NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5692
SPONSOR: Giglio TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To allow a Department of Motor Vehicles employee to hire an attorney to
defend against certain civil actions.
SUMMARY OF PROVISIONS:
Section I. Amends section 224-b of the vehicle and traffic law to
include three new paragraphs which enact the following: 1) allow all DMV
employees to hire an attorney to defend against civil actions or
proceedings brought against them for acts undertaken in their official
capacity as an agent of the commissioner; 2) to indemnify such DMV
employee when the upon which the action or proceeding is based on was
done in good faith but without the authority of law or authorization by
the commissioner and; 2) prevent such an employee from termination on
the basis of an action, or failure to act, 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 this
state.
Section 2. Establishes the effective date.
JUSTIFICATION:
Currently, section 17 of the public officer's law provides defense and
indemnification to certain state officers and employees. Given recent
developments, all employees working within the Department of Motor Vehi-
cles should be given these same protections. Unlike the employees of
other agencies, DMV employees are now faced with the unique decision of
whether to follow through with actions that many county clerks (who
oversee operating many DMV offices) claim violates federal law.
Accordingly, because DMV employees are left out of section 17 of the
public officers law, if a DMV employee refuses to act based on a good
faith order from their boss or of their own god faith belief that they
would be violating the law, such an employee could be fired or face
significant civil penalties. Until the claims of the county clerks has
worked its way through the judicial system, all DMV employees should be
protected.
PRIOR LEGISLATIVE HISTORY:
2022 A.6787- referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately.
