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 nine 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 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 four 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," "school-day-approved 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 anything other than school-day-approved beverages in vending machines and through fundraisers 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 school-day-approved 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; 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 two 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 ten hours of continuing education to maintain the credential; require school cafeteria managers to obtain at least two hours of continuing education each year in applied nutrition and healthy meal planning and preparation; amend KRS 156.160 to permit physical activity to be performed during recess in elementary schools and require that any such recess be considered part of the instructional day; specify penalties for violation of provisions relating to the sale of competitive foods and beverages; EMERGENCY.

     Feb 14-introduced in Senate
     Feb 15-to Education (S)