S T A T E   O F   N E W   Y O R K
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                                  7323

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and  the  state  finance  law,  in
  relation to creating the New York state governor's council on physical
  fitness, sports and health

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 2 of the public health law is amended by  adding  a
new title 6 to read as follows:
                                  TITLE 6
                  NEW YORK STATE GOVERNOR'S COUNCIL ON
                   PHYSICAL FITNESS, SPORTS AND HEALTH
SECTION  267.  NEW  YORK  STATE  GOVERNOR'S COUNCIL ON PHYSICAL FITNESS,
               SPORTS AND HEALTH.
        267-A. POWERS, FUNCTIONS AND DUTIES.
        267-B. MEMBERS AND MEETINGS.
  S 267. NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL  FITNESS,  SPORTS
AND  HEALTH. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT, THE NEW YORK
STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND  HEALTH  (HERE-
AFTER  "COUNCIL"). THE COUNCIL SHALL BE REGULATED BY THE DEPARTMENT, AND
SUPPORT STAFF OF THE COUNCIL,  AS  PROVIDED  BY  THIS  TITLE,  SHALL  BE
EMPLOYEES OF THE DEPARTMENT.
  S  267-A.  POWERS,  FUNCTIONS  AND  DUTIES.  THE POWERS, FUNCTIONS AND
DUTIES OF THE COUNCIL SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOW-
ING:
  1. THE COLLECTION AND DISSEMINATION OF PERTINENT  FITNESS  INFORMATION
THROUGH  PUBLIC  SERVICE ADVERTISEMENTS, WEBSITE, BROCHURES AND NEWSLET-
TERS;
  2. THE SPONSORING OF  FITNESS  WORKSHOPS,  CLINICS,  CONFERENCES,  AND
OTHER  SPECIAL  ACTIVITIES  THAT  PROMOTE  HEALTH,  PHYSICAL FITNESS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03772-03-1

              

A. 7323                             2

SPORTS DEVELOPMENT, INCLUDING AN ANNUAL STATEWIDE CONFERENCE ON FITNESS,
HEALTH AND WELLNESS;
  3.  THE ESTABLISHMENT OF RECOMMENDATIONS FOR EMPLOYEE FITNESS PROGRAMS
IN PUBLIC AGENCIES AND PRIVATE COMPANIES  TO  INCREASE  WORKSITE  HEALTH
PROMOTION POLICIES;
  4.  COORDINATION WITH EDUCATIONAL AGENCIES AND ASSOCIATIONS TO DEVELOP
SCHOOL HEALTH AND PHYSICAL EDUCATION AND ACTIVITY PROGRAMS;
  5. PARTNERING  WITH  LOCAL  GOVERNMENT  ENTITIES  TO  DEVELOP  FITNESS
PROGRAMS AND TO CREATE A FITNESS AWARENESS MONTH;
  6.  COORDINATION  WITH  CITIZENS, CIVIC GROUPS AND AMATEUR AND PROFES-
SIONAL SPORTS ASSOCIATIONS TO PROMOTE AND IMPROVE FITNESS;
  7. COORDINATION WITH THE NEW  YORK  STATE  DEPARTMENTS  OF  EDUCATION,
LABOR,  HEALTH  AND OFFICE OF CHILDREN AND FAMILY SERVICES REGARDING THE
NEED FOR INCREASED PHYSICAL ACTIVITY;
  8. THE CREATION OF PARTNERSHIPS WITH GOVERNMENT, PRIVATE ENTITIES  AND
NOT-FOR-PROFIT  ORGANIZATIONS  TO  PROMOTE THE NEED FOR REGULAR PHYSICAL
ACTIVITY THROUGH A SPECIALIZED MARKETING CAMPAIGN;
  9. THE COLLECTION, MAINTENANCE AND ANALYSIS OF DATA AND STATISTICS  IN
ORDER TO DEVELOP A REPORT CARD TO BE PROVIDED TO THE GOVERNOR AND LEGIS-
LATURE ON AN ANNUAL BASIS;
  10.  THE  ESTABLISHMENT  OF ANNUAL RECOMMENDATIONS TO THE GOVERNOR AND
LEGISLATURE TO IMPROVE  AWARENESS  REGARDING  PHYSICAL  FITNESS  AND  TO
DEVELOP  PROGRAMS FOR SPECIALIZED GROUPS THAT SHALL INCLUDE, BUT ARE NOT
LIMITED TO, THE FOLLOWING:
  (A) HIGH RISK URBAN AND RURAL POPULATIONS;
  (B) SENIORS;
  (C) YOUTH; AND
  (D) OTHER HIGH-RISK POPULATIONS;
  11. THE CREATION AND ADMINISTRATION OF ANNUAL NEW  YORK  STATE  GOVER-
NOR'S  COUNCIL  ON  PHYSICAL  FITNESS,  SPORTS  AND HEALTH LEADERSHIP IN
FITNESS AWARDS IN SEVERAL CATEGORIES  THAT  MAY  INCLUDE,  BUT  ARE  NOT
LIMITED TO:
  (A) CORPORATE LEADERSHIP;
  (B) GOVERNMENT AGENCY LEADERSHIP;
  (C) LEGISLATIVE LEADERSHIP;
  (D) MEDIA LEADERSHIP;
  (E) SENIOR LEADERSHIP;
  (F) HEALTH CARE LEADERSHIP;
  (G) SCHOOL DISTRICT OF THE YEAR; AND
  (H) PHYSICAL EDUCATOR OF THE YEAR;
  12.  THE  USE  OF FUNDS, AS PROVIDED FOR BY THIS TITLE, TO DEVELOP AND
ADMINISTER SPECIAL COMMUNITY-BASED PROGRAMS TO PROMOTE PHYSICAL FITNESS;
AND
  13. THE ADOPTION OF SUCH RULES FOR THE CONDUCT OF ITS BUSINESS  AS  IT
DEEMS NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THIS TITLE.
  S  267-B.  MEMBERS  AND  MEETINGS. 1. THE COUNCIL SHALL CONSIST OF THE
FOLLOWING MEMBERS:
  (A) THE COMMISSIONER;
  (B) THE COMMISSIONER OF THE DEPARTMENT OF LABOR;
  (C) THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION;
  (D) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (E) THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION  AND  HISTORIC
PRESERVATION;
  (F) A REPRESENTATIVE OF THE GOVERNOR TO BE APPOINTED BY THE GOVERNOR;
  (G)  A  REPRESENTATIVE  OR MEMBER OF THE SENATE TO BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE;

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  (H) A REPRESENTATIVE OR MEMBER OF THE SENATE TO BE  APPOINTED  BY  THE
MINORITY LEADER OF THE SENATE;
  (I)  A REPRESENTATIVE OR MEMBER OF THE ASSEMBLY TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY;
  (J) A REPRESENTATIVE OR MEMBER OF THE ASSEMBLY TO BE APPOINTED BY  THE
ASSEMBLY MINORITY LEADER;
  (K) THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK;
  (L) A DEAN FROM A STATE UNIVERSITY OF NEW YORK TEACHING HOSPITAL TO BE
APPOINTED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK;
  (M) A MEMBER OF THE AMERICAN HEART ASSOCIATION;
  (N) A REPRESENTATIVE OF THE MEDICAL SOCIETY OF THE STATE OF NEW YORK;
  (O) A REPRESENTATIVE OF THE NEW YORK STATE DIETETIC ASSOCIATION; AND
  (P) A MEMBER OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP).
  2.  MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION, BUT SHALL
BE ELIGIBLE FOR REIMBURSEMENT FOR EXPENSES INCLUDING, BUT NOT LIMITED TO
TRAVEL, HOTEL AND MEAL EXPENSES TO BE APPROPRIATED FROM  FUNDS  PROVIDED
FOR  IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW. STAFF MEMBERS TO
THE COUNCIL SHALL BE EMPLOYEES OF THE DEPARTMENT, SHALL INCLUDE AN EXEC-
UTIVE DIRECTOR AND OTHER ADMINISTRATIVE AND SUPPORT STAFF AS  DETERMINED
BY  THE COUNCIL, SHALL RECEIVE SALARIES TO BE ESTABLISHED BY THE COUNCIL
AND THE COMMISSIONER.
  3. THE COUNCIL SHALL HAVE QUARTERLY MEETINGS TO BE  SCHEDULED  BY  THE
COUNCIL  IN  JANUARY,  APRIL, JULY AND OCTOBER. AT THE CALL OF THE COUN-
CIL'S EXECUTIVE DIRECTOR, A SPECIAL MEETING CAN  BE  HELD  PROVIDED  TWO
WEEKS NOTICE IS GIVEN TO THE MEMBERS OF THE COUNCIL.
  4.  EACH  JANUARY,  THE  COUNCIL SHALL PROVIDE AN ANNUAL REPORT TO THE
GOVERNOR AND LEGISLATURE WHICH SHALL INCLUDE A FINANCIAL  DISCLOSURE  OF
THE  COUNCIL'S PRIOR YEAR'S BUDGET, AN UPDATE ON THE COUNCIL'S PROGRAMS,
INFORMATION ON THE IMPLEMENTATION OF  THE  COUNCIL'S  POLICIES  AND  ITS
RECOMMENDATIONS AS PROVIDED FOR IN SUBDIVISIONS THREE AND TEN OF SECTION
TWO  HUNDRED  SIXTY-SEVEN-A  OF THIS TITLE. SUCH REPORT MAY ALSO INCLUDE
PROPOSED LEGISLATION AND FUNDING REQUESTS FOR THE COUNCIL.
  S 2. The state finance law is amended by adding a new section 95-h  to
read as follows:
  S  95-H. NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS
AND HEALTH FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY  OF
THE  STATE  COMPTROLLER  AND COMMISSIONER OF HEALTH A SPECIAL FUND TO BE
KNOWN AS THE "NEW YORK STATE GOVERNOR'S  COUNCIL  ON  PHYSICAL  FITNESS,
SPORTS AND HEALTH FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE TO THE NEW  YORK  STATE
GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH.
  3.  MONIES OF THE FUND SHALL BE AVAILABLE TO THE NEW YORK STATE GOVER-
NOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH FOR  THE  FOLLOWING
PURPOSES:
  (A)  OPERATIONAL EXPENSES OF THE COUNCIL, WHICH SHALL INCLUDE, BUT ARE
NOT LIMITED TO, THE FOLLOWING:
  (I) THE CREATION OF A COUNCIL WEBSITE;
  (II) THE CREATION AND DISSEMINATION OF A COUNCIL BROCHURE;
  (III) THE CREATION AND DISSEMINATION OF A COUNCIL NEWSLETTER;
  (IV) EXPENSES FOR SUPPORT STAFF EMPLOYED BY THE DEPARTMENT OF  HEALTH.
THE  SALARIES  AND OTHER EXPENSES FOR SUCH SUPPORT STAFF SHALL BE DETER-
MINED BY THE COUNCIL AND THE COMMISSIONER OF HEALTH; AND
  (V) COSTS ASSOCIATED WITH REIMBURSING THE COUNCIL MEMBERS FOR  VARIOUS
EXPENSES  AS  PROVIDED  FOR  IN  TITLE  SIX OF ARTICLE TWO OF THE PUBLIC
HEALTH LAW;

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  (B) THE DEVELOPMENT  AND  ADMINISTRATION  OF  SPECIAL  COMMUNITY-BASED
PROGRAMS TO PROMOTE PHYSICAL FITNESS;
  (C)  THE  CREATION  AND  IMPLEMENTATION  OF A GRANT PROGRAM TO PROVIDE
INCENTIVES TO EMPLOYERS  WHO  PROMOTE  PHYSICAL  ACTIVITY  AND  PHYSICAL
FITNESS; AND
  (D) THE COSTS OF ANY AND ALL OTHER PROGRAMS PROVIDED FOR OR AUTHORIZED
UNDER  TITLE  FIVE  OF  ARTICLE TWO OF THE PUBLIC HEALTH LAW AS ADDED BY
CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND TWO.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  HEALTH,  OR  BY  AN  OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing sections of  this  act
on  its  effective  date  is  authorized  and  directed  to  be made and
completed on or before such effective date.