S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2428
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07135-01-3
              

 A. 2428                             2
 
 IS SUBSEQUENTLY DETERMINED THAT SUCH  ACTION  OR  INACTION  WAS  WITHOUT
 AUTHORITY OF LAW OR WITHOUT EXPRESS AUTHORIZATION.
   § 2. This act shall take effect immediately.