NY State Senate Bill 2021-S5865

Senate Bill S5865

2021-2022 Legislative Session

Relates to allowing a department of motor vehicles employee to employ an attorney-at-law to defend against certain civil actions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Mar 19, 2021	referred to transportation

2021-S5865 (ACTIVE) - Details

See Assembly Version of this Bill:: A6787
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §224-b, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6681, A8572
2023-2024: S4808, A2428

2021-S5865 (ACTIVE) - Summary

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

2021-S5865 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5865

SPONSOR: PALUMBO
 
TITLE OF BILL:

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

 
PURPOSE:

To allow a Department of Motor Vehicles employee to hire an attorney to
defend against certain civil actions.

 
SUMMARY OF PROVISIONS:

Section I. Amends section 224-b of the vehicle and traffic law to
include three new paragraphs which enact the following: 1) allow all DMV
employees to hire an attorney to defend against civil actions or
proceedings brought against them for acts undertaken in their official
capacity as an agent of the commissioner; 2) to indemnify such DMV

employee when the upon which the action or proceeding is based on was
done in good faith but without the authority of law or authorization by
the commissioner and; 2) prevent such an employee from termination on
the basis of an action, or failure to act, done in good faith and with a
reasonable belief that such employee is defending, protecting and
upholding the constitution or laws of the United States or of this this
state.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

Currently, section 17 of the public officer's law provides defense and
indemnification to certain state officers and employees. Given recent
developments, all employees working within the Department of Motor Vehi-
cles should be given these same protections.  Unlike the employees of
other agencies, DMV employees are now faced with the unique decision of
whether to follow through with actions that many county clerks (who are
in charge of operating many DMV offices) claim violates federal law.
Accordingly, because DMV employees are left out of section 17 of the
public officers law, if a DMV employee refuses to act based on a good
faith order from their boss or of their own god faith belief that they
would be violating the law, such employee could be fired or face signif-
icant civil penalties. Until the claims of the county clerks has worked
its way through the judicial system, all DMV employees should be
protected.

 
LEGISLATIVE HISTORY:

2020 A.8572/S6681.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S5865 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5865
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10539-01-1

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