senate Bill S6681

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 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

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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

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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