assembly Bill A8572

2019-2020 Legislative Session

Relates to allowing a department of motor vehicles employee to employ an attorney-at-law to defend against certain civil actions

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Sponsored By

Archive: Last Bill Status - In Assembly 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 16, 2020 held for consideration in transportation
Jan 08, 2020 referred to transportation
Sep 13, 2019 referred to transportation

Co-Sponsors

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A8572 (ACTIVE) - Details

See Senate Version of this Bill:
S6681
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §224-b, V & T L

A8572 (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.

A8572 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8572

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                           September 13, 2019
                               ___________

Introduced  by  M.  of  A.  PALUMBO,  STEC, CROUCH, BRABENEC, DeSTEFANO,
  BYRNES, MIKULIN -- read once and referred to the Committee  on  Trans-
  portation

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

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