senate Bill S2856A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2012 referred to health
delivered to assembly
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 04, 2012 referred to health
returned to senate
died in assembly
Jun 14, 2011 referred to health
delivered to assembly
passed senate
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.418
Apr 25, 2011 print number 2856a
amend and recommit to finance
Mar 29, 2011 reported and committed to finance
Feb 02, 2011 referred to health

Votes

view votes

Mar 20, 2012 - Finance committee Vote

S2856A
33
0
committee
33
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Feb 29, 2012 - Health committee Vote

S2856A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

May 2, 2011 - Finance committee Vote

S2856A
30
0
committee
30
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Mar 29, 2011 - Health committee Vote

S2856
12
0
committee
12
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2856 - Bill Details

See Assembly Version of this Bill:
A7323
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 2 Title 6 §§267 - 267-b, Pub Health L; add §95-h, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S2621

S2856 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2856

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 Governors 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 of 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.

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

                                  2856

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03772-01-1

S. 2856                             2

  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 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;

S. 2856                             3

  (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 NEW YORK STATE PHYSICAL ACTIVITY COALITION;
  (N) A REPRESENTATIVE OF THE MEDICAL SOCIETY OF THE STATE OF NEW  YORK;
AND
  (O) A REPRESENTATIVE OF THE NEW YORK STATE DIETETIC ASSOCIATION.
  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;

S. 2856                             4

  (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.

Co-Sponsors

S2856A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7323
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 2 Title 6 §§267 - 267-b, Pub Health L; add §95-h, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S2621

S2856A (ACTIVE) - Bill Texts

view summary

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.

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2856--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03772-02-1

S. 2856--A                          2

  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;

S. 2856--A                          3

  (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

S. 2856--A                          4

  (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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