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HOUSE DOCKET, NO. 527         FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2634

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to reduce childhood obesity.

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

Ellen Story

3rd Hampshire

Jason Lewis

 

Marcos A. Devers

16th Essex

Denise Andrews

2nd Franklin

Thomas P. Conroy

13th Middlesex

James B. Eldridge

Middlesex and Worcester

Jonathan Hecht

29th Middlesex

Patricia D. Jehlen

Second Middlesex

John J. Lawn, Jr.

10th Middlesex

Elizabeth A. Malia

11th Suffolk

David M. Rogers

24th Middlesex

Frank I. Smizik

15th Norfolk


HOUSE DOCKET, NO. 527        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2634

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 2634) of Kay Khan and others for legislation to create a program to reduce childhood obesity by assessing a tax on candies, confectionaries and soft drinks.  Revenue. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to reduce childhood obesity.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1.  Section 6 of Chapter 64H of the Massachusetts General Laws, as appearing in the 2008 official Edition, is hereby amended in paragraph (h) by deleting the following: “soft drinks” and further amended inserting after the second sentence the following new sentence; "Food products'' does not include candy, confectionary, or soft drinks.”

              SECTION 2.  Section 2G(a) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

              “The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) any fines and penalties allocated to the fund under the General Laws; (3) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (4) any interest earned on such revenues; and (5) any funds provided from other sources.”

              and further amended by inserting in its place the following:

              “The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) all monies received by the commonwealth as excises upon the sale of candy, confectionary, or soft drinks as defined by the provisions of chapter 64H; (3) any fines and penalties allocated to the fund under the General Laws; (4) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (5) any interest earned on such revenues; and (6) any funds provided from other sources.

              SECTION 3.  Section 2G(c) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

              “or (5) develop a stronger evidence-base of effective prevention programming.”

              and replacing it with the following:

              “(5) reimburse school districts for the costs associated with establishing physical activity within the classroom curriculum; or (6) develop a stronger evidence-base of effective prevention programming.”

              SECTION 4.  Section 2G(d) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

              “or (4) a regional planning agency.”

              and replacing it with the following:

              “(4) school districts or (5) a regional planning agency.”

              SECTION 5.  Section 57 of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the words “adult years,” in line 16, the following words:-

              “and to ascertain the child’s body mass index,”

              SECTION 6.  Section 57 of said chapter 71 of the General Laws, as so appearing, is hereby further amended by inserting after the third sentence the following sentence:-

              “Tests ascertaining body mass index and corresponding percentile of each student shall be administered by trained school personnel or others approved by the Department for this purpose, and in accordance with guidelines of the Department in grades one, four, seven, and ten, or, in the case of ungraded classrooms, by a student’s seventh, tenth, thirteenth and sixteenth birthday.”

              SECTION 7. Section 3 of Chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

              “In the event that physical education classes are not taught daily, all students shall have at least 30 minutes of physical activity daily.  Physical activity is any bodily movement produced by large muscle groups that result in an expenditure of energy, and may be performed in the classroom or during recess.”

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