Bill Text: NY S01038 | 2025-2026 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-08 - REFERRED TO TRANSPORTATION [S01038 Detail]

Download: New_York-2025-S01038-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1038

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        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:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 224-b to read as follows:
     3    § 224-b.  Actions and proceedings in official employment capacity.  1.
     4  Notwithstanding any inconsistent provision of law, a department of motor
     5  vehicles  employee  may  employ  an  attorney-at-law to defend any civil
     6  action or proceeding brought against such employee  in  such  employee's
     7  official capacity as an agent of the commissioner.
     8    2.  All  damages  recovered  against,  or  costs and expenses lawfully
     9  incurred by an employee of the department of motor  vehicles,  including
    10  attorney's  fees, in the defense of a civil action or proceeding brought
    11  against such employee in such employee's capacity as  an  agent  of  the
    12  commissioner  for  an  official  act  done, or for failure to perform an
    13  official act, shall be a state charge and shall be audited and  paid  in
    14  the  same manner as state charges. When the act upon which the action or
    15  proceeding is based was done in good faith, but without the authority of
    16  law or authorization by the  commissioner,  the  state  comptroller  may
    17  audit and pay the same as state charges, even if such action or proceed-
    18  ing was initiated against the employee by the commissioner.
    19    3.  No proceeding or investigation for the termination of a department
    20  of motor vehicles employee shall be undertaken or directed to be  under-
    21  taken  against  such  employee  on the basis of an action, or failure to
    22  act, of such employee, if done in  good  faith  and  with  a  reasonable
    23  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.
                                                                   LBD02298-01-5
        S. 1038                             2

     1  constitution or laws of the United States or of this state, even  if  it
     2  is  subsequently  determined  that  such  action or inaction was without
     3  authority of law or without express authorization.
     4    § 2. This act shall take effect immediately.