NY State Senate Bill 2025-S1038

Senate Bill S1038

2025-2026 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

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to transportation

2025-S1038 (ACTIVE) - Details

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
2021-2022: S5865
2023-2024: S4808

2025-S1038 (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.

2025-S1038 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1038

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 1. 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 oversee 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 significant civil penalties. Until the claims of the county clerks
have worked its way through the judicial system, all DMV employees
should be protected.

 
LEGISLATIVE HISTORY:

2024 S.4808/A.2428; 2022 5865/A.6787; 2020 A.8572/S6681.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S1038 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1038
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02298-01-5
 S. 1038                             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.

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