02RS HB553

HB553

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HB 553 (BR 2009) - T. Burch, L. Clark, J. Coleman, M. Denham, J. Draud, T. Feeley, C. Hoffman, J. Jenkins, M. Marzian, L. Napier, R. Palumbo, K. Stein, M. Weaver, S. Westrom, B. Yonts

     AN ACT relating to children's physical health.
     Require a legislative task force to study the obesity epidemic and the health consequences of obesity in Kentucky's youth and make recommendations to the Legislative Research Commission by August 31, 2003; amend KRS 156.160 to require a thirty minute structured physical activity for preschool through primary grades and require the Kentucky Board of Education to promulgate an administrative regulation to establish physical activity requirements for students in sequential grades with a timely calendar of implementation; amend KRS 156.990 to establish penalties for any public school that does not comply with the prohibitions relating to the sale of competitive food and beverages; create a new section of KRS Chapter 158 to prohibit or limit the sale of certain food products during a school day; and create a new section of KRS Chapter 160 to require the appointment of a district food service director with certain qualifications; specify continuing education requirements of cafeteria managers and for food service directors to maintain their credentials.

HB 553 - AMENDMENTS


     HCS - Retain provision establishing the task force; amend KRS 156.160 to require the Kentucky Board of Education to develop plan regarding the U.S. Surgeon Generalís recommendations on obesity and physical activity, and to promote structured, moderate physical activity for 30 minutes and develop alternative plans for the integration of physical activity during the school day; amend KRS 156.990 to establish penalties for violations of Section 4 concerning the prohibited sale of certain food products during the school day; create new section of KRS Chapter 158 to prohibit or limit the sale of certain food products during a school day; and create a new section of KRS Chapter 160 to require the appointment of a district food service director with certain qualifications, and specify continuing education requirements of cafeteria managers and food service directors to maintain their credentials.

     HFA (1, T. Feeley) - Retain original provisions except require 10 members on the task force and include a representative from the Kentucky School Food Service Association; encourage schools to offer low-fat dairy products for sale; require schools to have a food service director or other individual responsible for the management and oversight of the food services program and require that person to maintain certification or credentials.

     HFA (2, F. Rasche) - Add provision requiring the Kentucky Board of Education to address the nutrient density of items included for sale in vending machines or a la carte in the school cafeteria in administrative regulation; delete the language in Sections 3, 4, and 5 in their entirety; create a new section of KRS Chapter 161 to require the Kentucky Department of Education to establish the job qualifications and professional development requirements for a school food service director; specify that the Education Professional Standards Board shall establish the requirements to be a certified director of school food service; require the department to develop professional development requirements for cafeteria managers within specific areas; require each school district to appoint a food service director and allow for two or more contiguous districts to form a "school food service area"; require the department to develop a framework for a comprehensive plan of coordinated school health based on eight required components; require the department to present the framework to the LRC and the Interim Joint Committee on Education.

     HFA (3, T. Feeley) - Delete Section 2 of the bill; create a new section of KRS Chapter 156 to require the Kentucky Board of Education to develop a plan to include recommendations of the United States Surgeon General relating to physical activity.

     SCS - Retain original provisions; change membership of task force to include 6 rather than 10 legislators, 3 school principals and 1 local board member; encourage rather than require the Kentucky Board of Education to develop a plan to incorporate the recommendations of the United States Surgeon General related to overweight and physical activity in the schools; permit middle schools as well as high schools to sell soda waters.

     SFA (1, D. Mongiardo) - Clarify that sodas may be sold after school in middle schools that are stand-alone facilities.

     SFA (2, D. Mongiardo) - Add a new section to require local districts to compare the receipts from vending machine sales and forward to the Kentucky Department of Education to use in reporting the effects of controlled vending machine sales on the overall financial impact on schools.

     SFA (3, J. Denton) - Create a new section of KRS 205.510 to 205.645 to require adult day health care programs to provide services only during the posted hours of operation.

     SFA (4/Title, J. Denton) - Make title amendment.

     SFA (5, J. Denton) - Create a new section of KRS Chapter 436 to provide that a person who violates the provisions of Section 1 of 2002 House Bill 138/GA for pecuniary gain shall be civilly liable in an amount not less than $50,000 and not greater than double the amount equal to gross gain, if that amount is greater than $50,000.

     SFA (6, J. Denton) - Create a new section of KRS Chapter 436 to provide that nothing in Section 1 of 2002 House Bill 138/GA shall be construed to restrict areas of scientific research or treatment not specifically prohibited by federal regulation, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

     SFA (7, D. Kelly) - Delete original provisions and require Department of Education to establish a study group on obesity and overweight and specify duties of study group; require report of study by August 31, 2003; create a new section of KRS Chapter 156 to encourage the Kentucky School Board Association to develop a plan to incorporate recommendations on obesity and overweight and to develop guidelines for local school districts to implement physical activity in schools; create a new chapter of KRS 158 to require each school district to appoint or contract with a credentialed food service director to review, evaluate and report on the sale of food and beverage items in conflict with national school food programs; require a public report to the school board and school-based decision making council by December 1, 2002; require the school board to present a plan to incorporate the recommendations of the United States Surgeon General related to overweight in schools by the 2004-2005 school year; specify that nothing shall limit the sale of food and beverage items to teachers and other adult school employees.

     SFA (8, D. Kelly) - Delete original provisions and require Department of Education to establish a study group on obesity and overweight and specify duties of study group; require report by December 31, 2002 and each December; create a new section of KRS Chapter 156 require the Kentucky Board of Education to promulgate administrative regulations specifying nutritional content standards for food and beverage items for the 2003-2004 school year and encourage the board to develop guidelines for local school districts to implement physical activity in schools; create a new section of KRS 158 to require the appointment of a district food service director with certain qualifications; specify continuing education requirements of cafeteria managers and for food service directors to maintain their credentials; require each school district to appoint or contract with a credentialed food service director to review, evaluate and report on the sale of food and beverage items in conflict with national school food programs and require a public report to the school board and school-based decision making council by October 31, 2002 and each October; require the school board to present a plan to comply with recommendations including the recommendations of the United States Surgeon General related to overweight in schools by the 2004-2005 school year; specify that nothing shall limit the sale of food and beverage items to teachers and other adult school employees.

     Jan 31-introduced in House
     Feb 1-to Education (H)
     Feb 5-posted in committee
     Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 28-2nd reading, to Rules
     Mar 4-posted for passage in the Regular Orders of the Day for Tuesday, March 5, 2002; floor amendment (1) filed to Committee Substitute
     Mar 5-floor amendment (2) filed to Committee Substitute
     Mar 6-floor amendment (3) filed to Committee Substitute
     Mar 7-3rd reading, passed 87-5 with Committee Substitute, floor amendments (1) and (3)
     Mar 8-received in Senate
     Mar 13-to Education (S)
     Mar 20-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 21-2nd reading, to Rules; floor amendments (1) and (2) filed to Committee Substitute
     Mar 28-floor amendment (3) filed to Committee Substitute, floor amendment (4-title) filed
     Mar 29-floor amendments (1) and (2) withdrawn ; floor amendments (5) and (6) filed to Committee Substitute
     Apr 1-floor amendment (7) filed to Committee Substitute
     Apr 2-floor amendment (8) filed to Committee Substitute
     Apr 15-posted for passage in the Regular Orders of the Day for Monday, April 15, 2002; 3rd reading; floor amendments (3) (4) (5) (6) and (7) withdrawn ; passed 27-10 with Committee Substitute, floor amendment (8) ; received in House; posted for passage for concurrence in Senate floor amendments (3) (4-title) (5) (6) (7) and (8)


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