S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5692
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of 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 SUCH EMPLOYEE IN SUCH EMPLOYEE'S
 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  SUCH EMPLOYEE'S CAPACITY AS AN AGENT OF THE
 COMMISSIONER 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
 PROCEEDING 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 PROCEED-
 ING 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.
                                                            LBD02298-01-5