Bill S2856A-2011

Creates the New York state governor's council on physical fitness, sports and health; establishes a fund for the council

Creates the New York state governor's council on physical fitness, sports and health; establishes the membership of such council; creates the New York state governor's council on physical fitness, sports and health fund.

Details

Actions

  • May 7, 2012: referred to health
  • May 7, 2012: DELIVERED TO ASSEMBLY
  • May 7, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.385
  • Feb 29, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to health
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • May 4, 2011: ADVANCED TO THIRD READING
  • May 3, 2011: 2ND REPORT CAL.
  • May 2, 2011: 1ST REPORT CAL.418
  • Apr 25, 2011: PRINT NUMBER 2856A
  • Apr 25, 2011: AMEND AND RECOMMIT TO FINANCE
  • Mar 29, 2011: REPORTED AND COMMITTED TO FINANCE
  • Feb 2, 2011: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - Feb 29, 2012
Ayes (16): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins, Peralta
Excused (1): Adams

Memo

BILL NUMBER:S2856A

TITLE OF BILL:

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

PURPOSE:

To create an advisory council to the Governor for the purpose of encouraging the people of the State of New York to engage in activities that will improve their health and enhance their quality-of-life. The Council will establish and promote programs and initiatives to improve the well- being of the people of the State of New York.

SUMMARY OF PROVISIONS:

Section One of the bill amends Article 2 of the Public Health Law by adding a new Title 6:

- A section 267 is added to the Public Health Law. This section creates the Council within the Department of Health and gives the Department regulatory control over the Council. Section 267 also provides that staff of the Council shall be employees of the Department of Labor.

- A section 267-a is added to the Public Health Law. This section establishes the powers, functions and duties of the Council including requiring the Council to disseminate information, provide annual recommendations, report to the Governor and Legislature, and administer an annual awards program.

- A section 267-b is added to the Public Health Law. This section governs the Council's membership, establishes meeting requirements and requires the Council to provide an annual report to the Governor and Legislature.

Section Two of the bill amends the State Finance Law by adding a new section 95-h which creates the New York State Governor's Council on Physical Fitness, Sports and Health Fund. The fund will be used for operating expenses of the Council, community-based programs and an incentive based grant program for employers who promote physical activity and physical fitness.

Section Three establishes the effective date of this act.

JUSTIFICATION:

Cornell University experts estimate that obesity costs the United States an estimated $117 billion annually and results in the premature death of about 300,000 people a year. Although tobacco has a higher death toll because lung cancer can kill more quickly than obesity, the long term health problems and costs resulting from obesity are far greater.

According to a recent economic report, obese Americans spend more on health care and medications than smokers. This is in large part because extra weight can result in the same jump in chronic health problems as does twenty years of aging. Obesity is associated with numerous health problems and increases the risk for hypertension, heart disease, cancer, asthma, depression, sleep apnea, Type-2 diabetes, high blood cholesterol, stroke, gallbladder diseases, complications with pregnancy, back pain and spinal cord injuries.

In the past 25 years, the prevalence of obesity in children has quadrupled. Today, over 30% of American children (ages 6 to 11) are over- weight, and fifteen percent of children in this same age group are obese. Sadly, these numbers get even worse for adolescents.

In an effort to combat this growing problem, this legislation creates the New York State Governor's Council on Physical Fitness, Sports and Health. The Council's mission is to increase awareness regarding the problems associated with obesity and to promote sports, recreational and physical fitness activities within the State of New York. It will be the duty of this Council to promote healthy lifestyles through increased participation in physical activity, and the Council will be responsible for partnering with schools and other community groups in order to further its goals.

LEGISLATIVE HISTORY:

S.6551 of 2002; S.7854/A.11160 of 2005-2006; S.36-A/A.5708-A; S.2621-2009-2010

FISCAL IMPLICATIONS:

This bill establishes the New York State Governor's Council on Physical Fitness, sports and Health Fund. This entity will fund the activities of the Governor's Council on Physical Fitness, sports and Health.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after It shall have become a law, provided however, that effective immediately, 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2856--A 2011-2012 Regular Sessions IN SENATE February 2, 2011 ___________
Introduced by Sens. DeFRANCISCO, LARKIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Health -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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; (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; (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.

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