of moneys and of services provided by the local health agency receiving public health priority funds and shall, when he shall deem it necessary, have examined all books, papers and vouchers of the agency and its fiscal agent shall have free and unrestricted access thereto for that purpose.
Following fiscal audits, all unexpended public health priority funds and audit exceptions as determined by the commissioner shall be returned to the State Department of Health within 3 months of notification. Such funds shall be expended for priority health services in accordance with the standards of performance and made available as special grants to local health agencies upon application and amounts approved by the commissioner with concurrence of the Public Health Council.
L.1966, c. 36, s. 12. Amended by L.1977, c. 332, s. 9, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-13 - Failure to provide or meet standards for priority health services; reduction or discontinuance of aid; late application or report; penalty

26:2F-13. Failure to provide or meet standards for priority health services; reduction or discontinuance of aid; late application or report; penalty
When it has been determined that a local health agency fails to provide priority health services in accordance with standards of performance called for in its plan of work as stated in its application for public health priority funds or ceases to comply with the criteria for participation, public health priority funds may be reduced or discontinued by the commissioner when, in his judgment, such action serves to further the general purposes of this act. When it has been determined that a local health agency fails to meet the dates established pursuant to sections 9 and 14 of P.L.1966, c. 36 (C. 26:2F-9 and C. 26:2F-14) for submission of the application for public health priority funds or required reports, public health priority funds will be reduced by one day's allocation of the total amount, for each day that the application or report is late. This penalty may be waived, or modified, at the discretion of the commissioner for good cause shown. The penalty may be imposed by decreasing the local health agency allocation of public health funds for the following year.
L.1966, c. 36, s. 13. Amended by L.1977, c. 332, s. 10, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-13.1 - Unallocated public health priority funds; carry forward; special grants

26:2F-13.1. Unallocated public health priority funds; carry forward; special grants
Unallocated public health priority funds for the fiscal year may be carried forward and made available in the following fiscal year as special grants to local health agencies upon application by such agencies. The amounts of special grants shall be approved by the commissioner with the concurrence of the Public Health Council. Such special grants shall be made available to local health agencies only for extraordinary purposes.
L.1977, c. 332, s. 11, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-13.2 - Administrative rules

26:2F-13.2. Administrative rules
The commissioner shall have all the powers necessary to make, establish and amend, after consultation with the Public Health Council, such administrative rules as may be necessary, desirable or proper to carry out his powers and duties under this act.
L.1977, c. 332, s. 12, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-14 - Annual report

26:2F-14. Annual report
Each local health agency receiving public health priority funds shall on or before October 15 in each year, following the year for which the public health priority funds were received, prepare and file with the commissioner an annual report for the preceding State fiscal year. Such report shall state the condition of the public health within the limits of its jurisdiction, noting therein any special cause for the deterioration of health or of hazard thereto, and shall contain answers to any questions which may have been addressed to the local health agency by the commissioner.
L.1966, c. 36, s. 14. Amended by L.1977, c. 332, s. 13, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2F-15 - Per capita factor

26:2F-15. Per capita factor
The per capita factor for the purposes of this act shall be specified for each year in the General Appropriations Act or in a supplement thereto.
L.1966, c. 36, s. 15. Amended by L.1977, c. 332, s. 14, eff. Jan. 23, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-1 - Short title; purpose.

26:2G-1 Short title; purpose.
1. The act shall be known and may be cited as the "Narcotic and Drug Abuse Control Act of 1969." It shall be the purpose and intent of this act to establish a single agency capable of unifying all efforts in a comprehensive program to control drugs, the use of which may cause a substance use disorder, and to combat the effects of substance use disorders involving drugs.
L.1969, c.152, s.1; amended 2017, c.131, s.85.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-2 - Division of narcotic and drug abuse control; establishment; division defined

26:2G-2. Division of narcotic and drug abuse control; establishment; division defined
There is hereby established in the Department of Health a division which shall be known as the Division of Narcotic and Drug Abuse Control.
As used in this act, unless the context clearly indicates otherwise, the word "division" means the Division of Narcotic and Drug Abuse Control established herein.
L.1969, c. 152, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-3 - Certain functions, powers, duties transferred.

26:2G-3 Certain functions, powers, duties transferred.
3. All the functions, powers, and duties of the Commissioner of Human Services and the Commissioner of Community Affairs, in regard to the prevention and control of substance use disorders and the diagnosis, treatment, rehabilitation, and aftercare of persons with substance use disorders are hereby transferred to and vested in the Director of the Division of Mental Health and Addiction Services in the Department of Human Services. All functions, powers, and duties of the Commissioner of Health in regard to the manufacture, sale, distribution, possession, and use of narcotic, depressant, and stimulant drugs are hereby delegated to the Director of the Division of Mental Health and Addiction Services in the Department of Human Services.
L.1969, c.152, s.3; amended 2017, c.131, s.86.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-4 - Director of narcotic and drug abuse control; appointment

26:2G-4. Director of narcotic and drug abuse control; appointment
The administrator and head of the division shall be a director, who shall be known as the Director of Narcotic and Drug Abuse Control, and who shall be a person qualified by training and experience to perform the duties of his office. The director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the director's successor. The director shall receive such salary as shall be provided by law.
L.1969, c. 152, s. 4.