Lobbying vs. Advocacy: Appropriate Uses of SOA Grant Funds

1. Lobbying vs. Advocacy:Appropriate Uses of SOA Grant Funds Alison Kulas Deputy Program Manager, TPC February 10, 2011

2. Tobacco Prevention & Control • The TPC is committed to creating tobacco free environments where Alaskans live, work and play. • All TPC Grantees work on promoting tobacco prevention and control policies through advocacy efforts in communities.

3. Uses of this Presentation • The information in this presentation was gleaned from local and national sources and experts. Thank you to: • Foraker Group, Robert Wood Johnson Foundation, Americans for Nonsmokers’ Rights, and Rede Group • This will give you a basic overview of rules to abide by, but is not comprehensive • Please always ask TPC or Rede Group if you have questions or doubt.

4. SOA Grant Agreement • 7 AAC* 78.160(t) Costs • “A grantee may not use grant money to pay for lobbying or fund raising activities.” • Grant Assurances Form • “Ensure that grant funds will not be used for lobbying or fund raising; or any other costs prohibited by law or by the terms of the grant agreement.” • Budget Preparation Guidelines: • “DHSS grant funds are not available for lobbying or for fundraising under any circumstances.” *Alaska Administrative Code

5. Why do we care about advocacy? Foraker Group, 2008

6. Follow the Green, Yellow, Red Rules • Green: Permitted Advocacy • Yellow: Proceed With Caution • Red: Prohibited Lobbying- Coalition should lead Winning campaigns need all of the above!

7. Overview of Public Policy • Tribal resolutions • City ordinances • Borough ordinances • State laws • Budget decisions made by tribal or city governments • Rules made by governments

8. Who is a Legislator? • Governing Body • Tribal Council, City Council, State Legislature • A government official or group within government • Commissioner of HSS • Public • Ballot initiatives • Petitions • Note: Special purpose and administrative bodies are NOT considered legislators ex: School Boards, Zoning Commissions, FDA, HSS

9. Where Grant Funds Cannot Go • Direct Lobbying • Communication with legislators or legislative staff member when: • Referring to specific legislation or legislative proposal AND • Expressing your view on the legislation • Grassroots Lobbying • Communication with the general public when: • Expressing a view about specific legislation or legislative proposal AND • Including a Call to Action (direct or indirect)

10. Call to Action • Directly encourage the recipient to contact a legislator – “Call your Representative” • Give contact information for a legislator • Provide a tear off postcard, link or model communication to a legislator • Identify a legislator as undecided or opposed to your position on the legislation Grant funds CANNOT be used for this

11. Call to Action Grant funds CANNOT be used for this

12. Direct Lobbying Examples • Directly contacting a policy maker (or their staff) and asking her to support the bill to raise tobacco taxes by 10%. • Directly contacting a State Senator to allocate more funds for tobacco prevention and control. Grant funds CANNOT be used for this

13. Grassroots Lobbying Examples • Asking the CEO of your Health Corporation to contact your City Councilman to support the bill to increase in tobacco tax. • Paying for a radio ad that says “Call your councilwoman today and urge her to vote yes on the smokefree air ordinance.” • Having people sign a petition in support of smokefree air. Grant funds CANNOT be used for this

17. Test Your Knowledge • A School Board is working to implement a tobacco free campus policy. Which of these things can the grantee help with? • A) Giving the School Board the model policy language for a comprehensive tobacco free campus • B) Finding parent volunteers who support the policy and asking them to show up to the School Board meeting • C) Telling the Superintendent why a comprehensive tobacco free campus policy is needed • D) All of the above- School Boards are not legislators

18. Permitted Communication • Written request for technical assistance • Developing and increasing grassroots networks • Non-partisan analysis and research • Using media to educate on the merits of legislation (as long as there is NO call to action and not being voted on by the public) • “Self defense” Grant funds CAN be used for these

19. Test Your Knowledge • A City Council is considering a Smokefree Air Ordinance. Which of these things can the grantee help with? • A) Working with Councilwoman Sandy on the deal-breakers • B) Giving the Mayor the Gold Standard policy language just in case he needed it • C) Telling the newspaper “Smokefree air is good for health and great for business so the City Council should pass the smokefree ordinance.” • D) Purchase radio ads that say “Smokefree air is good for health and great for business so call your councilman to support the smokefree ordinance.”

20. Technical Assistance • Testimony or other assistance in response to: • A written invitation • From a governmental body or committee (not from an individual legislator or staff member or informal body such as a caucus) Ex: the Council has gone through one reading of the smokefree ordinance and is looking for more information about whether or not to allow ventilation, so they write to ask your organization for more information Grant funds CAN be used for this

21. Non- Partisan Research and Analysis • Sharing information or educating policy makers about the importance and merits for tobacco prevention policies • Reports/Briefings can reflect a view on legislation • Content test: sufficiently full and fair analysis of all the relevant facts for an independent conclusion • Distribution test: not targeted to only one side of issue (No call to action) • Grant funds CAN be used for these

22. Policy Brief This brief summarizes the findings of 14 studies undertaken to examine the role of cigarette taxes in reducing the negative consequences of tobacco on health

23. Research Report

24. How do you advocate? • Remember, your technical assistance team and TPC Evaluation team can work to find the resources you need.

25. Educating the Media • You can share information with the media about pending legislation as long as there is NO call to action and is NOT being voted on by the public • Ex: “HB2122 is good public policy and the legislature should pass it so that we can all be protected from secondhand smoke.” • But you cannot say, “HB2122 is awesome and I encourage everyone to call their reps and senators and urge them to vote yes.”

26. Green? Yellow? Red? It’s time to start protecting our future. www.tobaccofreealaska.org

29. Permitted Media Communications • Op-eds, letters to the editor (as long as the issue is not on the ballot) • Press conferences, editorial board meetings • Newsletters or other publications • Web sites • Paid advertising (If no call to action) Grant funds CAN be used for this

30. * * * 2011 SPECIAL BULLETIN FROM THE DESK OF THE EXECUTIVE DIRECTOR * * * Dear Member, 2011 has certainly started off with a bang.  It has been the busiest January that I can remember in my 14 years here at ANR.  While much of it is due to good smokefree campaigns that are underway, an equal amount is related to threats to existing smokefree laws or to projects and foundations dedicated to tobacco control and nonsmokers’ rights. First, the good news:  Twenty three states, 447 municipalities, two territories, and the District of Columbia have a strong 100% smokefree workplace, restaurant, and bar law in effect, protecting 47.8% of the U.S. population. Savannah, GA, which boasts having the second largest St. Patrick’s Day parade in the world, went smokefree at noon on January 1, 2011.  It is the first city in Georgia to enact and implement a 100% law since the weaker state law passed in 2005, and it has inspired several other cities around Georgia to begin local campaigns.  Missouri cities continue to pass 100% laws, a dramatic increase from just five years ago when there were no strong 100% laws on the books.  While I cannot reveal our big 2010 Smokefree Air Challengeaward winners yet, let’s just say that we are thrilled to see so many contenders from Southern and Mid-Western states in the running! Several states (Mississippi, Kentucky, and Texas to name a few) have introduced bills for 100% smokefree workplaces. Each of these has a strong base of local laws on the books, which generally leads to greater success at the state level.    In addition, a bill will be introduced soon in California to close the loopholes in its workplace law and Oklahoma is running a strong preemption repeal campaign which, when successful, will open the doors to the passage of local laws. Now, the bad news:  There are attacks on a number of state laws, including a full repeal of the laws in Kansas and South Dakota (which was recently upheld by voters), a repeal of Illinois’ 2006 smokefree casino provisions, a rollback in Michigan to permit smoking rooms in almost any workplace, and a repeal of Minnesota’s bar provision.  ANR has signed onto an amicus brief to protect North Carolina’s law. Funding for tobacco control has already been cut in some states, and North Dakota and Indiana are currently facing similar attacks.  In the past, successful attempts at diverting tobacco control funds resulted in a complete decimation of tobacco control prevention and program efforts, leaving a serious gap in prevention and cessation services and a lack of smokefree protections. How you can help: 1) Write letters to legislators, 2) Contribute to ANR, 3) Stay Tuned.

31. Paid Mass Media Rule A paid mass media ad on the general subject of pending legislation is treated as grass roots lobbying, if: • Legislation is “highly publicized,” • Ad is within two weeks of a legislative or committee (not subcommittee) vote; and • The ad refers to the specific legislation or contains a call to action

32. “The Debate is over. The science is clear.” To support smokefree workplaces, email: bpeterson@aklung.org

38. Call Governor Gregoire at (360) 902-4111 and tell her: Protect our kids. Protect tobacco prevention.

40. Critical Considerations • Beware of the Yellow Light. • If something is not technically lobbying it doesn’t mean the time is right for you to proceed. Contact TPC or Rede Group if you have questions. • This information only explains the allowable use of grant funds. • Always work with your supervisor to determine your organization’s rules around lobby restrictions. • Winning campaigns require the combination of green, yellow, and red actions. • Partner with agencies who have the ability to lobby in order to pass successful policy. The community coalition is critical to a winning campaign!

41. Resources • Foraker Group www.forakergroup.org • Alliance for Justice www.afj.org • “Worry Free Lobbying for Nonprofits”, “Seize the Initiative”, etc • Americans for Nonsmokers’ Rights www.no-smoke.org • Robert Wood Johnson Foundation www.rwjf.org • Rede Group www.tobaccofreealaska.org