SCBA LEGISLATIVE REVIEW COMMITTEE

UPDATE

February - 2003

J. David Eldridge, Esq. & Matthew E. Pachman, Esq, Co-Chairs

Among the several functions of the Bar's Legislative Review Committee, is the task of keeping our members informed of pending, proposed, and adopted legislation likely to have an impact upon us all as citizens and attorneys in Suffolk County. Because there is already a wealth of information available to our members on-line, and it would be virtually impossible to present each and every bill of import, we have attempted to cull through the mountains of material to provide only those items of particular significance, or those which are not otherwise published or readily available. To this end, we have included a brief background and summary of the following pertinent bills:

• An Act to amend §388 of the Vehicle and Traffic Law (VTL)

(S397; A1042) Sponsor: Johnson

status: referred to Transportation

This insurance-friendly bill drastically alters the standard of vicarious liability in the field of rented and leased vehicles in New York, by deeming the lessor of a vehicle (rented for less than one year) to be the legal owner of said vehicle in civil actions brought to recover damages for personal injury and property damage; the legal title holder (the lessee) is no longer considered the vehicle's owner under the amended statute.

In addition, regardless of any existing insurance maintained by the lessee, the bill establishes civil liability on the part of the lessor (driver), with a cap of $100,000 per person and $300,000 per incident for personal injury, and up to $50,000 for property damage. Moreover, the lessor and/or driver will be personally liable for up to $500,000 if the driver, lessee, or rental company is uninsured or has less than $500,000 in combined coverage.

* * *

(2) S00320

Sponsor: Defrancisco

Status: referred to Judiciary

An Act to repeal that restriction of the Judiciary Law prohibiting contingent fees and requiring a sliding scale fee for attorneys in claims or actions for medical, dental or podiatric malpractice.

* * *

• Article VII Legislation of Governor's Public Protection portion of the Executive Budget

Includes a civil justice provision which, inter alia:

Seeks to increase the hourly rate for court-appointed counsel pursuant to Article 18-B of the County Law, to $75 per hour for felony and family court work, and $60 per hour for other work, by amending County Law §§722-b, 722-c and §35 of the Judiciary Law. It also seeks to establish the Indigent Legal Services Fund by adding §98-b to the State Finance Law.

Where the money will come from to finance these increased fees is quite interesting:

• increase the biennial attorney registration fee from $300 to $350;
• increase numerous existing civil court fees by 25%;
• impose new civil court fees (e.g., charging $35 for all motions in Supreme and Appellate Courts);
• increase mandatory surcharge fees collected by DMV, town, and village courts;
• amend the VTL to increase mandatory parking surcharges from $5 to $15;
• impose a new $25 surcharge on all DWI and DWAI convictions;
• establish a new Driver's License Reinstatement (Scofflaw) Surcharge of $35; and
• increase data processing fee for criminal history searches collected by OCA from $16 to $43.

* * *

• S00662

Sponsor: Volker

Status: referred to Codes

An Act to amend §3113 of the CPLR by adding a new subdivision (d), which provides for the conducting of depositions by telephone or other remote electronic means.

Allows parties to stipulate to, or the court to order upon application, the taking of depositions by telephone or other remote electronic means; provides that no such court order shall deprive a party of the right to take a deposition at a place specified by the CPLR nor shall it entitle a witness, over objection of any party, to appear for a deposition at a place other than as specified in CPLR; provides that unless otherwise stipulated, additional costs of conducting deposition by telephonic or other remote electronic means shall be borne by the party requesting that the deposition be taken by such means.

* * *

• A00076

Sponsor: John

Status: referred to Judiciary

An act to amend the real property law, in relation to providing for the licensing of real estate home inspectors.

The Home Inspection Professional Licensing Act amends the real property law to require licenses for home inspectors, set out requirements and qualifications for a home inspector`s license and create an advisory committee within the state real estate board to oversee home owner and professional standards for home inspectors.

* * *

• A00787

Sponsor: Lentol

Status: referred to Labor

The purpose of this bill is to bring parity and equity among primary health care practitioners.

AN ACT to amend the workers` compensation law, in relation to enabling chiropractors to provide second opinions and provide certain services without employer authorization; to amend the real property tax law, in relation to enabling chiropractors to certify disability; to amend the vehicle and traffic law, in relation to enabling chiropractors to certify disability for the purpose of issuance of handicapped license plates and registration; to amend the civil practice law and rules, in relation to the statute of limitations for chiropractic malpractice actions; and to amend the education law, in relation to enabling chiropractors to be employed by school districts to assist medical inspectors and giving chiropractors good samaritan immunity

* * *

As an aside, the Legislative Review Committee is in the final stages of preparing for this year's trip to Albany. The purpose of the annual trip is to visit with our state representatives to present and discuss various issues of concern to the members of our Bar (e.g., tort reform, 18-b, OCA financing, etc.), as well as other pertinent concerns shared by the citizens of Suffolk County. In addition, we are seeking to establish a working relationship with each of our local representatives here on the Island, to further the goals and initiatives of our Bar. There is still time to share any issues or concerns you (or your committee) may have with Legislative Review so that they may be included in this year's itinerary.

Call J. David Eldridge with any questions you may have at (631) 543-2200.

Lastly, we would like to extend a special thanks to Ronald Kennedy, Assistant Director to the New York State Bar Association's Department of Governmental Relations, for his continuing efforts to help keep lawyers informed of recent changes in the laws of New York..

Matthew E. Pachman and J. David Eldridge are partners in the firm of Pachman, Pachman & Eldridge, of Commack, NY. Together they co-chair the Bar's Legislative Review Committee.