Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 08, 2010 |
referred to local governments |
Assembly Bill A10591
2009-2010 Legislative Session
Sponsored By
TEDISCO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10591 (ACTIVE) - Details
2009-A10591 (ACTIVE) - Summary
Allows a county clerk to employ an attorney-at-law to defend against certain civil actions or proceeding brought against him in his official capacity as an agent of the commissioner of motor vehicles; establishes no proceeding or investigation shall be undertaken against a public officer on the basis of an action or failure to act by the public officer if he or she is in good faith defending the constitution or laws of the United States or the state.
2009-A10591 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10591 TITLE OF BILL: An act to amend the county law, in relation to allowing a county clerk to employ an attorney-at-law to defend against certain civil actions; and to amend the public officers law, in relation to the removal of public officers by the governor PURPOSE OR GENERAL IDEA OF BILL: To eliminate a potential gap in state law. When County Clerks act in their county capacity they are protected by section 409 of the County Law. It is not clear whether their actions as agents of the state Commissioner of Motor Vehicles are covered under that section, creating a possible void in the law. In any event, while acting as an agent of the state, the clerk's defense and indemnification should be provided by the state and not local taxpayers. The bill would also insure that removal actions are not undertaken by the Governor against local officials when such officials act in good faith and with a reasonable belief that they are upholding their oath of office and the law. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill provides that the defense and indemnification of county clerks in actions or proceedings based on action or inaction as an agent of the state DMV commissioner should be a state expense and that defense and indemnification should be provided when the clerk acts in good faith. Section 2 of this bill limits those circumstances under which the Governor may bring a proceed-
2009-A10591 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10591 I N A S S E M B L Y April 8, 2010 ___________ Introduced by M. of A. TEDISCO -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the county law, in relation to allowing a county clerk to employ an attorney-at-law to defend against certain civil actions; and to amend the public officers law, in relation to the removal of public officers by the governor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 409 of the county law is amended by adding a new subdivision 3 to read as follows: 3. (A) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER INCONSISTENT PROVISION OF LAW, A COUNTY CLERK MAY EMPLOY AN ATTOR- NEY-AT-LAW TO DEFEND ANY CIVIL ACTION OR PROCEEDING BROUGHT AGAINST HIM OR HER IN HIS OR HER OFFICIAL CAPACITY AS AN AGENT OF THE COMMISSIONER OF MOTOR VEHICLES AS DESIGNATED UNDER SECTION TWO HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW. (B) ALL DAMAGES RECOVERED AGAINST, OR COSTS AND EXPENSES LAWFULLY INCURRED BY A COUNTY CLERK, INCLUDING ATTORNEY'S FEES, IN THE DEFENSE OF A CIVIL ACTION OR PROCEEDING BROUGHT AGAINST SUCH CLERK IN HIS OR HER CAPACITY AS AN AGENT OF THE COMMISSIONER OF MOTOR VEHICLES FOR AN OFFI- CIAL ACT DONE, OR FOR FAILURE TO PERFORM AN OFFICIAL ACT, SHALL BE A STATE CHARGE AND SHALL BE AUDITED AND PAID IN THE SAME MANNER AS STATE CHARGES. WHEN THE ACT UPON WHICH THE ACTION OR PROCEEDING IS BASED WAS DONE IN GOOD FAITH, BUT WITHOUT THE AUTHORITY OF LAW OR AUTHORIZATION BY THE COMMISSIONER OF MOTOR VEHICLES, THE STATE COMPTROLLER MAY AUDIT AND PAY THE SAME AS STATE CHARGES, EVEN IF SUCH ACTION OR PROCEEDING WAS INITIATED AGAINST THE CLERK BY THE COMMISSIONER OF MOTOR VEHICLES. S 2. Subdivision 1 of section 34 of the public officers law, as amended by chapter 15 of the laws of 1928, is amended to read as follows: 1. In any proceeding for the removal by the governor of a public offi- cer, he OR SHE may conduct an investigation into the charges, and may take the evidence as to the truth of the charges at a hearing for such purpose, or he OR SHE may direct that such investigation or hearing, or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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