SB 538-3_ Filed 04/06/2005, 07:53 Brown C
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 538 be amended to read as follows:
SOURCE: Page 5, line 29; (05)MO053801.5. -->
Page 5, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 16-41-42; (05)MO053801.8. -->
"SECTION 8. IC 16-41-42 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 42. Childhood Obesity.
Sec. 1. (a) Each school corporation shall report to the state
department the age, height, weight, ethnicity, and sex of the school
corporation's students for the previous school year.
(b) Data may not be reported under this section in a way that
allows students to be personally identifiable.
(c) A school corporation shall report data required under
subsection (a) according to rules adopted under this chapter. The
rules must include the following:
(1) Information regarding the importance of accurate
measurements and the collection of measurements for
improving children's health.
(2) Procedures for the measurement of children in a respectful
and dignified manner.
(d) The state department, in consultation with the department
of education, shall issue and make available to the public an annual
report summarizing data collected under this section.
Sec. 2. (a) This section does not apply to a food or beverage item
(1) part of a school lunch program or a school breakfast
(2) sold in an area that is not accessible to a student;
(3) sold after normal school hours; or
(4) sold or distributed as part of a fundraiser conducted by
students, teachers, school groups, or parent groups, if the food
or beverage is not intended for student consumption during
the school day.
(b) At least fifty percent (50%) of the foods and beverages
available for sale at school or on the school grounds must qualify
as a healthy food or a healthy beverage under rules adopted by the
(c) A vending machine at an elementary school that dispenses
food or beverages may not be accessible to a student.
Sec. 3. The state department shall adopt rules under IC 4-22-2
to implement this chapter.".
SOURCE: Page 5, line 35; (05)MO053801.5. -->
Page 5, after line 35, begin a new paragraph and insert:
SOURCE: ; (05)MO053801.10. -->
"SECTION 10. [EFFECTIVE JULY 1, 2005] (a) As used in this
SECTION, "advisory committee" refers to a school health advisory
committee established under subsection (b).
(b) Before July 1, 2006, each school board shall establish a
school health advisory committee. The advisory committee shall
develop a local coordinated wellness policy that complies with the
requirements under federal Public Law 108-265 and
IC 5-22-15-24(c). The advisory committee must hold at least one (1)
hearing that allows public testimony.
(c) The school board shall appoint the members of the advisory
committee. The advisory committee must include parents, food
service directors and staff, students, nutritionists or certified
dietitians, health care professionals, school board members, a
school administrator, and representatives of interested community
organizations. However, a person who represents a food
manufacturer or marketer or a person with a conflict of interest or
a financial interest in selling food in schools may not serve on the
(d) Before July 1, 2007, the school board shall:
(1) adopt a school district policy on child nutrition and
physical activity that takes into consideration the advisory
committee's recommendations and complies with rules
adopted by the state department of health; and
(2) submit the school district's policy on child nutrition and
physical activity to the state department of health not more
than ten (10) days after adopting the policy
(e) The state department of health shall, with assistance from the
department of education, provide technical assistance to advisory
committees, including providing information on health, nutrition,
and physical activity, through educational materials and
professional development opportunities. The state department of
health shall provide the information given to an advisory
committee under this subsection to a school, parent, or guardian
(f) This SECTION expires July 1, 2008.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 538 as printed March 30, 2005.)
MO053801/DI 77 2005