S T A T E   O F   N E W   Y O R K
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                                  8363

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

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

AN ACT to amend the public health law,  in  relation  to  directing  the
  commissioner  of  health  to disseminate education materials regarding
  overweight and underweight children

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

  Section  1.  Section  2599-d  of  the public health law, as amended by
section 88 of part B of chapter 58 of the laws of 2005,  is  amended  to
read as follows:
  S  2599-d.  Powers of commissioner. 1. The commissioner may administer
directly or through contract, within the amount of funds  allocated  and
within amounts appropriated pursuant to paragraph (k) of subdivision one
of  section  twenty-eight hundred seven-v of this chapter, the childhood
obesity prevention program.
  2. The commissioner shall also make grants, within the amount of funds
available  therefor,  for  community-based  and  school-based   projects
targeted  to  high-risk  populations  and  communities  to implement the
provisions of this title.
  3. THE COMMISSIONER SHALL ALSO PREPARE  AND  DISSEMINATE,  WITHIN  THE
AMOUNT  OF  FUNDS  AVAILABLE THEREFOR, EDUCATIONAL MATERIALS FOR PARENTS
AND CHILDREN ABOUT THE HEALTH RISKS WHEN CHILDREN BECOME  OVERWEIGHT  OR
UNDERWEIGHT. SUCH INFORMATION SHALL INCLUDE SOURCES OF ADDITIONAL INFOR-
MATION  AND  CITATIONS TO THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER
WEBSITES PROVIDING CREDIBLE INFORMATION ON THE SUBJECT. THE LOCAL SCHOOL
DISTRICTS SHALL DISTRIBUTE, EACH SCHOOL YEAR, THE EDUCATIONAL  MATERIALS
PROVIDED BY THE DEPARTMENT, TO ALL STUDENTS ATTENDING SCHOOLS WITHIN THE
DISTRICT.  THE  LOCAL  SCHOOL DISTRICT SHALL FURTHER PROVIDE SUCH EDUCA-
TIONAL MATERIALS DIRECTLY TO THE PARENTS OR GUARDIAN OF  ANY  CHILD  WHO
TESTS  AT  OR  ABOVE  THE EIGHTY-FIFTH PERCENTILE OF BODY MASS INDEX, AS
DEFINED IN SECTIONS NINE HUNDRED THREE AND  NINE  HUNDRED  FOUR  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11682-01-9
              

A. 8363                             2

EDUCATION LAW, FOR HIS OR HER AGE OR AT OR BELOW THE FIFTH PERCENTILE OF
BODY MASS INDEX FOR HIS OR HER AGE.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.