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to, as the case may be, dismissal, acquittal, the offense to which the defendant pleaded guilty, the offense the defendant was convicted of after trial, and the sentence.

5. Make certain that such statistical information relating to the commission of offenses in violation of article twenty-seven, thirty-seven or forty, or title twenty-seven or thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, is included and becomes a part of any and all published statistical studies on the occurrence of crime in this state or crime dispositions by the courts of this state or incarcerations in the correctional facilities of this state.

§ 6. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall be applicable to policies is sued or renewed on or after the effective date of this act, provided that the amendments made to section 403 of the insurance law by sections one and two of this act shall not affect the expiration of such section and shall be deemed to expire therewith.

CHAPTER 481

AN ACT to amend the correction law, in relation to the defense and indemnification of health care professionals rendering services to infants in facility nurseries

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 24-a of the correction law, as amended by chapter 351 of the laws of 1991, is amended to read as follows:

§ 24-a. Actions against persons rendering health care services at the request of the department; defense and indemnification. The provisions of section seventeen of the public officers law shall apply to any person holding a license to practice a profession pursuant to article one hundred thirty-one,, one hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three, one hundred thirty-six, one hundred thirtyseven, one hundred thirty-nine, one hundred forty-one, one hundred forty-three, one hundred fifty-six or one hundred fifty-nine of the education law, who is rendering or has rendered professional services authorized under such license while acting at the request of the department or a facility of the department in providing health care and treatment or professional consultation to inmates of state correctional facilities, or to the infant children of inmates while such infants are cared for in facility nurseries pursuant to section six hundred eleven of this chapter, without regard to whether such health care and treatment or professional consultation is provided within or without a rectional facility.

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§ 2. This act shall take effect immediately.

CHAPTER 482

AN ACT to authorize the town of Cheektowaga, Erie county to alienate park lands in such town

Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of any general, special or local law to the contrary, the town of Cheektowaga, county of Erie, act

ing by and through its town board, is hereby authorized and empowered to discontinue the use as park lands and to utilize the lands described in section two of this act which had been acquired by such town for park purposes and which are no longer needed for such purposes, for the struction of an addition to a library building.

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§ 2. The lands referred to in section one of this act are more particularly described as follows:

All that tract or parcel of land situated in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 34, Township 11, Range 7 of the Holland Land Company's Survey, described as follows:

Beginning at a point on the westerly line of Harlem Road, as a 66.00 foot wide right-of-way, 265.45 feet northerly from the north line of Greenleaf Lane; running thence westerly and at 90 degrees to the westerly line of Harlem Road, a distance of 122. 15 feet to a point lying on the southeasterly wall of an original brick building, said point being 12.38 feet northeasterly from an intersecting wall, and said point also being the principal point of beginning; running thence northeasterly, forming an angle of 53 degrees 10 minutes and 45 seconds in relation to the aforesaid 90 degree line, a distance of 23.00+ feet to a point; thence northwesterly at 90 degrees to the previous line, a distance of 40.00 feet to a point; thence southwesterly at 90 degrees to the previous line, up to and along the surface of an original brick wall, a distance of 35. 38 feet to a point lying on said original brick wall; thence northwesterly, at 90 degrees to said original brick wall and the previous line, a distance of 16.00 feet to a point; thence southwesterly, at 90 degrees to the previous line, a distance of 27.24± feet to a point; thence southeasterly, at 90 degrees to the previous line, a distance of 16.00 feet to a point on an original brick wall; thence northeasterly and along said original brick wall, a distance of 39.62± feet to a point; thence following in a southeasterly course along an original brick wall, including its radii and northwesterly surface, to the principal point or place of beginning.

§ 3. The land alienated in section two of this act shall be retained by the town of Cheektowaga and shall be used for library purposes. Provided, however, that the following property shall be dedicated by the town of Cheektowaga for public park purposes at the time the land described in section two of this act ceases to be used for park

purposes.

All that tract or parcel of land situated in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 2, Township 11, Range 7 of the Holland Land Company's Survey and further described as follows:

a point on the southerly line of Bellevue Avenue, as an

80 foot wide highway, a distance of 253.46 feet easterly from the

Beginning at westerly line of Indian Road extended southerly and measured along the southerly line of Bellevue Avenue;

Thence southerly and parallel to Indian Road a distance of 180.25 feet to the northwest line of lands conveyed to the Town of Cheektowaga by deed recorded in the Erie County Clerk's Office in Liber 9934 of Deeds at Page 368;

Thence northeasterly along the northwest line of said lands conveyed to Town of Cheektowaga a distance of 10.61 feet;

Thence northerly and parallel to Indian Road extended a distance of 172.00 feet to the southerly line of Bellevue Avenue;

Thence westerly along the southerly line of Bellevue Avenue a distance of 7.54 feet to the point or place of beginning.

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$4. The conveyance of parklands authorized by this act shall not occur until any federal requirements pertaining to alienation sion, including any required replacement of the lands being alienated, have been complied with.

§ 5. This act shall take effect immediately.

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

CHAPTER 483

AN ACT to amend the estates, powers and trusts law, in relation to the powers of fiduciaries to invest in certain mutual funds

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraph 1 of paragraph (b) of section 11-2.2 of the estates, powers and trusts law, as redesignated by chapter 257 of the laws of 1968, is amended to read as follows:

(1) A fiduciary holding funds for investment may invest the same in securities of any management type investment company or trust registered pursuant to the federal investment company act of nineteen hundred forty, as amended, in any case in which a court order, the will, agreement or other instrument creating or defining the investment powers of the fiduciary authorizes the investment of such funds in either of the following: (A) Such investments as the fiduciary may, in his discretion, select. (B) Generally in investments other than those in which fiduciaries are by law authorized to invest trust funds, notwithstanding that the fiduciary or an affiliate of the fiduciary acts as investment

advisor, custodian, transfer agent, registrar, sponsor, distributor,

manager or provides other services to the investment company. or trust. Unless the will, lifetime trust or order appointing the fiduciary provides otherwise, the fiduciary shall elect annually either (i) to receive or have its affiliate receive compensation for providing such services to such investment company or trust for the portion of the trust invested in such investment company or trust or (ii) to take annual corporate trustees' commissions with respect to such portion.

§ 2. This act shall take effect immediately.

CHAPTER 484

AN ACT to amend chapter 320 of the laws of 1991, amending the insurance law relating to increasing the maximum payment for lost earnings and expanding the definition of "basic economic loss" under the no-fault automobile insurance law, in relation to the effective date thereof and certain adjustments of no-fault automobile insurance rates

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 3 of chapter 320 of the laws of 1991, amending the insurance law relating to increasing the maximum payment for lost ings and expanding the definition of "basic economic loss" under the nofault automobile insurance law, is amended to read as follows:

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§ 3. This act shall take effect 120 days after it shall have become a law, and shall apply to accidents arising out of the use and operation of motor vehicles on and after such date; and any policy of insurance, issued to satisfy the financial security requirements of article six eight of the vehicle and traffic law, which is in force on and after such date, and which does not contain provisions complying with the requirements of section five thousand one hundred two of the insurance law, shall be construed as if such provisions were embodied therein.

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§ 2. Whereas section 1 of chapter 320 of the laws of 1991 increased the maximum monthly benefit for loss of earnings from work, the superintendent of insurance shall approve, in the event of a filing by an insurer and in accordance with article 23 of the insurance law, an

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priate rate adjustment for basic economic loss coverage (including optional additional basic economic loss coverage) for policies to be is

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sued or renewed, reflecting unanticipated loss experience due to such increase in regard to policies issued or renewed prior to the effective date of this act.

3. Whereas section 1 of chapter 320 of the laws of 1991 increased the maximum monthly benefit for loss of earnings from work, when an insurer makes payments representing the increased benefit for loss of earnings relating to policies issued or renewed prior to November 12, 1991, within one hundred twenty days of the date that this act shall have become a law, such payments shall be deemed to have been made on a timely basis pursuant to article 51 of the insurance law and regulations promulgated thereunder.

§ 4. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after November 12, 1991.

CHAPTER 485

AN ACT to amend the public health law, in relation to establishing a lead poisoning prevention program

Became a law July 17, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings and purposes. The legislature hereby finds and declares that lead is the number one environmental poison for children and lead poisoning is still one of the most prevalent and preventable childhood health problems in New York state today. Despite advances in reducing or eliminating lead from paint and gasoline, little progress has been made in limiting childhood exposure to leaded paint from the interior and exterior of older housing. The major sources of lead exposure in the environment are lead-based paint, soil, dust and drinking water.

Environmental exposure to even low levels of lead increases a child's risk of developing permanent learning disabilities, reduced concentration and attentiveness, and behavior problems. These problems may persist and adversely affect the child's chances for success in school and life. Higher levels of lead can cause mental retardation, kidney disease, liver damage and even death.

The legislature therefore finds and declares that a comprehensive approach to the problem of lead poisoning is essential and that the department of health shall have the primary responsibility for development, implementation and coordination of a program to prevent lead poisoning and to minimize the risk of exposure to lead in the environment. Furthermore, a New York state advisory council on lead poisoning prevention shall be established, to assist in the development of a comprehensive statewide plan to virtually eliminate lead poisoning, to recommend the adoption of lead policy, and to coordinate activities of its member agencies with respect to lead poisoning prevention.

2. This act shall be known and may be cited as the "lead poisoning prevention act".

$ 3. Section 1370 of the public health law, as amended by chapter 529 of the laws of 1976, is amended to read as follows:

$1370. Definitions. [AS] When used in this title, the following words and phrases shall have the following meanings, unless the context clearly requires otherwise:

1. "Dwelling" means a building or structure or portion thereof, including the property occupied by and appurtenant to such dwelling, which is occupied in whole or in part as the home, residence or sleeping place of one [of] or more human beings and shall, without limiting the foregoing, include child care facilities for children under six years of age, kindergartens and nursery schools.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

2. "Area of high risk" means an area designated as such by the commissioner or his representative and consisting of one or more dwellings in which a [paint] condition conducive to lead poisoning of children is present.

3. "A [paint] condition conducive to lead poisoning" means: (i) paint or other similar surface-coating material containing lead in a condition accessible for ingestion or inhalation or where peeling or chipping of the paint or other similar surface-coating material occurs or is likely to occur; and (ii) other environmental conditions which may result in significant lead exposure.

4. "Program" means the lead poisoning prevention program in the department established pursuant to section thirteen hundred seventy-a of this title.

5. "Council" means the advisory council on lead poisoning prevention established pursuant to section thirteen hundred seventy-b of this

title.

6. "Elevated lead levels" means a blood lead level greater than or equal to ten micrograms of lead per deciliter of whole blood or such blood lead level as may be established by the department pursuant to rule or regulation.

7. "Person" means any natural person.

§ 4. The public health health law is amended by adding five new sections 1370-a, 1370-b, 1370-c, 1370-d and 1370-e to read as follows:

§ 1370-a. Lead poisoning prevention program. 1. The department shall establish a lead poisoning prevention program. This program shall be responsible for establishing and coordinating activities to prevent lead poisoning and to minimize risk of exposure to lead. The department shall exercise any and all authority which may be deemed necessary and appropriate to effectuate the provisions of this title.

2. The department shall:

(a) promulgate and enforce regulations for screening children and pregnant women for lead poisoning, and for follow up of children and pregnant women who have elevated blood lead levels;

(b) enter into interagency agreements to coordinate lead poisoning prevention, exposure reduction, identification and treatment activities and lead reduction activities with other federal, state and local agencies and programs;

(c) establish a statewide registry of children with elevated lead levels provided such information is monitored as confidential except for (i) disclosure for medical treatment purposes; and (ii) disclosure of non-identifying epidemiological data; and

(d) develop and implement public education and community outreach programs on lead exposure, detection and risk reduction.

§ 1370-b. Advisory council on lead poisoning prevention. 1. The New York state advisory council on lead poisoning prevention is hereby established in the department, to consist of the following, or their designees: the commissioner; the commissioner of labor; the commissioner of environmental conservation; the commissioner of housing and community renewal; the commissioner of social services; and fifteen public members appointed by the governor. The public members shall have a demonstrated expertise or interest in lead poisoning prevention and at least one public member shall be representative of each of the following: local government; community groups; labor unions; real estate; industry; parents; educators; local housing authorities; child health advocates; environmental groups; professional medical organizations and hospitals. The public members of the council shall have fixed terms of three years; except that five of the initial appointments shall be for two years and five shall be for one year. The council shall be chaired by the commissioner or his or her designee.

2. Members of the advisory council shall serve without compensation for their services, except that each of them may be allowed necessary and actual expenses which he or she shall incur in the performance of his or her duties under this article.

3. The council shall meet as often as may be deemed necessary to fulfill its responsibilities. The council shall have the following powers and duties:

(a) To develop a comprehensive statewide plan to prevent lead poisoning and to minimize the risk of human exposure to lead;

(b) To coordinate the activities of its member agencies with respect to environmental lead policy and the statewide plan;

(c) To recommend the adoption of policies with regard to the detection and elimination of lead hazards in the environment;

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