Senator Charles J. Fuschillo, Jr. recently released the local response to the law he wrote creating the New York State Do Not Call Registry. In Farmingdale, 4,613 residents have placed their names on the registry, significantly reducing the number of telemarketer calls they receive in their homes. Statewide, nearly two million residents have signed on.

To have your name added to the Do Not Call Registry free of charge, visit www.senatorfuschillo.com. To report violations of the Do Not Call Law, obtain as much information as possible, such as the date and time of the call, the phone number of the caller, the name of the company, the product or service being offered, the name and address of the telemarketing firm and the manager's name. Violations can be reported by calling 1-800-697-1220 or by visiting www.consumer.state.ny.us.

With major automobile leasing companies ready to stop leasing cars in New York State, Senator Fuschillo announced that the senate passed legislation to reform antiquated state laws to prevent consumers from being socked with additional costs for leasing vehicles and to assure that consumers will be able to lease vehicles in New York in the future.

According to Fuschillo, the legislation is part of the senate's effort to stem the increase in lawsuits, many of them frivolous, that are driving up costs to government, businesses and consumers. This legislation would reform the vicarious liability law as it relates to long-term auto leasing in New York State. Under that law, leasing companies can be held liable for unlimited monetary damages caused by the negligent actions of drivers. New York is one of only three states with this law.

As of March 1, GMAC began charging a $1,000 fee to consumers who want to lease a General Motors car in New York, to cover additional costs resulting from vicarious liability lawsuits. GMAC will stop leasing in New York altogether on May 1. Ford, Honda and Chase Auto financing are also considering pulling out of New York. More than 225,000 vehicles are leased in New York State every year, accounting for more than 30 percent of new vehicles on the road.

"Ultimately, the consumer loses when there are fewer opportunities to lease a car," Fuschillo said. "This legislation would maintain auto leasing as a viable and affordable transportation option for New Yorkers."

Under New York State's near 80-year-old vicarious liability law, leasing companies are responsible for unlimited damages in accident-related lawsuits even though they are not at fault. Therefore, when a consumer leases a car, the leasing company can be sued for unlimited damages when the driver is found negligent.

The legislation would eliminate the liability for leasing companies, as many other states do, in recognition of the fact that the leasing company has no control of either the vehicle or the driver of the vehicle. In fact, the only connection the leasing company has to the vehicle is that the company's name appears on the vehicle title because the company, technically, is an owner.

Recently, Crain's New York Business reported that Chase Manhattan Automobile Finance Corporation lost a $28 million judgment in a Rhode Island lawsuit stemming from that state's vicarious liability law. In addition, the paper quoted a lawyer from Ford Motor Credit Co. as saying that almost $1.6 billion in vicarious liability-related damages have been demanded of eight finance companies, including Ford, and other independent leasing companies in some 215 cases filed between 2000 and 2002.

Senator Fuschillo announced that he is sponsoring legislation that would establish the offense of driving while ability impaired (DWAI) by the combined influence of drugs and alcohol.

According to Fuschillo, many drivers who drive under the influence of drugs combine alcohol or other drugs with their consumption. The effect of some combinations may result in a driver being impaired by the combined effects of the substances even though the isolated effects of either the drugs or the alcohol are not sufficient to cause impairment. Therefore, it may not be possible to convict the driver of DWAI by alcohol or by drugs. Similarly, the person driving under the combined influence of several drugs other than alcohol may argue successfully that the effects of the combination, and not the effects of any one drug, caused the impairment. This legislation would make it unlawful to drive under the combined influence of alcohol or drugs.

"This legislation marks an important step in preventing alcohol and drug related injuries and fatalities on our roadways and helping to save lives," Fuschillo said. "By establishing the crimes set forth in this legislation, we can help ensure that reckless drivers no longer pose a threat to the safety of our community."