CFA Legislative Committee

story by Susan Cook Henry

October 2022

After a 2-year hiatus, Pet Night on Capitol Hill was held at the Rayburn Congressional Office Building on Wednesday, September 21, 2022. CFA was a sponsor as it has been since the event’s inception 26 years ago. This year saw attendance by Members of Congress, their spouses, and staff members, along with representatives of the USDA, industry leaders in veterinary medicine, pharmaceuticals, animal nutrition, and other pet care-related organizations. During the day, George Eigenhauser spearheaded our visits to Congress and was one of nearly 100 individuals who attended various meetings that day with representatives from almost half of the U.S. states. For Pet Night, the CFA booth was run by Kathy Calhoun, Susan Cook Henry, Melanie Morgan, and the real star of the evening – a cream Persian named “Jamie.” No doubt he wowed the crowds, and endeared many with his laid-back personality. Despite being admired and handled by so many fans while looking at a sea of phone cameras, Jamie kept his cool and was genuinely intrigued by the surroundings! CFA’s team was active in engaging sponsors who showed interest in working relationships with CFA and its marketing/branding efforts. Look for more photos and details of this event in the next issue of Cat Talk magazine.

What’s Hot will return in November. See the September WH at Legislation – What’s Hot………… California Bill Failures 2022: Lessons from the Past

Legislation – What’s Hot . . . . . . .

Kelly Crouch, CFA Legislative Information Liaison                                                                          Sharon Coleman, CFA Legislative Legal Analyst

May 2020

Legislative Hearings and Government “Lockdown” Orders

Vital for a representative government and individual liberties, government transparency is suffering unprecedented challenges during the COVID-19 pandemic. Government “lockdown” orders are taking a toll on open meeting requirements that ensure the rights of the public and the press to observe, comment, and report on the meetings of legislative bodies. To deal with executive branch orders prohibiting public “gatherings,” legislative bodies are taking actions that would be unacceptable absent an emergency declaration, and orders suspending portions of open meeting laws without very specific guidance. The challenge is how to create public access to public meetings that is at least substantially equivalent to provisions of Orders or the access required when local, open in-person meetings could be held.

Solutions are evolving and after two months, one can start to see progress towards maintaining public access to the meetings of legislative bodies. Different places will be in different stages of development and the ultimate solution for each jurisdiction will be situation dependent. When trying to ensure full access or analyze a government’s progress, you must start with understanding the open meeting law and typical practices. In California, for example, the Brown Act (Government Code §54950-54963) covers the public’s right to attend and participate in meetings of local lawmaking bodies. For state lawmaking bodies, it is the Bagley-Keene Act. We will focus primarily on three of the Brown Act’s mandates. These include notice, location, and access to regular meetings. Note, there are separate requirements for other types of meetings such as special or emergency meetings or determining what is or is not a “legislative body” for purposes of the Act. The public must be given 72 hours notice through the posting of an agenda for regular meetings. With some exceptions, the meetings are to be public and held within the governed jurisdiction. And the public must have the opportunity to address the legislative body, usually in person. When meetings of “legislative bodies” cannot be held in person, accommodations for these requirements are necessary to ensure ultimate legality of actions taken at meetings besides the appearance of propriety and fairness to the public.

To date, California Governor Gavin Newsom has issued three executive orders concerning these requirements. On March 12. 2020, executive order N-25-20 suspended the requirement that the legislative body meets in public. The order allowed for the meetings to be conducted by teleconferencing video or other electronic means. Such meetings must be accessible by the public telephonically or electronically. The physical presence of the body members and its personnel as a condition of participation or establishing a quorum is waived. Executive order N-29-20 clarified that public meetings could be held without a physical location so long as the public could observe and address the meeting telephonically or electronically. The body no longer has to disclose the location, nor do members have to be physically present. The meeting could be held in France with half the members enjoying an Australian beach while the other half scales Mount Everest. The Notice and Americans with Disabilities requirements are still in effect. A few days later, on March 21, 2020, a third executive order relating to the Brown Act was issued. Executive order N-35-20 created a safe harbor for members of the body to seek and receive information relative to the declared emergency without such discourse being construed as a serial meeting that does not meet Brown Act requirements.  Provided the members take no action and do not discuss how they will vote outside of a public meeting; their actions will be within the safe harbor zone (First Amendment Coalition.)

As with California cities and counties, legislative bodies everywhere will encounter implementation issues with any solution applied. There is no substitute for in-person public meetings, but legislative bodies should come as close as possible. With today’s technology, that is a more approachable goal than 50 years ago, but technology is not infallible nor always available to everyone and is not a complete substitute. For example, creating a crowd is an important advocacy tool that is hard to replicate without a physical meeting. From a technology standpoint, multiple platforms and modes of access may be necessary to include real-time comments and responses in the record. Zoom, WebEx, and other software allow for teleconferencing but have cost and bandwidth considerations. They can allow invitees to comment, but the rest of the public watching needs to be allowed real-time access in other ways. Access may include phone-in commenting or emails that are read into the record by the clerk in real-time. Some jurisdictions have held Zoom or other electronic meetings within a Facebook live event. However, the accessibility, anonymity and volume of Facebook comments may present insurmountable problems. Electronic meetings focused solely on the speaker deprives observers of nonverbal clues of council members. In the event of failure or a closed session, how is the public reconnected? Also, with some videoconferencing failures, the public record is may be lost. Fuzzy video, audio, and video that is out of synch, or audio-only feeds lead to confusion and a lack of transparency. Technology may help with language barriers if thought about in advance, but it does not give access to people with no Wi-Fi service. As these issues accumulate, transparency becomes opaque.

The situation creates more problems for journalists. The press plays an essential role in government accountability. Yet even good electrical access can interfere with that role. The inability to follow up with legislators or commenters results in several issues. The journalist cannot corner a politician to obtain an unscripted response to a question. There is no easy way for the journalist to follow up with people or develop a relationship with a commenter. Source building on issues is difficult. And a person whose name cannot be spelled cannot be quoted. All of this translates into less information for the public.

Providing as many methods for the public to fully engage in government and standardizing the form of that interaction across government in a community, is critical to enable the people and the press to perform their watchdog function. How each legislative body accomplishes that transparency will evolve and adapt to their particular needs.

Recent CFA Legislative Group Blog Post:
What’s Hot………… Responding to the COVID-19 Pandemic

Legislation – What’s Hot

April 2020

Kelly S. Crouch, CFA Legislative Information Liaison
Sharon Coleman, CFA Legislative Legal Analyst

COVID-19 is creating challenges in every aspect of our lives. As the coronavirus was recognized as a pandemic requiring measures to reduce contagion, state governments needed to reassess their normal practices. Some state legislatures were close to adjournment and ended their sessions early. Others not in session postposed the start date. Some state legislatures that were still in session, temporarily suspended their sessions as state employees needed to work remotely, group meetings were restricted or not permitted, and others with legislative business could not safely do it in person. Most states were able to stop working in accordance with laws and session rules governing adjournment or suspension in systems designed for tight schedules and deadlines. For states that set dates certain to resume, the evolving measures to combat the pandemic are requiring adjustments that make keeping state by state information lists difficult to keep current. Ballotpedia has an informative page, “Changes to state legislative session dates in response to the coronavirus (COVID19) pandemic, 2020”. For up to the minute information, check state legislatures’ websites and do internet searches for media sources.

Local governments are grappling with the same issues. They are constrained by state and local orders restricting or prohibiting gatherings even when government work is permitted as essential. Even if remote meetings may be legally allowed, implementing the requirements may be difficult or infeasible. With changing circumstances daily and the increasing need to reduce contagion from asymptomatic carriers, check local information frequently to determine the status of scheduled public meetings.

Breeders subject to USDA, state or local breeder licensing should check for information about any planned changes for renewal or administrative procedures or to routine inspections including social distancing among people and necessary personal protection and sanitation measures to prevent contagion.

Every animal owner, must be aware of the conditions that are and will be affecting the ways we care for them in obtaining their food, veterinary care and keeping them safe. As the pandemic is evolving, there are local, regional and national factors to be aware of and plan for as we move through this period of uncertainty. While obtaining pet food and veterinary care are or should be deemed “essential services” to remain available, the realities require knowing what is actually available and how to obtain it. Much of this information is local, but when ordering must be done, supply and delivery times can be uncertain. In some areas, routine veterinary services are also being discontinued until it is legal and safe for veterinary personnel and clients to resume normal activities. Pet owners may find it difficult to obtain vaccinations, any kinds of elective procedures or diagnostics, routine exams or health certificates if needed. Check regularly on local veterinary practices and plan accordingly including prescriptions. Fanciers may also want to look into mobile veterinary services that may be available. Another veterinary service that is beginning to fill the gap are telemedicine video visits (same for humans, too.) Veterinary practice regulations had been expanding to allow these and may be being relaxed more quickly due to the emergency. Check individual practices to determine details of availability, appropriate use and eligibility, technical requirements and costs. Otherwise, the restrictions on access to care are increasing and practice staffing decreasing so be aware of local conditions and special needs. Anyone, breeder or otherwise planning to transfer animals should carefully consider whether there are safe, feasible ways to do this or to delay until conditions change.

Another concern is whether animals can catch COVID-19 from people or vice versa. Two cats, two dogs, and a tiger in a New York zoo have been reported to be infected with the coronavirus. According to the American Veterinary Medical Association (AVMA), porous materials such as paper money and pet fur tend to absorb and trap the virus, making it difficult to contract by touching these types of items. Since there is much to learn about COVID-19, the AVMA recommends that you let someone else care for your animals whenever possible should you become sick .

Ultimately, the best thing we can do for our pets is to stay healthy ourselves. As that is not entirely in our control, make sure your emergency planning is in place as you would during hurricane season or wildfire season. Knowing you have sufficient supplies in case you are quarantined and have a plan for your pets care will reduce your stress levels. Contact your vet and your local emergency veterinary clinic so you know how they will be operating during this time. With the fluidity of the situation, this can change quickly and without notice. Check on friends and family periodically. Stay up-to-date on coronavirus news from trusted sources that include data and trend analysis and frequent updates. These include state and local health departments and special projects of major newspapers. The AVMA is a useful resource for the pandemic and how to handle it for both pet owners and veterinarians.

There will be cat shows again. In the meantime, stay safe and stay healthy. For fanciers in the medical and veterinary fields, or other essential businesses, thank you!

Recent CFA Legislative Group Blog Post:
What’s Hot…………Georgia Surety Bill, Minnesota Companion Animal Board Bill, and Palm Springs, CA Proposed Restrictive Breeder Permit Ordinance