S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8572
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PALUMBO,  STEC, CROUCH, BRABENEC, DeSTEFANO,
   BYRNES, MIKULIN -- read once and referred to the Committee  on  Trans-
   portation
 
 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:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 224-b to read as follows:
   §  224-B.  ACTIONS AND PROCEEDINGS IN OFFICIAL EMPLOYMENT CAPACITY. 1.
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, A DEPARTMENT OF MOTOR
 VEHICLES EMPLOYEE MAY EMPLOY AN  ATTORNEY-AT-LAW  TO  DEFEND  ANY  CIVIL
 ACTION  OR  PROCEEDING BROUGHT AGAINST HIM OR HER IN HIS OR HER OFFICIAL
 CAPACITY AS AN AGENT OF THE COMMISSIONER.
   2. ALL DAMAGES RECOVERED  AGAINST,  OR  COSTS  AND  EXPENSES  LAWFULLY
 INCURRED  BY  AN EMPLOYEE OF THE DEPARTMENT OF MOTOR VEHICLES, INCLUDING
 ATTORNEY'S FEES, IN THE DEFENSE OF A CIVIL ACTION OR PROCEEDING  BROUGHT
 AGAINST  SUCH EMPLOYEE IN HIS OR HER CAPACITY AS AN AGENT OF THE COMMIS-
 SIONER FOR AN OFFICIAL ACT DONE, OR FOR FAILURE TO PERFORM  AN  OFFICIAL
 ACT,  SHALL  BE A STATE CHARGE AND SHALL BE AUDITED AND PAID IN THE SAME
 MANNER AS STATE CHARGES. WHEN THE ACT UPON WHICH THE ACTION OR  PROCEED-
 ING IS BASED WAS DONE IN GOOD FAITH, BUT WITHOUT THE AUTHORITY OF LAW OR
 AUTHORIZATION  BY  THE COMMISSIONER, THE STATE COMPTROLLER MAY AUDIT AND
 PAY THE SAME AS STATE CHARGES, EVEN IF SUCH  ACTION  OR  PROCEEDING  WAS
 INITIATED AGAINST THE EMPLOYEE BY THE COMMISSIONER.
   3.  NO PROCEEDING OR INVESTIGATION FOR THE TERMINATION OF A DEPARTMENT
 OF MOTOR VEHICLES EMPLOYEE SHALL BE UNDERTAKEN OR DIRECTED TO BE  UNDER-
 TAKEN  AGAINST  SUCH  EMPLOYEE  ON THE BASIS OF AN ACTION, OR FAILURE TO
 ACT, OF SUCH EMPLOYEE, IF DONE IN  GOOD  FAITH  AND  WITH  A  REASONABLE
 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.
              

                                                            LBD13578-01-9

 A. 8572                             2
 
 CONSTITUTION OR LAWS OF THE UNITED STATES OR OF THIS STATE, EVEN  IF  IT
 IS  SUBSEQUENTLY  DETERMINED  THAT  SUCH  ACTION OR INACTION WAS WITHOUT
 AUTHORITY OF LAW OR WITHOUT EXPRESS AUTHORIZATION.
   § 2. This act shall take effect immediately.