Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020||
referred to transportation
|Sep 04, 2019||
referred to rules
Senate Bill S6681
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Transportation Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S6681 (ACTIVE) - Details
2019-S6681 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6681 SPONSOR: FLANAGAN 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
2019-S6681 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6681 2019-2020 Regular Sessions I N S E N A T E September 4, 2019 ___________ Introduced by Sens. FLANAGAN, BOYLE, LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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.
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