Combating Childhood Obesity

Transcription

1 AHA Regional Advocacy Training: Combating Childhood Obesity ALLEN MATTISON TRISTER, ROSS, SCHADLER & GOLD, PLLC

2 Section 501(c)(3) Charities May Lobby, But Not With RWJF Funds Public charity 501(c)(3)s legally may conduct a limited amount of lobbying. Charities may spend a certain percentage of their expenditures on direct and grassroots lobbying under the section 501(h) expenditure test. Grassroots lobbying may be 25% of total lobbying. Private foundation 501(c)(3)s may not directly pay for lobbying. No RWJF funds may be spent on lobbying.

3 Strategic Communications Planning Is the Key to Success Key Strategic Goals: 1. Maximize Non-Lobbying Dollars 2. Save Lobbying Dollars for When You ll Get the Biggest Bang for Your Bucks

4 Congressional & State Lobbying Restrictions Apply, Too. This presentation and the RWJF restrictions involve only the IRS lobbying rules. Separate federal and state lobbying laws may apply, in addition to these restrictions. Review the federal Lobbying Disclosure Act or your local laws to ensure compliance with those, too.

5 What is Direct Lobbying? Direct Lobbying has Three Elements: A communication directly with legislator or staff On specific legislation That reflects the organization s view on the legislation

6 What is Direct Lobbying? 1. A Communication Directly with Legislators or Staff Face-to-face meeting Letter with legislator or staff Also certain executive branch officials/staff Phone Call

7 What is Direct Lobbying? 1. A Communication Directly with Legislators or Staff Includes Congress, state legislators, city councils, tribal governments, town meetings. Does not include school boards, zoning boards, or other administrative agencies.

8 What is Direct Lobbying? 2. On Specific Legislation Bills that have been introduced Specific legislative proposals not yet introduced Appropriation bills Treaties From the time the U.S. starts negotiating its position with other parties to the treaty Confirmations and nominations to Senateconfirmable posts Ballot measures*

9 What is Direct Lobbying? 2. On Specific Legislation Specific Legislation does not include: Regulatory Actions Executive Actions School Board Decisions Corporate Actions Institutional Actions (e.g., churches, hospitals, universities, community centers)

10 What is Direct Lobbying? 3. Reflecting the Organization s Viewpoint Rare that a communication from an advocacy group to a lawmaker will hide the organization s viewpoint But it s possible, if the organization is providing truly neutral, objective information

11 What is Grassroots Lobbying? Grassroots Lobbying has Four Elements A communication To the public Includes tweets, advertisements and speeches On specific legislation That reflects the organization s view on the legislation, and Includes a call to action

12 What is Grassroots Lobbying - Call to Action Call to Action is the key distinction between grassroots and direct lobbying Call to action asks the audience to contact their legislator Call Senator Smith, and tell her to vote yes on

13 What is Grassroots Lobbying - Call to Action Other Forms of Call to Action Identifying the audience s legislative representative Providing contact information for legislator Identifying legislator s position on the legislation

14 What is Grassroots Lobbying - Call to Action Other Forms of Call to Action Providing vehicle for contacting the legislator (form , petition, etc.) Identifying the legislator as a member of the committee that will vote on the legislation

15 What is Grassroots Lobbying - Call to Action Call to Action Exception: Highly Publicized Legislation No call to action needed for paid advertising that runs two weeks before a committee or floor vote on highly publicized legislation Highly publicized if it s frequently on the evening TV news Automatically grassroots lobbying if it is: Paid advertising, On specific highly publicized legislation, and Reflects the organization s view on the legislation

16 Activities to Prepare for Lobbying Preparing for Lobbying = Lobbying Cost Activities whose only purpose is to prepare for lobbying must be paid with lobbying dollars. Examples: Meetings to set lobbying strategy. Polls used only for lobbying. Writing handouts used only in lobbying.

17 What is not lobbying? Nonpartisan Analysis, Study, Research Independent, objective analysis Distributed broadly, not just to one side May advocate a viewpoint, if it includes a full and fair examination A person must be able to form an independent conclusion

18 What is not lobbying? Beware of Subsequent Use Rule All costs for purely educational materials are presumed to be grassroots lobbying if the materials are used for grassroots lobbying within six months of being produced To rebut the presumption, the organization must demonstrate its primary purpose in developing the materials was not for lobbying

19 What is not lobbying? Technical Advice or Assistance Oral or written assistance provided in response to a written request by a governmental body, legislative committee or subcommittee Request must be made in the name of the entity, not just from an individual member E.g., Health Department director asking on behalf of the department

20 What is not lobbying? Technical Advice or Assistance Advice must be available to all members of the requesting entity May advocate a viewpoint, if the request specifically asks for opinions or recommendations

21 Hypotheticals Healthy Food for All Healthy Food for All is a (fictional) section 501(c)(3) public charity. It has taken the 501(h) election to measure its lobbying activity. It may spend 20% of its annual revenue on lobbying. 25% of that amount may be grass roots lobbying. It receives a VFHK grant, so it may not use any of that money for lobbying.

22 Hypotheticals Is it Lobbying? The Executive Director of Healthy Food for All meets with the city council chair to ask him to join in pushing for more grocery stores in food deserts.

23 Hypotheticals Is it Lobbying? The Executive Director of Healthy Food for All meets with the city council chair to ask him to push for a budget appropriation that would give developers grants of up to 35% of their building costs if they plan to build a grocery store that dedicates at least 1,500 square feet of floor space to healthy foods.

24 Hypotheticals Is it Lobbying? The Executive Director of Healthy Food for All participates in a coalition meeting where she assigns lobbying targets to the other participants. She does not go on lobbying visits herself.

25 Hypotheticals Is it Lobbying? Healthy Food for All releases a report advocating that Chicago needs to attract more grocery stores to areas lacking access to healthy food. What if the report had urged that Chicago adopt a healthy food financing initiative, modeled on the Pennsylvania s program, to provide loans and grants to encourage grocery stores in low-income areas?

26 Hypotheticals Is it Lobbying? Healthy Food for All invites the Governor to talk to their organization about her victory passing the state s first healthy food financing law to incentivize grocery stores to locate in food deserts.

27 Hypotheticals Is it Lobbying? When introducing the Governor, the Executive Director says: Governor Smith has been terrific, and if we want to keep our kids on our the path toward better health, we ve got to get her reelected this November!

28 Hypotheticals Is it Lobbying? Senator Sue Jones posts on her own official Facebook page, I just introduced legislation to keep children healthy. May Healthy Food for All click the Like button on this post?

29 Hypotheticals Is it Lobbying? Healthy Food for All posts on the official Facebook page of state Senator Sue Jones: Senator Jones, vote yes on SB4 to promote healthy foods!

30 Hypotheticals Is it Lobbying? What sends a Tweet: Just introduced SB 4 for #HealthyKidsinVA. Is it lobbying for the organization to re-tweet it? Is it lobbying if the organization sends this Tweet: Tell your VA State Senator to vote Yes! Just introduced SB 4 for #HealthyKidsinVA.

31 Additional Resources Influencing Public Policy in the Digital Age: The Law of Online Lobbying and Election-related Activities, Alliance for Justice, 2011 Explains the rules of 501(c)(3) online engagement. Being a Player, Alliance for Justice, 2011 Provides detailed information regarding lobbying.