Bill Text: NY A03095 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law, in relation to creating the office of nutrition and fitness

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A03095 Detail]

Download: New_York-2009-A03095-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3095
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by  M.  of  A.  BENJAMIN,  ORTIZ, LIFTON, MAYERSOHN, STIRPE,
         GABRYSZAK, FINCH, McKEVITT, WALKER, BROOK-KRASNY, JAFFEE, TOWNSEND  --
         Multi-Sponsored  by  --  M. of A. BOYLAND, BRENNAN, GUNTHER, JEFFRIES,
         MAISEL, McENENY, REILLY, SPANO, SWEENEY, WEISENBERG -- read  once  and
         referred to the Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to creating the office of
         nutrition and fitness
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new  article  24-A
    2  to read as follows:
    3                                 ARTICLE 24-A
    4                       OFFICE OF NUTRITION AND FITNESS
    5  SECTION 660. STATEMENT OF POLICY.
    6          661. DEFINITIONS.
    7          662. OFFICE OF NUTRITION AND FITNESS; DIRECTOR.
    8          663. POWERS AND DUTIES.
    9          664. ACTIONS BY OTHER OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS
   10                 OR AGENCIES.
   11    S 660. STATEMENT OF POLICY. THE LEGISLATURE HEREBY REAFFIRMS ITS POLI-
   12  CY  TO PROMOTE HEALTH AND NUTRITION TO PROTECT THE PUBLIC FROM PREVENTA-
   13  BLE DISEASES CAUSALLY RELATED TO OBESITY BY DEVELOPING AND  IMPLEMENTING
   14  A  PLAN  TO EDUCATE AND ENCOURAGE HEALTH AND NUTRITION IN THE STATE; AND
   15  RECOGNIZES THAT FURTHERANCE OF SUCH  POLICY  REQUIRES  CREATION  IN  THE
   16  EXECUTIVE  DEPARTMENT  OF  AN OFFICE OF NUTRITION AND FITNESS WITH STAFF
   17  AND SKILLS REQUISITE TO ACT AS THE GOVERNOR'S AGENT  IN  DEVELOPING  AND
   18  IMPLEMENTING HEALTHY NUTRITION AND FITNESS PROGRAMS, TO ASSURE THE PROP-
   19  ER IMPLEMENTATION AND ADMINISTRATION OF SUCH PROGRAMS, AND TO ASSIST THE
   20  GOVERNOR  AND  DIRECT  AND COORDINATE THE STATE'S EFFORTS WITH REGARD TO
   21  OVERALL NUTRITION AND FITNESS AND THE PREVENTION OF OBESITY.
   22    S 661. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02441-01-9
       A. 3095                             2
    1    1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF NUTRITION AND FITNESS.
    2    2. "OFFICE" SHALL MEAN THE OFFICE OF NUTRITION AND FITNESS.
    3    S 662. OFFICE  OF  NUTRITION  AND  FITNESS;  DIRECTOR. THERE IS HEREBY
    4  CREATED AN OFFICE OF NUTRITION AND FITNESS IN THE EXECUTIVE  DEPARTMENT.
    5  THE  HEAD  OF  THE OFFICE SHALL BE THE DIRECTOR OF NUTRITION AND FITNESS
    6  WHO SHALL BE APPOINTED BY, AND HOLD OFFICE AT THE PLEASURE OF THE GOVER-
    7  NOR. HE OR SHE SHALL RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN
    8  THE AMOUNT APPROPRIATED THEREFOR. THE DIRECTOR MAY  APPOINT  SUCH  DEPU-
    9  TIES,  ASSISTANTS,  CONSULTANTS AND OTHER EMPLOYEES AS MAY BE NEEDED FOR
   10  THE PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE THEIR POWERS  AND
   11  DUTIES  AND FIX THEIR COMPENSATION WITHIN THE AMOUNT APPROPRIATED THERE-
   12  FOR. SUCH OFFICE MAY HAVE AN OFFICE SEAL.
   13    S 663. POWERS AND DUTIES. THE DIRECTOR SHALL ASSIST THE GOVERNOR  WITH
   14  REGARD  TO  DEVELOPING  POLICY AND PROGRAMS TO IMPROVE THE NUTRITION AND
   15  FITNESS OF THE PEOPLE OF NEW YORK.
   16    S 664. ACTIONS BY OTHER OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS  OR
   17  AGENCIES.  1.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, ANY
   18  STATE OFFICER, DEPARTMENT, BOARD,  COMMISSION  OR  AGENCY,  SHALL,  UPON
   19  WRITTEN  REQUEST  FROM  THE  DIRECTOR, TAKE SUCH ADMINISTRATIVE OR OTHER
   20  ACTION AS IS NECESSARY TO IMPLEMENT AND ADMINISTER THE  PROGRAMS  DEVEL-
   21  OPED  BY  THE  OFFICE.  SUCH ACTION MAY INCLUDE, WITHOUT LIMITATION, THE
   22  ADOPTION, REPEAL OR AMENDMENT OF RULES, REGULATIONS OR OTHER PROCEDURES.
   23  IN PARTICULAR, THE  DIRECTOR  SHALL  WORK  CLOSELY  WITH  THE  EDUCATION
   24  DEPARTMENT  TO  DEVELOP AND IMPLEMENT PROGRAMS TO IMPROVE THE HEALTH AND
   25  NUTRITION OF STUDENTS IN SCHOOL AND WITH THE  DEPARTMENT  OF  HEALTH  TO
   26  DEVELOP  AND  IMPLEMENT  THE FINDINGS AND RECOMMENDATIONS OF THE OBESITY
   27  PREVENTION ACT, AS ESTABLISHED IN TITLE  FIVE  OF  ARTICLE  TWO  OF  THE
   28  PUBLIC  HEALTH LAW, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE
   29  LAWS OF TWO THOUSAND TWO.
   30    2. ALL STATE OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS  AND  AGENCIES
   31  ARE  AUTHORIZED  AND  DIRECTED TO PROVIDE SUCH OTHER AND FURTHER ASSIST-
   32  ANCE, SERVICES AND DATA AS MAY BE NECESSARY TO ALLOW THE DIRECTOR  PROP-
   33  ERLY TO CARRY OUT HIS OR HER FUNCTIONS, POWERS AND DUTIES.
   34    S 2. This act shall take effect on the one hundred eightieth day after
   35  it  shall have become a law. Effective immediately, the addition, amend-
   36  ment and/or repeal of any rule or regulation necessary for the implemen-
   37  tation of this act on its effective date are authorized and directed  to
   38  be made and completed on or before such effective date.