S T A T E O F N E W Y O R K
________________________________________________________________________
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.