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H. 3346
STATUS INFORMATION
General Bill
Sponsors: Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J.H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J.E. Smith, Clark, Rutherford and Neilson
Document Path: l:\council\bills\nbd\11033ac05.doc
Introduced in the House on January 25, 2005
Currently residing in the House Committee on Education and Public Works
Summary: Children's Health Obesity Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/25/2005 House Introduced and read first time HJ-7
1/25/2005 House Referred to Committee on Education and Public Works HJ-8
3/2/2005 House Member(s) request name added as sponsor: Clark
4/5/2005 House Member(s) request name added as sponsor: Rutherford
5/11/2005 House Recalled from Committee on Education and Public Works
HJ-87
5/12/2005 Scrivener's error corrected
5/18/2005 House Debate adjourned until Thursday, May 19, 2005 HJ-71
5/19/2005 House Member(s) request name added as sponsor: Neilson
5/19/2005 House Debate adjourned until Tuesday, May 24, 2005 HJ-49
5/24/2005 House Debate adjourned until Wednesday, May 25, 2005 HJ-22
5/26/2005 House Recommitted to Committee on Education and Public Works
HJ-10
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
RECALLED
May 11, 2005
H. 3346
Introduced by Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J.H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J.E. Smith, Clark and Rutherford
S. Printed 5/11/05--H. [SEC 5/12/05 2:28 PM]
Read the first time January 25, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND RECOMMENDATIONS TO BE IMPLEMENTED BY THE DEPARTMENT OF EDUCATION; TO PROVIDE FOR CERTAIN HEALTH AND NUTRITION SPECIALISTS TO BE EMPLOYED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION, CONTINGENT UPON AVAILABLE FUNDING; TO REQUIRE SCHOOL DISTRICTS TO CONVENE NUTRITION AND PHYSICAL ACTIVITY ADVISORY COMMITTEES; TO REQUIRE STUDENT AND SCHOOL REPORT CARDS TO CONTAIN CERTAIN HEALTH DATA; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE IMPLEMENTATION OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-45-10. (A) There is created the Child Health Advisory Committee to consist of the following seventeen members to be appointed by the Director of the Department of Health and Environmental Control:
(1) one representative of the Department of Health and Environmental Control;
(2) one representative of the South Carolina Dietetic Association;
(3) one representative of the South Carolina Chapter of the American Academy of Pediatrics;
(4) one representative of the South Carolina Academy of Family Practice;
(5) one representative of the Governor's Council on Physical Fitness;
(6) one member jointly representing the American Heart Association, the American Cancer Society, and the American Diabetes Association;
(7) one representative of the School of Public Health from the University of South Carolina;
(8) one representative of the South Carolina Department of Agriculture;
(9) one representative of the South Carolina Association of School Social Workers;
(10) one representative of the University of Clemson Cooperative Extension Service;
(11) one representative of the Department of Education, upon the recommendation of the Superintendent of Education;
(12) one representative of the South Carolina School Food Service Association;
(13) one representative of the South Carolina School Nurses Association;
(14) one representative of the South Carolina Association of School Administrators; and
(15) one representative of the South Carolina Parent Teacher Association.
(B) Members shall serve three year terms, except for the initial members whose terms must be determined by lot with six members serving three year terms, six members serving two year terms, and five members serving one year terms. A vacancy must be filled in the manner of the original appointment with a person who represents the same constituency as the member being replaced.
(C) Members of the committee shall serve without pay but may receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions.
(D) The committee shall elect one of its members to act as chair for a term of one year.
(E) The Department of Health and Environmental Control shall provide office space and staff for the committee.
Section 44-45-20. (A) The Child Health Advisory Committee shall meet at least once a month and shall make recommendations to the Department of Health and Environmental Control and the Department of Education consistent with the intent and purpose of this chapter.
(B) The committee shall develop nutrition and physical activity standards and policy recommendations taking into consideration the following:
(1) foods sold individually in school cafeterias but outside the regulated National School Lunch Program;
(2) competitive foods as defined by the United States Department of Agriculture and offered at schools typically through vending machines, student stores, school fundraisers, food carts, or food concessions;
(3) continuing professional development of food service staff;
(4) expenditure of funds derived from competitive food and beverage contracts;
(5) physical education and activity;
(6) systems to ensure the implementation of nutrition and physical activity standards; and
(7) monitoring and evaluating results and reporting outcomes.
Section 44-45-30. (A) The Department of Education, after consulting with the Child Health Advisory Committee and the Department of Health and Environmental Control, shall promulgate regulations to ensure that nutrition and physical activity standards are implemented to provide students with the skills, opportunities, and encouragement to adopt healthy lifestyles.
(B) Beginning with the 2005-2006 school year, the Department of Health and Environmental Control, in consultation with Department of Education, shall employ:
(1) one qualified community health promotion professional, with training, experience, or both, in nutrition, chronic disease, or another related field to be housed within the Department of Health and Environmental Control to plan, develop, implement, and evaluate pilot or model programs to support schools and communities, if funds are available;
(2) one statewide health promotion consultant to be housed within the Department of Education, if funds are available;
(3) one person as a community health promotion specialist to support implementation of pilot or model programs in schools and communities in nutrition and physical activity in several distinct geographical areas of the State, if funds are available.
(C) Beginning with the 2005-2006 school year, every school district shall:
(1) prohibit, for elementary school students, in-school access to vending machines offering food and beverages;
(2) require schools to include as part of an annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts;
(3) require schools to include as part of each student's report card an annual body mass index percentile by age for that student; and
(4) require schools to annually provide parents with an explanation of the possible health effects of body mass index, nutrition, and physical activity.
(D) Beginning with the 2006-2007 school year, the Department of Education shall:
(1) begin the implementation of nutrition and physical activity standards developed by the Child Health Advisory Committee and by the Department of Education; and
(2) annually monitor and evaluate the implementation and effectiveness of the nutrition and physical activity standards.
(E) Beginning with the 2006-2007 school year, every school district shall:
(1) convene a school nutrition and physical activity advisory committee that must include members from school district governing boards, school administrators, food service personnel, teacher organizations, parents, students, members of the public, and professional groups including, but not limited to, nurses and dieticians to:
(a) help raise awareness of the importance of nutrition and physical activity; and
(b) assist in the development of local policies that address issues and goals including, but not limited to:
(i) assisting with the implementation of nutrition and physical activity standards developed by the Child Health Advisory Committee;
(ii) integrating nutrition and physical activity into the overall curriculum;
(iii) ensuring that professional development for staff includes nutrition and physical activity issues;
(iv) ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity;
(v) improving the quality of physical education curricula and increasing training of physical education teachers;
(vi) enforcing existing physical education requirements; and
(vii) pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value;
(2) begin the implementation of standards developed by the Child Health Advisory Committee; and
(3) require that goals and objectives for nutrition and physical activity be incorporated into the annual school planning and reporting process.
(F) The Department of Education and the Department of Health and Environmental Control shall report annually on progress in implementing nutrition and physical activity standards to the chairmen of the Senate Education and Medical Affairs Committees and the House Education and Medical, Military,Public and Municipal Affairs Committees.
SECTION 2. This act takes effect upon approval by the Governor.
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