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A06787 Summary:

Add §224-b, V & T L
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.
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A06787 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                      April 8, 2021
        Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred 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 him or her in his or  her  official
     7  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 his or her capacity as an agent of the  commis-
    12  sioner  for  an official act done, or for failure to perform an official
    13  act, shall be a state charge and shall be audited and paid in  the  same
    14  manner  as state charges. When the act upon which the action or proceed-
    15  ing is based was done in good faith, but without the authority of law or
    16  authorization by the commissioner, the state comptroller may  audit  and
    17  pay  the  same  as  state charges, even if such action or proceeding was
    18  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
    24  constitution  or  laws of the United States or of this state, even if it
    25  is subsequently determined that such  action  or  inaction  was  without
    26  authority of law or without express authorization.
    27    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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