Bill Text: NY A04818 | 2013-2014 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-21 - substituted by s2316 [A04818 Detail]
Download: New_York-2013-A04818-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4818
2013-2014 Regular Sessions
I N A S S E M B L Y
February 11, 2013
___________
Introduced by M. of A. CUSICK -- read once and referred 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:
1 Section 1. Article 2 of the public health law is amended by adding a
2 new title 6 to read as follows:
3 TITLE 6
4 NEW YORK STATE GOVERNOR'S COUNCIL ON
5 PHYSICAL FITNESS, SPORTS AND HEALTH
6 SECTION 267. NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS,
7 SPORTS AND HEALTH.
8 267-A. POWERS, FUNCTIONS AND DUTIES.
9 267-B. MEMBERS AND MEETINGS.
10 S 267. NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS
11 AND HEALTH. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT, THE NEW YORK
12 STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH (HERE-
13 AFTER "COUNCIL"). THE COUNCIL SHALL BE REGULATED BY THE DEPARTMENT, AND
14 SUPPORT STAFF OF THE COUNCIL, AS PROVIDED BY THIS TITLE, SHALL BE
15 EMPLOYEES OF THE DEPARTMENT.
16 S 267-A. POWERS, FUNCTIONS AND DUTIES. THE POWERS, FUNCTIONS AND
17 DUTIES OF THE COUNCIL SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOW-
18 ING:
19 1. THE COLLECTION AND DISSEMINATION OF PERTINENT FITNESS INFORMATION
20 THROUGH PUBLIC SERVICE ADVERTISEMENTS, WEBSITE, BROCHURES AND NEWSLET-
21 TERS;
22 2. THE SPONSORING OF FITNESS WORKSHOPS, CLINICS, CONFERENCES, AND
23 OTHER SPECIAL ACTIVITIES THAT PROMOTE HEALTH, PHYSICAL FITNESS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04620-01-3
A. 4818 2
1 SPORTS DEVELOPMENT, INCLUDING AN ANNUAL STATEWIDE CONFERENCE ON FITNESS,
2 HEALTH AND WELLNESS;
3 3. THE ESTABLISHMENT OF RECOMMENDATIONS FOR EMPLOYEE FITNESS PROGRAMS
4 IN PUBLIC AGENCIES AND PRIVATE COMPANIES TO INCREASE WORKSITE HEALTH
5 PROMOTION POLICIES;
6 4. COORDINATION WITH EDUCATIONAL AGENCIES AND ASSOCIATIONS TO DEVELOP
7 SCHOOL HEALTH AND PHYSICAL EDUCATION AND ACTIVITY PROGRAMS;
8 5. PARTNERING WITH LOCAL GOVERNMENT ENTITIES TO DEVELOP FITNESS
9 PROGRAMS AND TO CREATE A FITNESS AWARENESS MONTH;
10 6. COORDINATION WITH CITIZENS, CIVIC GROUPS AND AMATEUR AND PROFES-
11 SIONAL SPORTS ASSOCIATIONS TO PROMOTE AND IMPROVE FITNESS;
12 7. COORDINATION WITH THE NEW YORK STATE DEPARTMENTS OF EDUCATION,
13 LABOR, HEALTH AND OFFICE OF CHILDREN AND FAMILY SERVICES REGARDING THE
14 NEED FOR INCREASED PHYSICAL ACTIVITY;
15 8. THE CREATION OF PARTNERSHIPS WITH GOVERNMENT, PRIVATE ENTITIES AND
16 NOT-FOR-PROFIT ORGANIZATIONS TO PROMOTE THE NEED FOR REGULAR PHYSICAL
17 ACTIVITY THROUGH A SPECIALIZED MARKETING CAMPAIGN;
18 9. THE COLLECTION, MAINTENANCE AND ANALYSIS OF DATA AND STATISTICS IN
19 ORDER TO DEVELOP A REPORT CARD TO BE PROVIDED TO THE GOVERNOR AND LEGIS-
20 LATURE ON AN ANNUAL BASIS;
21 10. THE ESTABLISHMENT OF ANNUAL RECOMMENDATIONS TO THE GOVERNOR AND
22 LEGISLATURE TO IMPROVE AWARENESS REGARDING PHYSICAL FITNESS AND TO
23 DEVELOP PROGRAMS FOR SPECIALIZED GROUPS THAT SHALL INCLUDE, BUT ARE NOT
24 LIMITED TO, THE FOLLOWING:
25 (A) HIGH RISK URBAN AND RURAL POPULATIONS;
26 (B) SENIORS;
27 (C) YOUTH; AND
28 (D) OTHER HIGH-RISK POPULATIONS;
29 11. THE CREATION AND ADMINISTRATION OF ANNUAL NEW YORK STATE GOVER-
30 NOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH LEADERSHIP IN
31 FITNESS AWARDS IN SEVERAL CATEGORIES THAT MAY INCLUDE, BUT ARE NOT
32 LIMITED TO:
33 (A) CORPORATE LEADERSHIP;
34 (B) GOVERNMENT AGENCY LEADERSHIP;
35 (C) LEGISLATIVE LEADERSHIP;
36 (D) MEDIA LEADERSHIP;
37 (E) SENIOR LEADERSHIP;
38 (F) HEALTH CARE LEADERSHIP;
39 (G) SCHOOL DISTRICT OF THE YEAR; AND
40 (H) PHYSICAL EDUCATOR OF THE YEAR;
41 12. THE USE OF FUNDS, AS PROVIDED FOR BY THIS TITLE, TO DEVELOP AND
42 ADMINISTER SPECIAL COMMUNITY-BASED PROGRAMS TO PROMOTE PHYSICAL FITNESS;
43 AND
44 13. THE ADOPTION OF SUCH RULES FOR THE CONDUCT OF ITS BUSINESS AS IT
45 DEEMS NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THIS TITLE.
46 S 267-B. MEMBERS AND MEETINGS. 1. THE COUNCIL SHALL CONSIST OF THE
47 FOLLOWING MEMBERS:
48 (A) THE COMMISSIONER;
49 (B) THE COMMISSIONER OF THE DEPARTMENT OF LABOR;
50 (C) THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION;
51 (D) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
52 (E) THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND HISTORIC
53 PRESERVATION;
54 (F) A REPRESENTATIVE OF THE GOVERNOR TO BE APPOINTED BY THE GOVERNOR;
55 (G) A REPRESENTATIVE OR MEMBER OF THE SENATE TO BE APPOINTED BY THE
56 TEMPORARY PRESIDENT OF THE SENATE;
A. 4818 3
1 (H) A REPRESENTATIVE OR MEMBER OF THE SENATE TO BE APPOINTED BY THE
2 MINORITY LEADER OF THE SENATE;
3 (I) A REPRESENTATIVE OR MEMBER OF THE ASSEMBLY TO BE APPOINTED BY THE
4 SPEAKER OF THE ASSEMBLY;
5 (J) A REPRESENTATIVE OR MEMBER OF THE ASSEMBLY TO BE APPOINTED BY THE
6 ASSEMBLY MINORITY LEADER;
7 (K) THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK;
8 (L) A DEAN FROM A STATE UNIVERSITY OF NEW YORK TEACHING HOSPITAL TO BE
9 APPOINTED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK;
10 (M) A MEMBER OF THE AMERICAN HEART ASSOCIATION;
11 (N) A REPRESENTATIVE OF THE MEDICAL SOCIETY OF THE STATE OF NEW YORK;
12 (O) A REPRESENTATIVE OF THE NEW YORK STATE DIETETIC ASSOCIATION; AND
13 (P) A MEMBER OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP).
14 2. MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION, BUT SHALL
15 BE ELIGIBLE FOR REIMBURSEMENT FOR EXPENSES INCLUDING, BUT NOT LIMITED TO
16 TRAVEL, HOTEL AND MEAL EXPENSES TO BE APPROPRIATED FROM FUNDS PROVIDED
17 FOR IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW. STAFF MEMBERS TO
18 THE COUNCIL SHALL BE EMPLOYEES OF THE DEPARTMENT, SHALL INCLUDE AN EXEC-
19 UTIVE DIRECTOR AND OTHER ADMINISTRATIVE AND SUPPORT STAFF AS DETERMINED
20 BY THE COUNCIL, SHALL RECEIVE SALARIES TO BE ESTABLISHED BY THE COUNCIL
21 AND THE COMMISSIONER.
22 3. THE COUNCIL SHALL HAVE QUARTERLY MEETINGS TO BE SCHEDULED BY THE
23 COUNCIL IN JANUARY, APRIL, JULY AND OCTOBER. AT THE CALL OF THE COUN-
24 CIL'S EXECUTIVE DIRECTOR, A SPECIAL MEETING CAN BE HELD PROVIDED TWO
25 WEEKS NOTICE IS GIVEN TO THE MEMBERS OF THE COUNCIL.
26 4. EACH JANUARY, THE COUNCIL SHALL PROVIDE AN ANNUAL REPORT TO THE
27 GOVERNOR AND LEGISLATURE WHICH SHALL INCLUDE A FINANCIAL DISCLOSURE OF
28 THE COUNCIL'S PRIOR YEAR'S BUDGET, AN UPDATE ON THE COUNCIL'S PROGRAMS,
29 INFORMATION ON THE IMPLEMENTATION OF THE COUNCIL'S POLICIES AND ITS
30 RECOMMENDATIONS AS PROVIDED FOR IN SUBDIVISIONS THREE AND TEN OF SECTION
31 TWO HUNDRED SIXTY-SEVEN-A OF THIS TITLE. SUCH REPORT MAY ALSO INCLUDE
32 PROPOSED LEGISLATION AND FUNDING REQUESTS FOR THE COUNCIL.
33 S 2. The state finance law is amended by adding a new section 95-h to
34 read as follows:
35 S 95-H. NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS
36 AND HEALTH FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF
37 THE STATE COMPTROLLER AND COMMISSIONER OF HEALTH A SPECIAL FUND TO BE
38 KNOWN AS THE "NEW YORK STATE GOVERNOR'S COUNCIL ON PHYSICAL FITNESS,
39 SPORTS AND HEALTH FUND".
40 2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
41 OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE TO THE NEW YORK STATE
42 GOVERNOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH.
43 3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE NEW YORK STATE GOVER-
44 NOR'S COUNCIL ON PHYSICAL FITNESS, SPORTS AND HEALTH FOR THE FOLLOWING
45 PURPOSES:
46 (A) OPERATIONAL EXPENSES OF THE COUNCIL, WHICH SHALL INCLUDE, BUT ARE
47 NOT LIMITED TO, THE FOLLOWING:
48 (I) THE CREATION OF A COUNCIL WEBSITE;
49 (II) THE CREATION AND DISSEMINATION OF A COUNCIL BROCHURE;
50 (III) THE CREATION AND DISSEMINATION OF A COUNCIL NEWSLETTER;
51 (IV) EXPENSES FOR SUPPORT STAFF EMPLOYED BY THE DEPARTMENT OF HEALTH.
52 THE SALARIES AND OTHER EXPENSES FOR SUCH SUPPORT STAFF SHALL BE DETER-
53 MINED BY THE COUNCIL AND THE COMMISSIONER OF HEALTH; AND
54 (V) COSTS ASSOCIATED WITH REIMBURSING THE COUNCIL MEMBERS FOR VARIOUS
55 EXPENSES AS PROVIDED FOR IN TITLE SIX OF ARTICLE TWO OF THE PUBLIC
56 HEALTH LAW;
A. 4818 4
1 (B) THE DEVELOPMENT AND ADMINISTRATION OF SPECIAL COMMUNITY-BASED
2 PROGRAMS TO PROMOTE PHYSICAL FITNESS;
3 (C) THE CREATION AND IMPLEMENTATION OF A GRANT PROGRAM TO PROVIDE
4 INCENTIVES TO EMPLOYERS WHO PROMOTE PHYSICAL ACTIVITY AND PHYSICAL
5 FITNESS; AND
6 (D) THE COSTS OF ANY AND ALL OTHER PROGRAMS PROVIDED FOR OR AUTHORIZED
7 UNDER TITLE FIVE OF ARTICLE TWO OF THE PUBLIC HEALTH LAW AS ADDED BY
8 CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND TWO.
9 4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
10 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
11 OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
12 DESIGNATED BY SUCH COMMISSIONER.
13 S 3. This act shall take effect on the one hundred twentieth day after
14 it shall have become a law, provided however, that effective immediate-
15 ly, the addition, amendment and/or repeal of any rules or regulations
16 necessary for the implementation of the foregoing sections of this act
17 on its effective date is authorized and directed to be made and
18 completed on or before such effective date.
