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A05692 Memo:

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.
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