S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1735

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:

  Section  1.  The executive law is amended by adding a new article 24-A
to read as follows:
                               ARTICLE 24-A
                     OFFICE OF NUTRITION AND FITNESS
SECTION 660. STATEMENT OF POLICY.
        661. DEFINITIONS.
        662. OFFICE OF NUTRITION AND FITNESS; DIRECTOR.
        663. POWERS AND DUTIES.
        664. ACTIONS BY OTHER OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS
               OR AGENCIES.
  S 660. STATEMENT OF POLICY. THE LEGISLATURE HEREBY REAFFIRMS ITS POLI-
CY TO PROMOTE HEALTH AND NUTRITION TO PROTECT THE PUBLIC FROM  PREVENTA-
BLE  DISEASES CAUSALLY RELATED TO OBESITY BY DEVELOPING AND IMPLEMENTING
A PLAN TO EDUCATE AND ENCOURAGE HEALTH AND NUTRITION IN THE  STATE;  AND
RECOGNIZES  THAT  FURTHERANCE  OF  SUCH  POLICY REQUIRES CREATION IN THE
EXECUTIVE DEPARTMENT OF AN OFFICE OF NUTRITION AND  FITNESS  WITH  STAFF
AND  SKILLS  REQUISITE  TO ACT AS THE GOVERNOR'S AGENT IN DEVELOPING AND
IMPLEMENTING HEALTHY NUTRITION AND FITNESS PROGRAMS, TO ASSURE THE PROP-
ER IMPLEMENTATION AND ADMINISTRATION OF SUCH PROGRAMS, AND TO ASSIST THE
GOVERNOR AND DIRECT AND COORDINATE THE STATE'S EFFORTS  WITH  REGARD  TO
OVERALL NUTRITION AND FITNESS AND THE PREVENTION OF OBESITY.
  S 661. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF NUTRITION AND FITNESS.
  2. "OFFICE" SHALL MEAN THE OFFICE OF NUTRITION AND FITNESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02170-01-1

              

S. 1735                             2

  S 662. OFFICE  OF  NUTRITION  AND  FITNESS;  DIRECTOR. THERE IS HEREBY
CREATED AN OFFICE OF NUTRITION AND FITNESS IN THE EXECUTIVE  DEPARTMENT.
THE  HEAD  OF  THE OFFICE SHALL BE THE DIRECTOR OF NUTRITION AND FITNESS
WHO SHALL BE APPOINTED BY, AND HOLD OFFICE AT THE PLEASURE OF THE GOVER-
NOR. HE OR SHE SHALL RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN
THE  AMOUNT  APPROPRIATED  THEREFOR. THE DIRECTOR MAY APPOINT SUCH DEPU-
TIES, ASSISTANTS, CONSULTANTS AND OTHER EMPLOYEES AS MAY BE  NEEDED  FOR
THE  PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE THEIR POWERS AND
DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNT APPROPRIATED  THERE-
FOR. SUCH OFFICE MAY HAVE AN OFFICE SEAL.
  S 663. POWERS  AND DUTIES. THE DIRECTOR SHALL ASSIST THE GOVERNOR WITH
REGARD TO DEVELOPING POLICY AND PROGRAMS TO IMPROVE  THE  NUTRITION  AND
FITNESS OF THE PEOPLE OF NEW YORK.
  S 664. ACTIONS  BY OTHER OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS OR
AGENCIES. 1. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF  LAW,  ANY
STATE  OFFICER,  DEPARTMENT,  BOARD,  COMMISSION  OR AGENCY, SHALL, UPON
WRITTEN REQUEST FROM THE DIRECTOR, TAKE  SUCH  ADMINISTRATIVE  OR  OTHER
ACTION  AS  IS NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAMS DEVEL-
OPED BY THE OFFICE. SUCH ACTION MAY  INCLUDE,  WITHOUT  LIMITATION,  THE
ADOPTION, REPEAL OR AMENDMENT OF RULES, REGULATIONS OR OTHER PROCEDURES.
IN  PARTICULAR,  THE  DIRECTOR  SHALL  WORK  CLOSELY  WITH THE EDUCATION
DEPARTMENT TO DEVELOP AND IMPLEMENT PROGRAMS TO IMPROVE THE  HEALTH  AND
NUTRITION  OF  STUDENTS  IN  SCHOOL AND WITH THE DEPARTMENT OF HEALTH TO
DEVELOP AND IMPLEMENT THE FINDINGS AND RECOMMENDATIONS  OF  THE  OBESITY
PREVENTION  ACT,  AS  ESTABLISHED  IN  TITLE  FIVE OF ARTICLE TWO OF THE
PUBLIC HEALTH LAW, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF  THE
LAWS OF TWO THOUSAND TWO.
  2.  ALL  STATE OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS AND AGENCIES
ARE AUTHORIZED AND DIRECTED TO PROVIDE SUCH OTHER  AND  FURTHER  ASSIST-
ANCE,  SERVICES AND DATA AS MAY BE NECESSARY TO ALLOW THE DIRECTOR PROP-
ERLY TO CARRY OUT HIS OR HER FUNCTIONS, POWERS AND DUTIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.