Hepatitis B Vaccine - NJ Senate Resolution Introduced by Bassano: Freedom of Choice

June 16, 2000

Kathi wrote:

This is an example of citizen vaccine activism. NVIC has worked with parents

in NJ to stop the hep B mandate. They have held it off for 2 years now. Of

course we would like to see a philosophical exemption for all vaccines, this

is a start towards freedom of choice.

Here is the Bassano resolution.

http://www.njleg.state.nj.us/2000/Bills/scr/71_i1.htm

SENATE CONCURRENT RESOLUTION No. 71

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED JUNE 8, 2000

Sponsored by:

Senator C. LOUIS BASSANO

District 21 (Essex and Union)

SYNOPSIS

Determines that proposed Department of Health and Senior Services

regulations requiring hepatitis B vaccinations for school admission are not

consistent with legislative intent.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution concerning legislative review of proposed Department

of Health and Senior Services regulations pursuant to Article V, Section IV,

paragraph 6 of the Constitution of the State of New Jersey.

Be It Resolved by the Senate of the State of New Jersey (the General

Assembly concurring):

1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the

State of New Jersey, the Legislature may review any rule or regulation of an

administrative agency to determine if the rule or regulation is consistent

with the intent of the Legislature as expressed in the language of the

statute that the rule or regulation is intended to implement.

2. Assembly Bill No. 2821 (2R) of 1997, which would have required that all

children entering kindergarten or the first or sixth grades in a public or

private elementary school in this State be vaccinated against hepatitis B,

was pocket vetoed by the Governor on January 20, 1998; and the Legislature

has not subsequently passed legislation to effectuate this purpose.

3. The Commissioner of Health and Senior Services has proposed regulations

to be codified in chapter 57 of Title 8 of the New Jersey Administrative

Code, at N.J.A.C.8:57-4.16, which would require that all children entering

kindergarten or the first or sixth grades of elementary school be vaccinated

against hepatitis B, starting September 1, 2001.

4. The Legislature finds that N.J.A.C.8:57-4.16, as proposed, is not

consistent with the legislative intent of P.L.1947, c.177 (C.26:1A-7), which

authorizes the Public Health Council in the Department of Health and Senior

Services to establish regulations affecting public health, or the

preservation and improvement of public health and the prevention of disease

in the State, including the immunization against disease of all school

children, because P.L.1947, c.177 does not specifically authorize the Public

Health Council or the Commissioner of Health and Senior Services to adopt

regulations to require immunization against hepatitis B as a condition of

admission to school in the absence of a statutory mandate. The perceived

need to enact Assembly Bill No. 2821 (2R) of 1997 into law during the

1996-97 session and the decision of the Governor to pocket veto that bill

reflect both the intent of the Legislature that legislative action is

necessary to mandate a requirement for hepatitis B vaccination as a

condition of admission to public or private school, and a policy decision by

the Governor to not ratify that legislative action, respectively.

5. The Secretary of the Senate and the Clerk of the General Assembly shall

transmit a duly authenticated copy of this concurrent resolution to the

Governor and the Commissioner of Health and Senior Services.

6. The Commissioner of Health and Senior Services, pursuant to Article V,

Section IV, paragraph 6 of the Constitution of the State of New Jersey,

shall have 30 days following transmittal of this resolution to amend or

withdraw the proposed regulations or the Legislature may, by passage of

another concurrent resolution, exercise its authority under the Constitution

to invalidate the regulations in whole or in part.

STATEMENT

This concurrent resolution embodies the finding of the Legislature that the

regulations set forth at N.J.A.C.8:57-4.16, as proposed by the Commissioner

of Health and Senior Services, are not consistent with legislative intent

pursuant to Article V, Section IV, paragraph 6 of the State Constitution.

The proposed regulations would require that all children entering

kindergarten or the first or sixth grades of elementary school be vaccinated

against hepatitis B, starting September 1, 2001.

The concurrent resolution finds that the proposed regulations are not