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Advocacy in Action


Advocacy and Lobbying –
Making the Most out of the
           Law


 “Ten people who speak make more noise than ten
            thousand who are silent."
Webinar Outline
I.     Defining Advocacy
II.    Defining Lobbying
III.   Understanding Lobbying Restrictions
IV.    State and Federal Lobbying
V.     Practicing Your Message
VI.    How Can National Safe Place Help?
VII.   Internet Resources

                                             2
What is Advocacy?
Webster’s Definition –
to speak or write in support of
something

Practical Definition –
Providing information in a
manner which will generate
concern, interest AND
action.


                                  3
Your Turn
How do you define the word Advocacy?

Was there a time when you felt moved
enough by a particular story, issue or
experience that you decided to make an
effort to affect a change?


                                         4
What is Lobbying?

• Direct lobbying
  – Organizations attempt to influence specific
    legislation by stating their position
  – Takes an official position on an issue
  – Meets with legislator or staff
  – Asks members of the organization to
    contact legislator


                                                  5
What is Lobbying?
     Grassroots Lobbying –
    Requires a Call to Action
• Organization urges general public to
  take action on specific legislation
• Organization reflects or states a point-
  of-view on specific legislation
• Organization encourages general public
  to contact legislators
                                             6
Who is a Lobbyist?
A person who attempts to influence the
legislative process as a part of his or her
job or under hire by someone else.

So, if you receive paid compensation for
your efforts – you are a lobbyist and must
identify yourself as such.


                                              7
Who is Not a Lobbyist?
• The following individuals are not lobbyists under the law:
• (1) political party officials;
• (2) news media;
• (3) elected government officials while performing the
  duties of office;
• (4) persons who give testimony or provide information to
  the General Assembly, at public hearings of state
  agencies or who provide information or assistance at the
  request of public officials or employees (Note: this
  excludes most faculty, staff, and administrators from the
  definition of a lobbyist);


                                                           8
Who is Not a Lobbyist
• (5) agency officials and employees while engaged in
  activities within the agency they serve or with another
  agency one's agency collaborates with on projects;
• (6) staff of the United States Congress or General
  Assembly;
• (7) persons who are members of organizations who are
  not paid compensation or not designated by the
  organization as a lobbyist; and
• (8) persons who submit data, views, and arguments in a
  presentation to the administrative rules committee.
• c. A client: a private person or a state, federal, or local
  government entity that pays compensation to or
  designates an individual to be a lobbyist.

                                                                9
Lobbying Restrictions
• Lobbying Must Be “Insubstantial”
• 501(c)(3) nonprofit organizations are
  prohibited from lobbying “except to an
  insubstantial degree.”
  – The IRS evaluates an organization’s lobbying
    activities under one of the following two rules:
  – The “insubstantiality” test, and
• Section 501(h) expenditures test.
                                                       10
H Election
• 501(h) Expenditures Test
• Section 501(h) of Internal Revenue Code
  provides bright-line definitions and rules.
  – 501(h) expenditures test, added in 1976:
  – sets clear, specific dollar limits, and
  – only includes lobbying expenditures (staff,
    materials and other costs); efforts of
    volunteers not counted toward limit, as they
    are under the “insubstantiality” test.
                                                11
Expenditure Limit
• 501(h) Expenditure Limits
  – 501(h) rules allow up to $1 million in lobbying
    expenditures!
  – 20% of first $500,000 of exempt purpose
    expenditures
  – +15% of next $500,000 exempt purpose expenditures
  – +10% of next $500,000 exempt purpose expenditures
• +5% of remaining exempt purpose expenditures



                                                    12
Significant Lobbying Permitted

• An organization with a $2 million budget
  could spend $250,000 on lobbying under
  these limits. Organizations electing 501(h)
  rules could dedicate one or more staff to
  lobbying efforts, full-time, and still maintain
  their tax exemption.



                                                13
Difference between Education and
            Lobbying
 You are free to educate your local, state and
  federal officials and their staff members at
 any time. This includes sending newsletters,
     sharing stories of young people and
 providing outcome data from your program.

   You become a lobbyist when you are paid
for this effort and your educational updates are
  joined with pleas for increased funding, etc.

                                                   14
Levels of Advocacy/Lobbying
                  Local

                  State

                  Federal

Let’s discuss examples of state and Federal
                  efforts.

                                          15
Your Turn of State Advocacy
Did you know that Indiana has a line-item in the state
budget to support Safe Place Funding?

     If you live in a state that has multiple Safe Place cities –
          you have a wonderful opportunity to connect with
        others to provide the state wide influence needed to
       increase attention on youth issues. The National Safe
         Place Program is utilizing Resource Associates to
         organize state meetings for Safe Place programs in
        various states. Shared experiences and insights can
                        lead to shared action.




                                                                    16
Politics at the State Level
While politics and political pressure play a
role in local advocacy – state level
advocacy includes the additional
challenges of diverging geographic
regions, increased variance in rural versus
urban need and increased demand for
attention. Establishing the needed
connection to state legislators takes
additional time, energy and enthusiasm.
                                           17
What does Advocacy Mean
           at the Federal Level?
• Impacting funding and legislative decisions
  on youth issues
• Creating/maintaining legislators’ awareness
  of local needs and concerns for youth
• Establishing a “champion” for youth issues
  in Congress
• Creating a climate of concern for the next
  generation
• Partnering with others to influence decisions
  that affect all states

                                              18
Politics at the Federal Level
     Policymakers at the Federal level are
   inundated with requests from constituents
     and pressure from other legislators to
    support actions that will affect the entire
  nation. Successful advocacy at the Federal
      level requires the commitment and
   partnership of many constituents of many
legislators of many states asking for the same
             thing at the same time.

                                                  19
“What-If”
Discussion –
What if you approach a state legislator and
he or she has some statistics that indicate
that juveniles in your state have increasing
rates of delinquent behavior?

         How would you respond?

                                               20
“What-If”
What if you need to advocate or lobby for
increased funds for your program and the
staff person for the Congressman you are
visiting points out some negative press
about your agency?

          How would you respond?

                                            21
“What-If”
What if you are in Washington and, in each
visit, you hear that there is no money to be
allocated because of the increasing Federal
deficit?



          How would you respond?

                                               22
“What-If”
What if you have to visit with your state and
Federal legislative representatives – all
of whom are from a different political party?

How do you prepare for the visit and how do
you craft your messages?


                                                23
Questions
The line is open for questions
regarding the topic at hand,
personal experiences in
advocacy efforts or assistance
regarding a current situation.

What’s on your mind – or on your
to do list?


                                   24
How can NSP help you?
NSP database can provide statistical information for your
state and/or the nation
Assist in draft letters and packets for government
officials
Advocate on your behalf at the Federal level
Educate new coordinators and local agency staff about
the importance of advocacy and how to advocate
NSP database can provide anecdotal information
regarding youth assisted at Safe Place sites
Provide data regarding the effectiveness of public-private
partnerships established through NSP
Mobilize NSP member agencies (staff and volunteers) to
support or oppose pending legislation
Provide copy of 2006 Edition of the NSP Advocacy
Handbook                                                 25
Looking at Advocacy Resources
www.thomas.loc.gov
www.senate.gov
www.house.gov
www.allianceforjustice.org       Are there other
www.independentsector.org        resources that
www.nn4youth.org                 you utilize or
www.nydic.org                    can identify?
www.ncmec.org (verify)
www.nrscrisisline.org (verify)
www.cwla.org
http://clpi.org/
                                                   26
Contact Information

• Bob Reeg, MPA, bob.reeg@verizon.net
  or 202.265.7271




               National Safe Place      27
               Advocacy Committee
National Safe Place Staff
• Executive Director:   Sandy Bowen
  sbowen@nationalsafeplace. org
• Training Director:    Susan Harmon
  sharmon@nationalsafeplace.org
• Program Development & Research Director: Robin Donaldson
  rdonaldson@nationalsafeplace.org
• Program Coordinator: Sherry Elder
  selder@nationalsafeplace.org
• Administrative Assistant: Julie Arney
  jarney@nationalsafeplace.org




                                                             28
What Next?
Thank you for participating in this webinar.
When you exit the session, you will receive a link
to complete a brief evaluation. We recognize
that your time is valuable so please share with
us your thoughts and feedback on topics and
methods that will best help you help others!
A certificate of attendance can be provided by
including your name and mailing information on
the evaluation or by email request to
rdonaldson@nationalsafeplace.org
                                                29
Thank You!
The staff of the National Safe Place Program and the members of
the National Safe Place Advisory Board appreciate your
commitment, dedication and ongoing efforts on behalf of youth and
families in every community. Please don’t hesitate to contact us if
we can be of further assistance. Until next time – Best Wishes!



“Never doubt that a small group of thoughtful,
committed citizens can change the world. Indeed,
it’s the only thing that ever has.”
             Margaret Mead, American Anthropologist

                                                                      30

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Advocacy and Lobbying: Making the Most of the Law

  • 1. Advocacy in Action Advocacy and Lobbying – Making the Most out of the Law “Ten people who speak make more noise than ten thousand who are silent."
  • 2. Webinar Outline I. Defining Advocacy II. Defining Lobbying III. Understanding Lobbying Restrictions IV. State and Federal Lobbying V. Practicing Your Message VI. How Can National Safe Place Help? VII. Internet Resources 2
  • 3. What is Advocacy? Webster’s Definition – to speak or write in support of something Practical Definition – Providing information in a manner which will generate concern, interest AND action. 3
  • 4. Your Turn How do you define the word Advocacy? Was there a time when you felt moved enough by a particular story, issue or experience that you decided to make an effort to affect a change? 4
  • 5. What is Lobbying? • Direct lobbying – Organizations attempt to influence specific legislation by stating their position – Takes an official position on an issue – Meets with legislator or staff – Asks members of the organization to contact legislator 5
  • 6. What is Lobbying? Grassroots Lobbying – Requires a Call to Action • Organization urges general public to take action on specific legislation • Organization reflects or states a point- of-view on specific legislation • Organization encourages general public to contact legislators 6
  • 7. Who is a Lobbyist? A person who attempts to influence the legislative process as a part of his or her job or under hire by someone else. So, if you receive paid compensation for your efforts – you are a lobbyist and must identify yourself as such. 7
  • 8. Who is Not a Lobbyist? • The following individuals are not lobbyists under the law: • (1) political party officials; • (2) news media; • (3) elected government officials while performing the duties of office; • (4) persons who give testimony or provide information to the General Assembly, at public hearings of state agencies or who provide information or assistance at the request of public officials or employees (Note: this excludes most faculty, staff, and administrators from the definition of a lobbyist); 8
  • 9. Who is Not a Lobbyist • (5) agency officials and employees while engaged in activities within the agency they serve or with another agency one's agency collaborates with on projects; • (6) staff of the United States Congress or General Assembly; • (7) persons who are members of organizations who are not paid compensation or not designated by the organization as a lobbyist; and • (8) persons who submit data, views, and arguments in a presentation to the administrative rules committee. • c. A client: a private person or a state, federal, or local government entity that pays compensation to or designates an individual to be a lobbyist. 9
  • 10. Lobbying Restrictions • Lobbying Must Be “Insubstantial” • 501(c)(3) nonprofit organizations are prohibited from lobbying “except to an insubstantial degree.” – The IRS evaluates an organization’s lobbying activities under one of the following two rules: – The “insubstantiality” test, and • Section 501(h) expenditures test. 10
  • 11. H Election • 501(h) Expenditures Test • Section 501(h) of Internal Revenue Code provides bright-line definitions and rules. – 501(h) expenditures test, added in 1976: – sets clear, specific dollar limits, and – only includes lobbying expenditures (staff, materials and other costs); efforts of volunteers not counted toward limit, as they are under the “insubstantiality” test. 11
  • 12. Expenditure Limit • 501(h) Expenditure Limits – 501(h) rules allow up to $1 million in lobbying expenditures! – 20% of first $500,000 of exempt purpose expenditures – +15% of next $500,000 exempt purpose expenditures – +10% of next $500,000 exempt purpose expenditures • +5% of remaining exempt purpose expenditures 12
  • 13. Significant Lobbying Permitted • An organization with a $2 million budget could spend $250,000 on lobbying under these limits. Organizations electing 501(h) rules could dedicate one or more staff to lobbying efforts, full-time, and still maintain their tax exemption. 13
  • 14. Difference between Education and Lobbying You are free to educate your local, state and federal officials and their staff members at any time. This includes sending newsletters, sharing stories of young people and providing outcome data from your program. You become a lobbyist when you are paid for this effort and your educational updates are joined with pleas for increased funding, etc. 14
  • 15. Levels of Advocacy/Lobbying Local State Federal Let’s discuss examples of state and Federal efforts. 15
  • 16. Your Turn of State Advocacy Did you know that Indiana has a line-item in the state budget to support Safe Place Funding? If you live in a state that has multiple Safe Place cities – you have a wonderful opportunity to connect with others to provide the state wide influence needed to increase attention on youth issues. The National Safe Place Program is utilizing Resource Associates to organize state meetings for Safe Place programs in various states. Shared experiences and insights can lead to shared action. 16
  • 17. Politics at the State Level While politics and political pressure play a role in local advocacy – state level advocacy includes the additional challenges of diverging geographic regions, increased variance in rural versus urban need and increased demand for attention. Establishing the needed connection to state legislators takes additional time, energy and enthusiasm. 17
  • 18. What does Advocacy Mean at the Federal Level? • Impacting funding and legislative decisions on youth issues • Creating/maintaining legislators’ awareness of local needs and concerns for youth • Establishing a “champion” for youth issues in Congress • Creating a climate of concern for the next generation • Partnering with others to influence decisions that affect all states 18
  • 19. Politics at the Federal Level Policymakers at the Federal level are inundated with requests from constituents and pressure from other legislators to support actions that will affect the entire nation. Successful advocacy at the Federal level requires the commitment and partnership of many constituents of many legislators of many states asking for the same thing at the same time. 19
  • 20. “What-If” Discussion – What if you approach a state legislator and he or she has some statistics that indicate that juveniles in your state have increasing rates of delinquent behavior? How would you respond? 20
  • 21. “What-If” What if you need to advocate or lobby for increased funds for your program and the staff person for the Congressman you are visiting points out some negative press about your agency? How would you respond? 21
  • 22. “What-If” What if you are in Washington and, in each visit, you hear that there is no money to be allocated because of the increasing Federal deficit? How would you respond? 22
  • 23. “What-If” What if you have to visit with your state and Federal legislative representatives – all of whom are from a different political party? How do you prepare for the visit and how do you craft your messages? 23
  • 24. Questions The line is open for questions regarding the topic at hand, personal experiences in advocacy efforts or assistance regarding a current situation. What’s on your mind – or on your to do list? 24
  • 25. How can NSP help you? NSP database can provide statistical information for your state and/or the nation Assist in draft letters and packets for government officials Advocate on your behalf at the Federal level Educate new coordinators and local agency staff about the importance of advocacy and how to advocate NSP database can provide anecdotal information regarding youth assisted at Safe Place sites Provide data regarding the effectiveness of public-private partnerships established through NSP Mobilize NSP member agencies (staff and volunteers) to support or oppose pending legislation Provide copy of 2006 Edition of the NSP Advocacy Handbook 25
  • 26. Looking at Advocacy Resources www.thomas.loc.gov www.senate.gov www.house.gov www.allianceforjustice.org Are there other www.independentsector.org resources that www.nn4youth.org you utilize or www.nydic.org can identify? www.ncmec.org (verify) www.nrscrisisline.org (verify) www.cwla.org http://clpi.org/ 26
  • 27. Contact Information • Bob Reeg, MPA, bob.reeg@verizon.net or 202.265.7271 National Safe Place 27 Advocacy Committee
  • 28. National Safe Place Staff • Executive Director: Sandy Bowen sbowen@nationalsafeplace. org • Training Director: Susan Harmon sharmon@nationalsafeplace.org • Program Development & Research Director: Robin Donaldson rdonaldson@nationalsafeplace.org • Program Coordinator: Sherry Elder selder@nationalsafeplace.org • Administrative Assistant: Julie Arney jarney@nationalsafeplace.org 28
  • 29. What Next? Thank you for participating in this webinar. When you exit the session, you will receive a link to complete a brief evaluation. We recognize that your time is valuable so please share with us your thoughts and feedback on topics and methods that will best help you help others! A certificate of attendance can be provided by including your name and mailing information on the evaluation or by email request to rdonaldson@nationalsafeplace.org 29
  • 30. Thank You! The staff of the National Safe Place Program and the members of the National Safe Place Advisory Board appreciate your commitment, dedication and ongoing efforts on behalf of youth and families in every community. Please don’t hesitate to contact us if we can be of further assistance. Until next time – Best Wishes! “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has.” Margaret Mead, American Anthropologist 30