05RS HB56


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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

HB 56/FN (BR 12) - T. Burch, T. Feeley, J. Crenshaw, J. DeCesare, M. Denham, M. Marzian, S. Nunn, R. Palumbo, T. Riner, M. Weaver, B. Yonts

     AN ACT relating to recommendations for a healthy Kentucky and declaring an emergency.
     Create sections of KRS Chapter 194A to set forth General Assembly findings, declarations, and goals; create the 9 member Commission for a Healthy Kentucky within the Cabinet for Health Services to develop an action plan to improve the health and well-being of all Kentuckians pursuant to the goals identified by Health Kentuckians 2010; establish membership qualifications with members to be appointed by Governor by June 1, 2005; require the Governor to appoint the chair; require the First Lady of the Commonwealth to be a special advisor to the commission; permit members to be reappointed to a second term of 4 years, and permit staggering of terms to assure continuity of experience; require commission to cease to exist no later than December 31, 2010; require commission to meet monthly for first 18 months, and quarterly thereafter, with first meeting by August 1, 2005; establish duties of the commission to include an inventory of local resources, including faith-based, for-profit, not-for-profit entities that are active in providing health care education, preventive care, disease detection, and treatment; require testimony to be solicited from local citizens, health department directors, directors of family resource and youth services centers, teachers, students, school cafeteria administrators, and others; require strategies to be developed to achieve goals of commission; require input from local extension agents; place local groups with responsibility to implement the plan, such as 4-H Club councils, faith-based organizations, extension advisory councils, among others; encourage development of incentives for participation in employee wellness programs; involve state college and university personnel for assistance with developing action plan; require media consultation for advice on methods to disseminate information about the action plan; build upon existing collaborative initiatives, wherever possible; assess availability of federal and other grant opportunities; permit commission to employ consultants; permit commission to form subcommittees or work groups consisting of members or nonmembers of the commission; require commission to use available data to assess effectiveness of local entities in meeting the health care goals; require recommendations for an action plan in a report to the Governor and the Legislative Research Commission; create a new section of KRS Chapter 158 to define "competitive food," "healthy beverage," and "school day"; prohibit a school from selling during a school day certain chewing gum and water ices, food with more than 40% added sugar by weight, or items with more than 6 grams of fat per serving, except for seeds and nuts; prohibit an elementary school from selling certain soda waters during a school day; permit a school to offer the a la carte sale in the cafeteria line those items that meet the United States Department of Agriculture standard for a breakfast or lunch component, except permit the sale of frozen desserts that have at least 25% real juice, yogurt, and dairy products; require during a school day that 75% of beverages offered in a middle school consist of healthy beverages, except that the sale of beverages to students in competition with the School Breakfast Program and National School Lunch Program shall be prohibited during the school day until 30 minutes after the close of the last lunch serving period, unless a waiver is obtained from the Kentucky Board of Education; prohibit healthy beverages from being sold at a higher price than other beverages; provide that the food and beverage requirements are effective with the 2006-2007 school year; create a new section of KRS Chapter 159 to require each school district to appoint a food service director, although 2 or more contiguous districts may form one school food service area with only one food service director; require the food service director to obtain a school food service and nutrition specialist credential or the Level 2 certificate issued by the American School Food Service Association by July 30, 2008; require 10 hours of continuing education to maintain the credential; require school cafeteria managers to obtain at least 2 hours of continuing education each year in applied nutrition and healthy meal planning and preparation; amend KRS 156.160 to require 30 minutes of physical activity each day in schools, or 150 minutes per week, coordinated by a certified physical education specialist, beginning with the 2007-2008 school year for preschool through intermediate programs, and 2008-2009 for middle school programs; specify penalties for violation of provisions relating to the sale of competitive foods and beverages; EMERGENCY.


     HCS/FN - Retain original provisions, except clarify that competitive foods are those that are sold in competition with the National School Lunch Program and the School Breakfast Program; require that only healthy beverages be sold in elementary schools; permit physical activity to be performed during recess in elementary schools; require that any such recess be considered part of the instructional day; and delete requirements for physical activity in the middle schools.

     HFA (1, T. Burch) - Change references from healthy beverages to school-day-approved beverages; clarify that beverages requirement for the sale of school-day-approved beverages applies only to vending machines, school stores, canteens, or fundraisers; delete the requirement that healthy beverages not be sold at a price higher than any other beverages.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House
     Jan 6-to Health and Welfare (H)
     Feb 1-posted in committee
     Feb 3-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 4-2nd reading, to Rules
     Feb 9-floor amendment (1) filed to Committee Substitute
     Feb 10-posted for passage in the Regular Orders of the Day for Friday, February 11, 2005
     Feb 11-3rd reading, passed 85-4 with Committee Substitute, floor amendment (1)
     Feb 14-received in Senate
     Feb 17-to Education (S)

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