BILL NUMBER:A10772

TITLE OF BILL:  An act to amend the public officers law, in relation to
post-employment restrictions

PURPOSE OF THE BILL:

This bill would clarify that private veterinarians and veterinary tech-
nicians serving the State as part of an activated Emergency Veterinary
Medical Corps are not prohibited from appearing before the Department of
Agriculture and Markets (Department) following such service.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Public Officers Law (POL) § 73(8) to
provide that the two year and lifetime prohibitions against appearing
before former State agency employers do not apply to any person as a
result of his or her temporary employment by the Department as part of
the New York State Emergency Veterinary Medical Corps.

Section 2 of the bill would provide for an immediate effective date.

EXISTING LAW:

POL §73(8)(a)(i) prohibits former State officers or employees, within a
period of two years after leaving State service, from appearing or prac-
              

ticing before their former agency or receiving compensation for any
services rendered in relation to any case, proceeding, application or
other matter before their former agency.

POL §73(8)(a)(ii) prohibits former State officers or employees from
appearing, practicing, communicating or otherwise rendering services
before any State agency, or receiving compensation for such services in
relation to any case, proceeding, application or transaction with which
they were directly concerned and in which they personally participated
while in public service, or which was under their active consideration.

PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

In the event of an emergency, natural disaster or act of bioterrorism,
it may be necessary for the Department to hire; on a temporary basis,
private veterinarians and veterinary technicians to assist Department
personnel with disease control measures, administering vaccines, euthan-
izing animals and conducting epidemiological investigations. At the end
of their temporary employment by the Department and their return to
their private veterinary practices, these veterinarians and veterinary
technicians may be called upon to appear before the Department.

The Department received an opinion from the Commission on Public Integ-
rity that a veterinarian or veterinary technician would be subject to
POL § 73(8){a){i) and (ii) upon activation by the Department as a tempo-
rary employee for the Emergency Veterinary Medical Corps. Such rare,
emergency and temporary service should not be treated the same as regu-
lar employment for purposes of Public Officers Law § 73(8). This bill
would encourage veterinarians and veterinary technicians to serve the
State as part of an activated Emergency Veterinary Medical Corps and
help to ensure the availability of adequate resources to respond to
emergencies, natural disasters and acts of bioterrorism.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would take effect immediately.