ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2816
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[Passed April 9, 2005, in effect ninety days from passage]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5-1E-1, §5-1E-2,
§5-1E-3, §5-1E-4 and §5-1E-5; and to amend and reenact
§18-2-6a, §18-2-7a and §18-2-9 of said code, all relating to
promoting healthy lifestyles; creating a Healthy Lifestyles
Office in the Department of Health and Human Resources;
establishing the functions of the Office; creating a special
revenue account; establishing a voluntary private sector
partnership program to encourage healthy lifestyles;
establishing physical activity requirements in the schools;
using body mass index as an indicator of progress; encouraging
the use of healthy beverages in schools; and adding
requirements for health education.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5-1E-1, §5-1E-2,
§5-1E-3, §5-1E-4 and §5-1E-5; and that §18-2-6a, §18-2-7a and §18-2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.
§5-1E-1. Findings and purposes.
The Legislature finds and declares that the rise in obesity
and related weight problems accompanied by the resulting incidence
of chronic disease has created a health care crisis that burdens
the health care infrastructure of the state. The Legislature also
finds that the State of West Virginia must take an informed,
sensitive approach to communicate and educate the citizens of the
state about health issues related to obesity and inappropriate
weight gain. The Legislature further finds that the state must
take action to assist West Virginia citizens in engaging in
healthful eating and regular physical activity. The Legislature
further finds that the state must invest in research that improves
understanding of inappropriate weight gain and obesity. These
efforts are needed to coordinate the state's interest in improving
the health of its citizens and in reducing the cost of health care.
Therefore, it is the purpose of this article to create, as an
integral part of the Department of Health and Human Resources, an
entity to coordinate the efforts of all agencies to prevent and
remedy obesity and related weight problems and to ensure that all
citizens are being educated on this serious health risk that is affecting the state.
§5-1E-2. Creation of the Office of Healthy Lifestyles.
There is hereby created the Office of Healthy Lifestyles
within the Department of Health and Human Resources. The
management of this office shall be provided in the manner
determined by the Secretary of the Department of Health and Human
Resources to be in the best interest of the state and its citizens.
§5-1E-3. Powers and duties of the Office.
The Office of Healthy Lifestyles shall:
(1) Establish a Healthy Lifestyle Coalition to assure
consistency of the public health and private sector approach to
dealing with programs that address the problems that affect
overweight and obese individuals; to provide a forum for discussing
the issues that affect healthy lifestyles and to identify best
practices that can be replicated. By the first day of July, two
thousand five, the Governor shall appoint thirteen members of the
Coalition whose terms shall be for a period of four years, and the
members may be reappointed to a second term. The terms may be
staggered by the Governor to assure continuity of experience on the
coalition. Members shall represent state agencies, community
organizations and other entities which have an interest and
expertise in obesity. Members may not be compensated but shall
receive reimbursement for expenses incurred while performing the
business of the coalition. The Coalition shall meet monthly for at
least the first eighteen months of the Coalition to develop and
implement an action plan to meet the goals established by the Coalition;
(2) Establish a clinical advisory committee to assure a
unified approach using the latest research to assure consistency in
program development;
(3) Establish a statewide voluntary private sector partnership
and recognition program for employers, merchants, restaurants and
other private sector businesses to encourage the development or
further advance current programs that encourage healthy lifestyles;
(4) Coordinate higher education training programs for dietary
and exercise physiology students with rural health care providers;
(5) Coordinate existing health promotion initiatives to assure
clear, concise and consistent communication;
(6) Solicit, accept and expend grants, gifts, bequests,
donations and other funds from any source for programs that will
enable the state to accomplish the goals of this program;
(7) Develop a cross-agency series of goals to ensure
consistency throughout the system of providers and agencies working
in the area of improving lifestyles;
(8) Establish as a goal to increase the prevalence of healthy
weight among all people in the state because obesity leads to
diabetes, heart disease, strokes and kidney failure. These
diseases, often arising in older age as a result of unhealthy
lifestyles that began during a person's youth, place an undue
financial burden on individuals, the health care industry and state
health care programs;
(9) Consider the resources of the local health departments and recommend ongoing relationships, as appropriate, between local
health departments, family resource networks, faith-based
organizations, cooperative extension services, farm bureaus and
other health care providers;
(10) Encourage the development of incentives for participation
in employee wellness programs. Incentives may be based upon, but
should not be limited to, the employee's completion of health
questionnaires or participating in healthy lifestyles initiatives,
and may use experiences of successful initiatives that have
occurred in this state. The action plan should include among its
targets, state government employees in this incentive program;
(11) Build upon existing initiatives that focus on any of the
coalition's goals, soliciting input from these initiatives and
eliminating duplication of efforts;
(12) Report its progress annually by the first of December to
the Legislative Oversight Commission on Health and Human Resource
Accountability.
§5-1E-4. Partnership to encourage healthy lifestyles by children
and families.
(a) The West Virginia Healthy Lifestyles program will develop
a statewide voluntary private sector partnership program to work
with businesses throughout the State that encourage and promote
healthy lifestyles among their employees and communities.
(b) Beginning the first day of July, two thousand five, those
businesses voluntarily choosing to participate in the Healthy
Lifestyles program shall submit their own detailed programs to the Office of Healthy Lifestyles for review. The programs should be
creative and unique, highlighting the efforts of the business to
promote healthy lifestyles to West Virginians through sensible diet
and physical fitness.
(c) The West Virginia Healthy Lifestyles program will develop
a recognition program for private sector enterprises that develop
or advance programs that address the problems affecting overweight
and obese individuals and that promote a healthy lifestyle.
(d) Any business program promoting healthy lifestyles that is
recognized by the Office of Healthy Lifestyles will be issued a
universally recognized logo, suitable for public display by the
business.
(e) Marketing of programs recognized by the Office of Healthy
Lifestyles shall take place through all state agencies. The West
Virginia Public Employees Insurance Agency, the Bureau for Medical
Services and the West Virginia Workers' Compensation Commission
shall aggressively market this program to their members for the
purposes of health promotion among their members.
(f) The Office of Healthy Lifestyles shall market recognized
programs to other businesses, as models, to help create additional
programs promoting healthy lifestyles.
(g) The Office of Healthy Lifestyles shall report annually by
the first day of December to the Legislative Oversight Commission
on Health and Human Resources Accountability: (1) The number of
participants; (2) the impact on businesses as established by a
survey of participating businesses; and (3) the results of consumer satisfaction surveys all designed by the Office of Healthy
Lifestyles.
§5-1E-5. Creation of a Healthy Lifestyles Fund.
There is hereby created in the State Treasury a separate
special revenue account, which shall be an interest bearing
account, to be known as the "Healthy Lifestyles Fund". The special
revenue account shall consist of all appropriations made by the
Legislature, income from the investment of moneys held in the
special revenue account and all other sums available for deposit to
the special revenue account from any source, public or private. No
expenditures for purposes of this section are authorized from
collections except in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the
provisions set forth in article two, chapter eleven-b of this code.
Any balance remaining in the special revenue account at the end of
any state fiscal year does not revert to the general revenue fund
but remains in the special revenue account and shall be used solely
in a manner consistent with this article. No expenses incurred
under this section shall be a charge against the general funds of
the state.
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6a. Sale of healthy beverages and soft drinks in schools.
(a) In order to generate funding for necessary programs and
supplies, county boards may permit the sale of healthy beverages and soft drinks in county schools except during breakfast and lunch
periods as follows:
(1) During a school day, soft drinks may not be sold in areas
accessible to students in an elementary school, middle school or
junior high school through vending machines on the premises, in
school stores or in school canteens or through fund raisers by
students, teachers, groups or by any other means. In elementary,
middle school or junior high school, only healthy beverages may be
sold in vending machines on the premises, in school canteens or
through fundraisers by students, teachers, groups or by any other
means. Nothing in this section shall be construed to prohibit or
limit sale or distribution of any food or beverage item through
fund-raising activities of students, teachers or educational groups
when the items are intended for sale off the school grounds.
(2) Those high schools which permit the sale of soft drinks
through vending machines also shall offer for sale healthy
beverages. Of the total beverages offered for sale, at least fifty
percent shall be healthy beverages. Vending machines containing
healthy beverages shall be in the same location or substantially
similar location as vending machines containing soft drinks.
(3) The sale of healthy beverages and soft drinks shall be in
compliance with the rules of the National School Lunch Program and
the School Breakfast Program of the State Board and the Nutrition
Service of the United States Department of Agriculture, which
became effective on the seventeenth day of June, one thousand nine
hundred eighty-five. Seventy-five percent of the profits from the sale of healthy beverages and soft drinks shall be allocated by a
majority vote of the faculty senate of each school and twenty-five
percent of the profits from the sale of healthy beverages and soft
drinks shall be allocated to the purchase of necessary supplies by
the principal of the school.
(b) For the purposes of this section:
(1) "School day" means the period of time between the arrival
of the first student at the school building and the end of the last
instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit
and vegetable juice, low-fat milk and other juice beverages with a
minimum of twenty percent real juice.
§18-2-7a. Legislative findings; required physical education;
program in physical fitness.
(a) The Legislature hereby finds that obesity is a problem of
epidemic proportions in this state. There is increasing evidence
that all segments of the population, beginning with children, are
becoming more sedentary, more overweight, and more likely to
develop health risks and diseases including Type II Diabetes, high
blood cholesterol and high blood pressure. The Legislature further
finds that the promotion of physical activity during the school day
for school children is a crucial step in combating this growing
epidemic and in changing the attitudes and behavior of the
residents of this state toward health promoting physical activity.
(b) As a result of these findings, the State Department of
Education shall establish the requirement that each child enrolled in the public schools of this state actively participates in
physical education classes during the school year to the level of
his or her ability as follows:
(1) Kindergarten to and including grade five. -- Not less than
thirty minutes of physical education, including physical exercise
and age appropriate physical activities, for not less than three
days a week.
(2) Grade six to and including grade eight. -- Not less than
one full period of physical education, including physical exercise
and age appropriate physical activities, each school day of one
semester of the school year.
(3) Grade nine to and including grade twelve. -- Not less than
one full course credit of physical education, including physical
exercise and age appropriate physical activities which shall be
required for graduation and the opportunity to enroll in an
elective lifetime physical education course.
(c) Enrollment in physical education classes and activities
required by the provisions of this section shall not exceed, and
shall be consistent with, state guidelines for enrollment in all
other subjects and classes: Provided, That schools which do not
currently have the number of certified physical education teachers
or required physical setting may develop alternate programs that
will enable current staff and physical settings to be used to meet
the physical education requirements established herein. These
alternate programs shall be submitted to the State Department of
Education and the Healthy Lifestyle Council for approval. Those schools needing to develop alternate programs shall not be required
to implement this program until the school year commencing two
thousand six.
(d) The State Board shall prescribe a program within the
existing health and physical education program which incorporates
fitness testing, reporting, recognition, fitness events and
incentive programs which requires the participation in grades four
through eight and the required high school course. The program
shall be selected from nationally accepted fitness testing programs
designed for school-aged children that test cardiovascular fitness,
muscular strength and endurance, flexibility and body composition:
Provided, That nothing in this subsection shall be construed to
prohibit the use of programs designed under the auspices of the
President's Council on Physical Fitness and Sports. The program
shall include modified tests for exceptional students. Each school
in the state shall participate in National Physical Fitness and
Sports Month in May of each year and shall make every effort to
involve the community it serves in the related events.
(e) Body mass index measures shall be used as an indicator of
progress toward promoting healthy lifestyles among school-aged
children. The body mass index measures shall be determined using
student height and weight data and reported to the State Department
of Education via the West Virginia Education Information System.
Body mass index measures shall be included in kindergarten
screening procedures. Students in grades four through eight and
students enrolled in high school physical education courses shall have their body mass index measured through required fitness
testing procedures. All school personnel responsible for
conducting and reporting body mass index measures shall receive
training or written documentation on the appropriate methodology
for assessing the body mass index and reporting data in a manner
that protects student confidentiality. All body mass index data
shall be reported in aggregate to the Governor, the State Board of
Education, the Healthy Lifestyles Coalition and the Legislative
Oversight Commission on Health and Human Resource Accountability.
§18-2-9. Required courses of instruction; violation and penalty.
(a) In all public, private, parochial and denominational
schools located within this state there shall be given prior to the
completion of the eighth grade at least one year of instruction in
the history of the state of West Virginia. The schools shall
require regular courses of instruction by the completion of the
twelfth grade in the history of the United States, in civics, in
the constitution of the United States, and in the government of the
state of West Virginia for the purpose of teaching, fostering and
perpetuating the ideals, principles and spirit of political and
economic democracy in America and increasing the knowledge of the
organization and machinery of the government of the United States
and of the state of West Virginia. The State Board shall, with the
advice of the State Superintendent, prescribe the courses of study
covering these subjects for the public schools. It shall be the
duty of the officials or boards having authority over the
respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and
supervision similar to those required for the public schools. To
further such study, every high school student eligible by age for
voter registration shall be afforded the opportunity to register to
vote pursuant to section twenty-two, article two, chapter three of
this code.
(b) The State Board shall cause to be taught in all of the
public schools of this state the subject of health education,
including instruction in any of the grades six through twelve as
considered appropriate by the county board, on (1) the prevention,
transmission and spread of acquired immune deficiency syndrome and
other sexually transmitted diseases, (2) substance abuse, including
the nature of alcoholic drinks and narcotics, tobacco products, and
other potentially harmful drugs, with special instruction as to
their effect upon the human system and upon society in general and
(3) the importance of healthy eating and physical activity to
maintaining healthy weight. The course curriculum requirements and
materials for the instruction shall be adopted by the State Board
by rule in consultation with the Department of Health and Human
Resources. The State Board shall prescribe a standardized health
education assessment to be administered within health education
classes to measure student health knowledge and program
effectiveness.
An opportunity shall be afforded to the parent or guardian of
a child subject to instruction in the prevention, transmission and
spread of acquired immune deficiency syndrome and other sexually transmitted diseases to examine the course curriculum requirements
and materials to be used in the instruction. The parent or
guardian may exempt the child from participation in the instruction
by giving notice to that effect in writing to the school principal.
(c) Any person violating the provisions of this section shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not exceeding ten dollars for each violation, and each week
during which there is a violation shall constitute a separate
offense. If the person so convicted occupy a position in connection
with the public schools, that person shall automatically be removed
from that position and shall be ineligible for reappointment to
that or a similar position for the period of one year.