Bill Text: NY A08572 | 2019-2020 | General Assembly | Introduced

Bill Title: Allows for department of motor vehicles employees to employ an attorney-at-law to defend against certain civil actions and also limits the basis for removal of such employees.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced) 2020-01-08 - referred to transportation [A08572 Detail]

Download: New_York-2019-A08572-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                   September 13, 2019

        Introduced  by  M.  of  A.  PALUMBO,  STEC, CROUCH, BRABENEC, DeSTEFANO,
          BYRNES, MIKULIN -- read once and referred to the Committee  on  Trans-

        AN  ACT  to amend the vehicle and traffic law, in relation to allowing a
          department of motor vehicles employee to employ an attorney-at-law  to
          defend against certain civil actions

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

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 224-b to read as follows:
     3    §  224-b.  Actions and proceedings in official employment capacity. 1.
     4  Notwithstanding any inconsistent provision of law, a department of motor
     5  vehicles employee may employ an  attorney-at-law  to  defend  any  civil
     6  action  or  proceeding brought against him or her in his or her official
     7  capacity as an agent of the commissioner.
     8    2. All damages recovered  against,  or  costs  and  expenses  lawfully
     9  incurred  by  an employee of the department of motor vehicles, including
    10  attorney's fees, in the defense of a civil action or proceeding  brought
    11  against  such employee in his or her capacity as an agent of the commis-
    12  sioner for an official act done, or for failure to perform  an  official
    13  act,  shall  be a state charge and shall be audited and paid in the same
    14  manner as state charges. When the act upon which the action or  proceed-
    15  ing is based was done in good faith, but without the authority of law or
    16  authorization  by  the commissioner, the state comptroller may audit and
    17  pay the same as state charges, even if such  action  or  proceeding  was
    18  initiated against the employee by the commissioner.
    19    3.  No proceeding or investigation for the termination of a department
    20  of motor vehicles employee shall be undertaken or directed to be  under-
    21  taken  against  such  employee  on the basis of an action, or failure to
    22  act, of such employee, if done in  good  faith  and  with  a  reasonable
    23  belief  that  such  employee  is defending, protecting and upholding the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8572                             2

     1  constitution or laws of the United States or of this state, even  if  it
     2  is  subsequently  determined  that  such  action or inaction was without
     3  authority of law or without express authorization.
     4    § 2. This act shall take effect immediately.