HB 128 - SCHOOLS PHYSICAL ACTIVITY TASK FORCE CHAIR WILSON announced that the first order of business would be HOUSE BILL NO. 128, "An Act establishing the Alaska Schools Physical Activity Task Force." [Before the committee was CSHB 128(EDU).] 3:51:27 PM REPRESENTATIVE McGUIRE, speaking as the sponsor of HB 128, offered her understanding that childhood obesity has become an epidemic in the United States. She emphasized the importance of physical education and routine exercise as a means to tackle obesity. She said that there has been a tremendous cultural and sociological shift in American culture, and thus more and more children are participating in sedentary activities and consuming more food than in the past. REPRESENTATIVE McGUIRE explained that Dr. Peter Mjos in Anchorage brought the [idea of this legislation] to her. Schools are dealing with several issues now, as a result of the No Child Left Behind (NCLB) Act of 2001, and so she decided to not simply create another unfunded mandate, she relayed; instead, the creation of a task force will enable many people to come together and use their energy to create solutions that will enable more physical activity for children within schools. She pointed out that this will be a complex issue, since the needs in urban school districts vary from those in rural areas. REPRESENTATIVE McGUIRE added that there is no fiscal impact, since the task force is composed of volunteers. She said that she would appreciate support from members regarding what she characterized as a very important issue. REPRESENTATIVE CISSNA commented on the link between physical activity and positive mental health. 3:57:26 PM PETER MJOS, M.D., Take Heart Alaska, Epidemiology Section, Division of Public Health, Department of Health and Social Services (DHSS), relayed that obesity is a devastating problem but is both reversible and preventable. He said: The key, of course, is calories in and calories out, and it is the "calories out" of which this bill is concerned. The purpose of HB 128, the creation of a multi-disciplinary legislative task force, is to formally introduce to the Alaska legislature the background science and history of a concept developed years ago and supported by nearly every local, state, and federal public health expert, including several U.S. surgeons - ... and [members of Congress], including Senator [Ted] Stevens and [Lisa] Murkowski - ... a concept that is: daily, vigorous, quality, physical activity in every grade, K-12, and perhaps even younger. "Life is movement," said Aristotle, and it was until now. We are now in the third and fourth generations of completely sedentary families. Those who have lost the will and the ability to exercise, and without the parental role model, children simply do not exercise. Obesity daily captures front-page headlines; drugs, surgery, and miracle diets are not and cannot be substitutes for physical activity. ... Simply put, physically active, physically fit students eat better, sleep better, behave better, feel better, think better, and perform better academically, and they should for life, as lifetime athletes. Daily, physical activity recognizes the whole student - healthy students, athletes, and citizens and, hopefully, for an entire lifetime. The alternative, of course, is decreased longevity, [a] worsening "syndemic" (ph) cascade of morbid diseases, and costs both unimaginable and potentially bankrupting [of] both state and national treasuries. We must follow the lead of the CDC [Centers for Disease Control and Prevention] and other states and recognize the whole student. Obesity is both preventable and reversible [and], to that end, daily, vigorous, quality, physical activity must be an imperative, integral, and indispensable part of every student's daily school experience. CHAIR WILSON commented that she hopes that when the task force meets they will think about supportive ways to enable schools to accomplish some of the mentioned goals. DR. MJOS stated that without the support of a community, there is little expectation for adults and children to be healthy and fit. He relayed that 70 percent of adults are overweight or obese and have completely fallen out of any exercise routine, and when parents do not exercise, children do not exercise; thus it falls to the school system to institute fitness as an integral part of a healthy lifestyle. The cost to society in terms of disease and dollars would fall dramatically, but additionally there would be a healthy population. He went on to say, "I can tell you, in the halls of my office, in the halls of the hospital, much of what we are seeing now is obesity-related disease, and we simply will not be able to cover the cost of this within another generation or so, it is that serious." 4:03:00 PM LARRY WIGET, Director, Government Relations, Anchorage School District (ASD), stated that the ASD supports the passage of HB 128. He said that the ASD believes wellness is important and, that the school board is in the process of putting together its own work session on the issue [of obesity and the lack of physical activity]. He relayed that although the issue will be complex to address, the ASD's administration both applauds and supports HB 128. 4:04:29 PM PATRICIA G. OWEN, Health Program Manager II, Division of Public Health, Department of Health and Social Services (DHSS), indicated that she was present in support of HB 128. She explained that the Division of Public Health has several chronic disease prevention programs, including an obesity prevention and control program. She suggested an amendment to HB 128, wherein the [task force] membership would be expanded to include one member from the Department of Health and Social Services. 4:06:03 PM REPRESENTATIVE McGUIRE made a motion to adopt Conceptual Amendment 1, to add one more voting member to the task force, that member being a representative from the Department of Health and Social Services. There being no objection, Conceptual Amendment 1 was adopted. 4:06:49 PM BOB URATA, M.D., President-elect, Pacific Mountain Affiliate, American Heart Association, said: The American Heart Association's mission is to reduce death and disability from heart disease and stroke by 25 percent by 2010 ... I am here to speak in support of HB 128. Obesity is increasing at an alarming rate among our youth and adults in Alaska. Lack of physical activity is a major contributing factor to what is fast becoming an epidemic. According to the 2003 Alaska Youth Risk Behavior Survey [YRBS], 72 percent of high school students did not participate in sufficient, moderate, physical activity in the [week prior] to this survey. Child magazine ranked Alaska children as the nation's least fit children, based on a five-month investigation of state-mandated school fitness and nutritional policies ...; this is to be published in the April 2005 issue of Child magazine. Among those involved in the study were [the] CDC, [the] American Diabetes Association, [the] American Academy of Pediatrics, [the] American Heart Association, [the] National Association of State Boards of Education, and the National Association of Sports and Physical Education. On March 17, 2005, the New England Journal of Medicine published a report titled, "A Potential Decline of Life Expectancy in the U.S. in the 21st Century"; ... this report notes that two-thirds of the adults in the United States are obese or overweight and that children have the highest rate of increases in obesity. Obesity has a substantial negative effect on longevity, reducing it, by their estimates, ... 5 to 20 years because it increases the risk for heart disease, hypertension, and diabetes. Therefore, it is possible, according to this report, that our young people's life expectancy will be shorter than ours because of obesity. This is a sobering thought. [The] cost of obesity is about [$70 billion] to $100 billion per year; it is estimated that Alaska spends $195 million annually [on] direct costs related to obesity. ... Because obesity is a widespread problem, with major, potential negative significance, ... public health intervention is needed. The formation of this task force is a step in the right direction. It is important that these recommendations, however, meet standards adopted by the CDC, and/or the National Association for Sports and Physical Education. DR. URATA further noted that it is important to make sure that the food offered in vending machines at schools is nutritious. 4:10:16 PM CHAIR WILSON indicated that the task force might address the issue of the quality of food offered in vending machines. DR. URATA said his understanding is that the vending machines provide money to fund activities for schools and thus the [unhealthy] food offered could simply be replaced with more nutritious alternatives. 4:11:42 PM REPRESENTATIVE SEATON made a motion to adopt Conceptual Amendment 2: Page 4, line 7: Insert a new subsection (f) to read: "No member shall be allowed access to the public employee retirement system by virtue of compensation or service on this task force" Renumber accordingly. CHAIR WILSON highlighted that the task force will be totally voluntary. REPRESENTATIVE ANDERSON objected, saying he didn't believe Conceptual Amendment 2 was necessary. REPRESENTATIVE SEATON pointed out that subsection (e) on page 4, line 5, exempts members listed in subsection (a)(1)-(5) from compensation, but not the remaining members. He reminded the committee of the upcoming large unfunded liability due to city council members, school board members, et cetera, who receive minimal compensation, but who are [eligible] for the Public Employees' Retirement System (PERS). Therefore, if an individual serves in the state elsewhere, it adds years to that individual's compensation and requires that his/her PERS be funded proportionally for that service. He charged that the aforementioned should be reviewed for all boards and commissions. REPRESENTATIVE ANDERSON maintained his objection to Conceptual Amendment 2. 4:14:11 PM REPRESENTATIVE GARDNER asked whether it would be more efficient to introduce legislation that would address the issue for all boards and commissions rather than on a case-by-case basis. REPRESENTATIVE SEATON explained that in establishing this commission, the policy will be that minimally-funded, voluntary positions do not have access to the state health care and retirement system. Although the suggested legislation described by Representative Gardner may be necessary, he opined, a new commission shouldn't be created without addressing the issue in the meantime. 4:15:21 PM REPRESENTATIVE McGUIRE agreed that this is probably a good place to start such a policy. She mentioned that although she isn't aware of anyone serving on a task force who qualified for the state's health care and retirement benefits, she believes it wouldn't hurt to be clear. She remarked, however, that the amendment should be clear that an individual would not receive state benefits simply for serving on the task force but would receive those benefits if he/she held a position as a state employee or teacher who happens to be serving on the task force. CHAIR WILSON asked if Conceptual Amendment 2 should include reference to the Teachers' Retirement System (TRS) as well. REPRESENTATIVE SEATON said that he would accept that as a friendly amendment to Conceptual Amendment 2. [Conceptual Amendment 2 was treated as amended.] REPRESENTATIVE ANDERSON withdrew his objection. CHAIR WILSON, noting that were no further objections, announced that Conceptual Amendment 2 [as amended] was adopted. 4:17:36 PM REPRESENTATIVE ANDERSON moved to report [CSHB 128(EDU)], as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE KOHRING objected. He stated that although this legislation may yield some good information, he questioned whether a task force is necessary and whether the local school board could instead perform the goal of the task force. REPRESENTATIVE McGUIRE said the task force is important because a specified deadline under a specified structure raises the level of attention that would be given to the issue. Furthermore, this is a statewide issue, which is appropriate for a legislative task force, as opposed to a local task force, because different branches of government would be brought together. She said that she didn't intend to make another layer of government, and highlighted that the task force has a definite beginning and end. REPRESENTATIVE KOHRING withdrew his objection. CHAIR WILSON, noting that there were no further objections to the motion, announced that CSHB 128(HES) was reported from of the House Health, Education and Social Services Standing Committee.