NY State Senate Bill S6681

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Sep 04, 2019	referred to rules

Co-Sponsors

S6681 (ACTIVE) - Details

See Assembly Version of this Bill:: A8572
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §224-b, V & T L

S6681 (ACTIVE) - Summary

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

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

the commissioner, and; 3) Prevent such an employee from termination on
the basis of an action, or failure to act, done in good faith and with a
reasonable be lief that such employee is defending, protecting and
upholding the constitution or laws of the United States or of this
state.

Section 2: Establishes the effective date.

 
JUSTIFICATION::

Currently, Section 17 of the Public Officers 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 good faith
belief that they would be violating the law, such employee could be
fired or face significant civil penalties. Until the claims of the Coun-
ty Clerks has worked its way through the judicial system, all DMV
employees should be protected.

 
LEGISLATIVE HISTORY::

None

 
FISCAL IMPLICATIONS::

To be determined

 
EFFECTIVE DATE::

Immediately

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13578-01-9

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The New York State Senate

senate Bill S6681

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

S6681 (ACTIVE) - Details

S6681 (ACTIVE) - Summary

S6681 (ACTIVE) - Sponsor Memo

S6681 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6681

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Co-Sponsors

Phil Boyle

Pamela Helming

Kenneth P. LaValle

Robert G. Ortt

Patty Ritchie

S6681 (ACTIVE) - Details

S6681 (ACTIVE) - Summary

S6681 (ACTIVE) - Sponsor Memo

S6681 (ACTIVE) - Bill Text download pdf

Comments