03RS HB77


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HB 77/FN (BR 304) - T. Burch, T. Feeley, J. Adams, P. Bather, S. Brinkman, L. Clark, M. Denham, C. Hoffman, M. Marzian, R. Meeks, T. Riner, D. Sims, K. Stein, G. Stumbo, T. Thompson, J. Wayne, R. Webb, S. Westrom

     AN ACT relating to children's health.
     Create new sections of KRS Chapter 158 to make General Assembly findings and declarations relating to obesity; define "school day"; set standards for the sale of certain food, beverage, and snack items in vending machines or otherwise; prohibit the sale of certain foods inconsistent with the School Breakfast Program or National School Lunch Program until 30 minutes after the close of the last lunch period; permit a school, outside the cafeteria, to sell water, low-fat milk, or juice that contains at least 25% real juice at any time during the school day except during breakfast or lunch; permit only high schools to sell soda waters at designated time; provide that a la carte foods on the cafeteria line meet federal standard for breakfast or lunch components; establish 2004-2005 school year as effective date for compliance; require school district to appoint a food service director and require credentialing; require continuing education; amend KRS 156.160 to require 30 minutes of physical activity each day or 135 minutes each week for a public school, effective with the 2005-2006 school year for preschool through intermediate program and 2006-2007 for the middle school program; encourage consultation with physical education specialists; provide penalty for failure to comply with requirements for competitive food and beverage sales.


     HCS - Retain original provisions, except to permit high schools to sell soda waters thirty minutes after the close of the last lunch period; provide that any food, instead of just candy, that contains more than 40% added sugar by weight shall not be sold during the school day; remove dried fruit from the list of foods exempted from the prohibition against the sale of food items containing more than 6 grams of fat; and permit a school to sell low-fat flavored milk, in addition to low-fat milk.

     HFA (1, J. Vincent) - Delete the 30 minute per day or 135 minute each week requirement for physical activity.

     HFA (2, G. Lindsay) - Delete portion of amendment of KRS 156.160 which relates to mandatory physical education.

     HFA (3, F. Rasche) - Delete the requirement for required physical activity of students within schools; add requirement to report the percentage of students meeting the President's Physical Fitness Award criteria on the elementary school report card.

     HFA (4, T. Feeley) - Delete the requirement for structured, moderate physical activity each day; require each school to offer water to students during the lunch period; and require the Kentucky Department of Education in cooperation with other entities to develop guidelines to incorporate planned, sequential instruction within the elementary and middle school curriculum that promotes lifelong physical activity for implementation in the 2005-2006 school year.

     SFA (1, R. Palmer II) - Provide that only 50% of the items sold in high school vending machines, stores, canteens, or fundraisers must comply with the nutrition standards for the sale of certain food, beverage, and snack items.

     SFA (2, R. Palmer II) - Provide that the provisions relating to vending machines, school stores, canteens, or fundraisers only apply to elementary and middle schools.

     (Prefiled by the sponsor(s))

     Jan 7-introduced in House; to Education (H)
     Jan 8-reassigned to Health and Welfare (H)
     Jan 9-posted in committee
     Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 7-2nd reading, to Rules
     Feb 10-posted for passage in the Regular Orders of the Day for Tuesday, February 11, 2003; floor amendments (1) (2) and (3) filed to Committee Substitute
     Feb 11-floor amendment (4) filed to Committee Substitute
     Feb 12-3rd reading, passed 63-35 with Committee Substitute, floor amendment (4)
     Feb 13-received in Senate
     Feb 19-to Veterans, Military Affairs, & Public Protection (S)
     Feb 26-floor amendment (1) filed
     Feb 27-floor amendment (2) filed
     Mar 3-discharge petition filed

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