BILL NUMBER: S1038
SPONSOR: PALUMBO
 
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:
To allow a Department of Motor Vehicles employee to hire an attorney to
defend against certain civil actions.
 
SUMMARY OF PROVISIONS:
Section 1. 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 employee could be fired or
face significant civil penalties. Until the claims of the county clerks
have worked its way through the judicial system, all DMV employees
should be protected.
 
LEGISLATIVE HISTORY:
2024 S.4808/A.2428; 2022 5865/A.6787; 2020 A.8572/S6681.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.