ENGROSSED SENATE
BILL NO. 232	By:	Marlatt and Johnson (Constance) of the Senate

			and

		Armes of the House

[ creating the Task Force on Healthier Neighborhood Living - noncodification - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Legislature finds that:
1.  Many Americans do not get the exercise they need to be healthy simply because they do not have places to be active.  Research shows that people who live near parks exercise thirty eight percent (38%) more than those who do not have easy access to parks;
2.  Shared-use partnerships between school districts and local governments or organizations can allow community members and groups to use playgrounds, athletic fields, pools, gymnasiums, and other recreational facilities after school hours.  Shared-use partnerships can also be used to make community facilities available to schools at a free or reduced cost;
3.  Obesity increases the risk of diabetes, heart disease, stroke, some cancers, and other health problems;
4.  School facilities, especially those that are centered in the community, can be an excellent resource for recreation and exercise when there is limited availability or when private options are too expensive; and
5.  The most innovative districts are maximizing shared-use of school facilities to address the educational and health needs of students and the community’s need for recreational activity spaces.
B.  It is the intent of the Legislature to remove barriers that could discourage schools from offering a variety of safe, clean facilities, including running tracks, pools, gymnasiums, fitness rooms, and playgrounds to the community.
SECTION 2.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  There is hereby created until November 30, 2011, the Task Force on Healthier Neighborhood Living.  The task force shall:
1.  Examine the feasibility of amending laws relating to the use of school-owned recreational facilities by other government and nongovernmental entities for the purpose of physical activity by imposing liability for property damage and injury on the user, as well as providing that the school not be held liable;
2.  As appropriate, hear testimony from industry experts and key leaders concerned with this issue, including, but not limited to, state public education officials, public health organizations, parent-teacher associations, physicians specializing in the area of obesity, and representatives from other states or municipalities that have instituted policies limiting liability in this manner; and
3.  Recommend any actions or legislation which the task force deems necessary or appropriate.
B.  The task force shall be composed of twelve (12) members as follows:
1.  Six members appointed by the President Pro Tempore of the Senate as follows:
a.	two members of the Senate, one of whom shall be the Chair of the Senate Health and Human Services Committee and one of whom shall be a member of the minority party,
b.	one member representing an association that advocates for the prevention and cure of diabetes in the state,
c.	one member representing a nongovernmental community group,
d.	one member representing an association of physical activity professionals in the state, and
e.	one member-at-large representing an urban area of the state; and
2.  Six members appointed by the Speaker of the House of Representatives as follows:
a.	two members of the House of Representatives, one of whom shall be the chair of the Judiciary Committee and one of whom shall be a member of the minority party,
b.	one member representing an association that advocates for the prevention of heart disease and stroke in the state,
c.	the State Commissioner of Health, or designee,
d.	one member-at-large representing a rural area of the state, and
e.	one member representing school boards across the state.
C.  Appointments shall be made by August 15, 2011.  The members of the task force shall serve at the pleasure of the appointing authority.
D.  The Chair of the Senate Health and Human Services Committee shall call the first meeting.
E.  The chair and vice-chair of the task force shall be selected by the task force from among the members.
F.  A quorum of the task force shall be required in order for any final action by the task force.
G.  The task force shall meet no less than two (2) times.
H.  Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement as follows:
1.  Legislative members of the task force shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and
2.  Nonlegislative members of the task force shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
I.  Staff support for the task force shall be provided by the State Department of Health.
J.  The task force shall report its findings, including any legislative recommendations, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor by November 30, 2011.
SECTION 3.  This act shall become effective July 1, 2011.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 14th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives