senate Bill S3868

2019-2020 Legislative Session

Allows a county clerk to employ an attorney-at-law to defend against certain civil actions; and relates to the removal of public officers by the governor

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Local Government 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 20, 2019 referred to local government

Co-Sponsors

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S3868 (ACTIVE) - Details

See Assembly Version of this Bill:
A6317
Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §409, County L; amd §34, Pub Off L

S3868 (ACTIVE) - Summary

Allows a county clerk to employ an attorney-at-law to defend against certain civil actions; and relates to the removal of public officers by the governor.

S3868 (ACTIVE) - Sponsor Memo

S3868 (ACTIVE) - Bill Text download pdf


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

                                  3868

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county law, in relation to allowing a  county  clerk
  to  employ an attorney-at-law to defend against certain civil actions;
  and to amend the public officers law, in relation to  the  removal  of
  public officers by the governor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 409 of the county law is amended by  adding  a  new
subdivision 3 to read as follows:
   3.  (A)  NOTWITHSTANDING  SUBDIVISIONS ONE AND TWO OF THIS SECTION OR
ANY OTHER INCONSISTENT PROVISION OF LAW, A COUNTY CLERK  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 COMMIS-
SIONER OF MOTOR VEHICLES AS DESIGNATED UNDER SECTION TWO HUNDRED FIVE OF
THE VEHICLE AND TRAFFIC LAW.
  (B) ALL DAMAGES RECOVERED AGAINST,  OR  COSTS  AND  EXPENSES  LAWFULLY
INCURRED BY A COUNTY CLERK, INCLUDING ATTORNEY'S FEES, IN THE DEFENSE OF
A  CIVIL  ACTION  OR PROCEEDING BROUGHT AGAINST SUCH CLERK IN HIS OR HER
CAPACITY AS AN AGENT OF THE COMMISSIONER OF MOTOR VEHICLES FOR AN  OFFI-
CIAL  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 OF MOTOR VEHICLES, THE STATE COMPTROLLER MAY AUDIT  AND
PAY  THE  SAME  AS  STATE CHARGES, EVEN IF SUCH ACTION OR PROCEEDING WAS
INITIATED AGAINST THE CLERK BY THE COMMISSIONER OF MOTOR VEHICLES.
  § 2. Subdivision 1 of section  34  of  the  public  officers  law,  as
amended  by  chapter  15  of  the  laws  of  1928, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09991-01-9

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