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obstetrician-gynecologist by a national certifying, body (ii) licensed physician who practices obstetrics and has obstetric privileges at a general hospital (licensed under article twenty-eight of the public health law) or (iii) à hospital (licensed under article twenty-eight of the public health law) that provides [physician] obstetrics through licensed physician having obstetrical privileges at such institution. The written agreement shall provide for physician consultation, collaboration, referral and emergency medical obstetrical coverage, and shall include written guidelines and protocols. The written

agreement shall provide guidelines for the identification of pregnancies that are not considered normal and address the procedures to be followed. The written agreement shall also provide mechanism for dispute resolution and shall provide that the judgment of the appropriate physician shall prevail as to whether the pregnancy, childbirth or postpartum care is normal and whether the woman is essentially healthy in

the event the practice protocols do not provide otherwise.

§ 2. Paragraph (a) of subdivision 2 of section 6954 of the education law, as added by a chapter of the laws of 1992, amending the education law relating to the practice of the profession of midwifery, as proposed in legislative bill numbers S. 6321-B--A. 8784-B, is amended to read follows:

(a) [Eight] (1) Seven members of the board shall be persons [who are broadly representative of midwifery practice and education] licensed exempt under this section. (2) One member of the board shall be an educator of midwifery. § 3. Paragraph (c) of subdivision 2 of section 6955 of the education law, as added by a chapter of the laws of 1992, amending the education law relating to the practice of the profession of midwifery, as proposed in legislative bill numbers S. 6321-B-A. 8784-B, is amended to read follows:

(c) [a] complete a program determined by the department to be equivalent to the foregoing and in accordance with the commissioner's regulations.

§ 4. Subdivision 7 of section 6955 of the education law, as added by a chapter of the laws of 1992, amending the education law relating to the practice of the profession of midwifery, as proposed in legislative bill numbers S. 6321-B-A. 8784-B, is amended to read as follows:

1. Fee: pay a fee of one hundred ninety dollars to the department for admission to a department conducted examination for an initial license, a fee of one hundred dollars for each re-examination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination [and], a fee of one hundred eighty dollars for each triennial registration period and a fee Seventy dollars for a limited permit. § 5. Section 6597 of the education law, as added by a chapter of the laws of 1992, amending the education law relating to the practice of the profession of midwifery, proposed in legislative bill numbers $. 6321-B-A. 8784-B, is amended to read as follows:

6957. Exempt persons. Nothing in this article shall be construed to affect, prevent' or in any manner

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limit any duty [of] or responsibility of a licensed physician from practicing midwifery or affect or prevent a medical student or midwifery student in clinical practice under the supervision of a licensed physician or board certified obstetrician/gynecologist or licensed midwife practicing pursuant to the provisions of section twenty-five hundred sixty of the public health law in pursuance of an educational program registered by the department from engaging in such practice.

6. This act shall take effect on the same date as a chapter of the laws of 1992, amending the education law relating to the practice of the profession of midwifery,

proposed legislative bill numbers $. 6321-B-A. 8794-* shall take effect. * So in original.

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EXPLANATION-Matter in italics is new; matter in brackets [] is old law CHAPTER 329

AN ACT to authorize the city of Mount Vernon, county of Westchester to

lease certain park lands for purposes of a recreation center

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:

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Section 1. Leasing of a portion of Hutchinson Field. 1. Notwithstanding the provisions of section 47 of the charter of the city of Mount Vernon regarding the disposition of real estate and section 20 of the general city law or any other provision of law,

law, general, special or local, prohibiting the alienation of park lands, the city of Mount Vernon, county of Westchester, acting by the mayor with the approval of the city council and the board of estimate and contract, is hereby authorized and empowered to enter into a long term lease with Ralph Merigliano another qualified lessee, upon terms and conditions, for such consideration, and for such terms of duration as may be agreed upon by the city and such lessee whereby the lessee is granted the right, for the purpose or purposes referred to in subdivision two of this section, to use, occupy or carry on activities in the whole or any part of that certain tract of land described in section two of this act, being situated in the city of Mount Vernon and state of New York, title to which tract is now in the city, which tract is in the northerly portion of what is commonly known as Hutchinson Field and is presently mapped and designated for use for park purposes. All revenues received by the city of Mount Vernon from the lessee shall be used to improve existing city park and recreational facilities or for the acquisition of additional city park and recreational facilities. The city of Mount Vernon shall periodically review the performance of the lessee and the leased

premises shall revert completely and without any encumbrances to, and remain within, the jurisdiction of the city's department of recreation in the event that, after execution of such approved lease, there is a material breach or default with respect to the lessee's obligations thereunder, including material defaults as described therein, and any such default or breach is not cured in accordance with the terms of the lease.

2. Any lease referred to in subdivision one of this section may grant to the lessee the right to use, occupy or carry on activities in the whole or any part of the tract described in section two of this act as a public recreation facility and for any related purpose or purposes which are of such nature

to furnish to, or foster or promote among, or provide for the benefit of the people of the city, recreation, entertainment

or amusement. İt is hereby declared that all of the purposes referred to in this act are for the benefit of the people of the city and for the improvement of their recreation and prosperity and are hereby declared to be public purposes.

§ 2. The tract of land authorized by this act to be leased for purposes of a recreational center is situated in the city of Mount Vernon, which premises is more particularly described as follows: ALL that certain lot piece or parcel of land with the buildings, and improvements thereon erected and to be erected situate, lying and being in the city of Mount Vernon and state of New York, a portion of what is commonly known as Hutchinson Field, bounded and described as follows:

BEGINNING at a point the two following courses and distances from the intersection of the Easterly side of South Columbus Avenue, with the Southerly side of Sargent Place: Easterly 512. 925' running along the Southerly side of Sargent Place to a point and thence South 71° 36' 35" East 145.86' to the beginning, point.

Running thence South 57° 50° 23" East 300. 83' to a point approximately 20' West of the existing creek.

Running thence in a Northerly direction North 22° 19' 07" East 141.68' to a point, said aforementioned course being distant approximately 20 West of the edge of the existing creek.

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Running thence in a Westerly direction North 57° 47'00” West 276.61' to a point.

Thence South 320 09' 41" West 139.87' to the point of place of BEGINNING.

Containing in all 40,342. 310 square feet and or 0.9261 acres.

§ 3. The lease authorized by this act shall not become effective unless all federal requirements pertaining to the lease of the parklands have been complied with.

§ 4. This act shall take effect immediately.

CHAPTER 330

AN ACT to amend the highway law, in relation to bridges in

Washington county

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. Section 234 of the highway law is amended by adding a new subdivision 15 to read as follows:

15. In the county of Washington, the provisions of this section otherwise, applicable to bridges having a span of twenty-five feet shall apply to bridges having a span of twenty feet or more. $ 2. This act shall take effect' immediately.

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CHAPTER 331

AN ACT to amend the state administrative procedure act, in relation to the use of plain language in rules and regulations and related docu

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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 201 of the state administrative procedure act, as amended by chapter 17 of the laws of 1984, is amended to read follows:

$201. Adoption of procedures; plain language. This article establishes minimum procedures for all agencies, provided, however, an agency pay, adopt by rule additional procedures not inconsistent with statute. Each agency shall strive to ensure that, to the maximum extent practical, its rules, regulations and related documents are written in a clear and coherent manner, using words with common and everyday meanings.

$ 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [] is old law CHAPTER 332

AN ACT to incorporate the Verplanck Volunteer Firemen's Benevolent

Association, Inc. and providing for its powers and duties
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 Assem-
bly, do enact as follows:

Section 1., Incorporation; membership: A not-for-profit corporation by the name of Verplanck Volunteer Firemen's Benevolent Association, Inc. is hereby created. It shall be composed of such persons eligible to membership therein as hereinafter provided as shall. (a) notify the secretary of the Verplanck Fire Protective Association, a volunteer fire department, in writing prior to the organization meeting hereinafter provided for of the corporation created by this act of their desire to become members, or (b) shall attend such meeting or an adjournment thereof, and also such persons so eligible as may thereafter become members of such corporation pursuant to its by-laws.

၌ 2. Persons eligible to membership. Alí persons who are now, or have been, or hereafter shall be active volunteer members of the fire department of the Verplanck fire district in the Town of Cortlandt, County of Westchester, or of any fire company in such fire district and who have acquired or shall hereafter acquire the status of exempt volunteer firemen as defined in section 200 of the general municipal law by virtue of having rendered service in such fire department, or fire company, and all persons who are now or hereafter shall be active volunteer members of such fire department, shall be eligible for membership in the corporation created by this act, except that any fireman who has been removed for cause, expelled or dropped from the rolls of any fire company or fire department, and who has not been reinstated therein, , shall not be eligible for membership in such corporation. The membership of any person in such corporation shall terminate when his membership, as an active volunteer member of the fire department of the Verplanck fire district shall terminate before such person shall have acquired

the status of exempt volunteer fireman as defined in section 200 of the general municipal law by virtue of having rendered service in such fire department.

§ 3. Purposes. The purposes of such corporation shall be the maintenance of suitable headquarters for, and the promotion of fraternal intercourse among, the members of such corporation, the relief, aid and assistance of volunteer firemen and their families who are disabled indigent, and the promotion of the welfare of the volunteer fire service.

§ 4. Powers and duties. Such corporation shall have all the powers of a not-for-profit corporation, and the provisions of law relating to notfor-profit corporations shall apply to such corporation except where they conflict with the provisions of this act. However, unless the written approval of the state board of social welfare shall have first been obtained, this corporation shall not establish and maintain any home institution which, if separately

separately incorporated, would require the approval of such board.

§ 5. Organization meeting; by-laws. The secretary of the Verplanck Fire Protective Association shall call a meeting for the organization of such corporation to be held not later than three months after this act takes effect, notice of which shall be given by him by posting or causing to be posted a notice thereof in five conspicuous places within the territory protected by the Verplanck Fire Protective Association, and also by publication of notice thereof in one or more newspapers hava ing a general circulation within such territory, and such posting and publication shall be effected at least ten days prior to the date of such meeting. At such meeting, or any adjournment thereof the members of such corporation present shall adopt by-laws and elect officers and trustees to serve until the first annual meeting which shall be held on a date to be fixed by the by-laws. Any member failing to comply with the by-laws, rules or regulations duly adopted by such corporation shall be subject to suspension and expulsion in such manner as may be provided for in by-laws. Any member who ceases to be such, voluntarily or otherwise, shall forfeit all interest in the property of such corporation.

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§ 6. Control and disposal of funds and property. The control and disposal of the funds and property of the said corporation, the exercise of its powers, and the management and control of its affairs shall be vested in and exercised by a board of trustees which shall consist of seven members of such corporation, viz: the president, the vicepresident, the secretary, the treasurer and three other members, having the title of trustee. Such officers and trustees shall be elected at the annual meeting of such corporation in the manner prescribed by its bylaws.

§ 7. Precept for payment of foreign fire insurance premium taxes. Such corporation shall collect and there shall be paid to it all taxes imposed by section 9104 of the insurance law for fire department use and benefit, upon premiums for insurance against loss or damage by, fire covering property situated in the Verplanck Fire District, in the Town of Cortlandt, County of Westchester, or within any duly organized territory in which the fire district or may

be obligated to render fire protection. The officer of said corporation designated by its by-laws to collect and receive the aforesaid tax shall have all the powers and be subject to all the provisions of the insurance law, relating surers of fire departments. Such corporation shall also be entitled to receive a share of the tax imposed by section 9105 of the insurance law, based upon the bus iness written in the territory with respect to which it is entitled to collect and receive the tax under section 9104 of the insurance law. Such taxes shall only be used for the care and relief of disabled or indigent volunteer and exempt volunteer firemen and their families.

§ 8. This act shall take effect immediately, but the provisions of section seven shall apply to taxes due on premiums received after the first day of January in the year next succeeding the date on which this act shall have become a law.

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CHAPTER 333

AN ACT to amend the vehicle and traffic law, in relation to requiring motor vehicle rental agencies to post signs advising clients of child safety seat regulations and imposes a civil penalty for violations

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 1229-c of the vehicle and traffic law is amended by adding a new subdivision 12 to read as follows:

12. (a) Every rental vehicle company, as defined in paragraph (d) of subdivision one of section three hundred ninety-six-2 of the general bus iness law, shall post a sign in their place of business which states in conspicuous lettering of at least seventy-two point boldface type: NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF FOUR TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD SAFETY SEAT.

(b) Such sign shall be placed in an upright position and in a conspicucus place where it can easily be read by the clientele of the

rental (6). Any rental vehicle company which violates the provisions of this subdivision shall be subject to a civil penalty, not to exceed one hundred dollars for each day of violation. $ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

vehicle company.

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