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