Tobacco Documents Online

INDIANA ASSIST SUMMARY TI3052-1565

INDIANA ASSIST SUMMARY -- LOBBYING ACTIVITIES The American Stop Smoking Invention Study for cancer prevention ("ASSIST") is a federally funded, collaborative effort between the National Cancer Institute and the American Cancer Society, along with state and local health departments and other voluntary organizations, to develop and implement comprehensive tobacco control programs in seventeen states, including Indiana. Indiana Project ASSIST ("IND ASSIST") apparently has engaged in a wide variety of direct and indirect anti- tobacco lobbying activities at the federal, state and local levels, according to documents obtained through Freedom-of-Information Act requests and other public materials. IND ASSIST's Stated Objective Is To Support Anti-Smoking Public Policies IND ASSIST's "Plan for a Tobacco-Free Society" provides: {IND] ASSIST Coalitions will work to achieve policy changes that will impact all Hoosiers. By advocating for new tobacco policies, and working to strengthen and enforce current policies, Indiana ASSIST Coalitions will make quite an impact on reducing the number of current tobacco users, and potential users, in the State. Members of Indiana ASSIST Coalitions will strive to make changes which place limits on where smoking is allowed, require age restrictions for purchase and use, enforce restrictions, increase prices on tobacco, and restrict advertising and promotion of tobacco products. Attachment 2 at 5 (emphasis added); see Attachment 5 at ii (similar legislative goals for 1994-95). IND ASSIST acknowledged that most, if not all, of these "policy" goals must be pursued through legislation: "The only practical approach to protecting Hoosiers from exposure to secondhand smoke is to eliminate tobacco smoke in all public places. Indiana's Clean Indoor Air law needs to be expanded.. . . (Attachment 2 at 10) (emphasis added); [IND ASSIST must] "[p]romote and support efforts to prohibit vending machine sales of tobacco products" and to establish "tobacco vendor licenses" (Attachment 2 at 11) (emphasis added); "There are thirty-eight states which have higher excise taxes on cigarettes than Indiana. Indiana needs to bring its tobacco excise T!30521566

2 tax in line with neighboring states and the rest of the country" (Attachment 2 at 12) (emphasis added); and lIND ASSIST must] "[e]ncourage public authorities to restrict~ban tobacco advertising and promotion within their jurisdictions" (Attachment 2 at 13) (emphasis added). See also Attachment 1 at 16 (IND ASSIST conceding that "policy" means "legislation"). Indeed, much of the IND ASSIST organization was built from the remnants of an essentially defunct anti-tobacco lobbying group called the "Indiana Coalition for a Tobacco-Free Society." Attachment I at 52. Before the ASSIST program came to the state, the Coalition for a Tobacco-Free Society's "efforts centered around tobacco legislation and [the organization] was most active during the legislative sessions." Id. (emphasis added). Building upon this base of expertise, IND ASSIST thus could declare that "[s]everal Indiana ASSIST Coalition members have been instrumental in advocating for tobacco control legislation." Attachment 1 at 51 (emphasis added). Despite the fact that several of its member organizations had substantial lobbying experience, IND ASSIST emphasized that "all coalition members in every coalition will need to be trained in advocacy skills" to ensure that the organization's goals were met. Attachment 1 at 52 (emphasis added). Some of this training was to be provided by "Local Coordinating Councils" ("LCCs"). Attachment 1 at 11..The LCCs, which were local components of the Governor's Commission for a Drug-Free Indiana, had "particular expertise with advocacy issues .... " Id. (emphasis added). There was little doubt that legislative action was the unspoken goal of these advocacy activities. IND ASSIST, in an effort to coordinate its "policy" goals and activities at the state and local levels, established standing "Policy Advocacy Committees "'. Members of [each] policy committee work to achieve policy changes that will impact Hoosiers, either on the State or local level. Efforts... will focus on making changes which place limits on where smoking is allowed, require and enforce age restrictions f or purchase and use, increase prices on tobacco, and restrict advertising and promotion of tobacco products. Attachment 3 at 6 (emphasis added). T!30521567'

3 IND ASSIST allowed the Indiana Division of the American Cancer Society ("ACS-IND") to play a particularly active role in anti-tobacco lobbying activities. ACS-IND formally "recognize[d] ASSIST as the vehicle in which to facilitate and accomplish [its] tobacco control efforts." Attachment 3 at 1. ACS-IND, for example, "reactivate[d its] tobacco control task force and [began] to take a very active role in policy advocacy" after ACS-IND hired a new ASSIST Project Manager in December 1993. Attachment 8 at 7 (emphasis added). In early 1994, ACS-IND "took a very active and visible role in working with the legislature to advocate for legislation and to fight the industry's youth access bill," activities that IND ASSIST described as having made a "significant contribution[]" to the ASSIST Project. Attachment 11 at 9 (emphasis added). Later that same year, IND ASSIST -- noting that ACS-IND's "contributions to the ASSIST efforts [were] continu[ing] to multiply" -- reported that the "[ACS-IND] Project Manager has assumed a leadership role in sending out legislative advocacy alerts to all ACS staff and volunteers and ASSIST field coordinators." Attachment 12 at 4, 5 (emphasis added). II. IND ASSIST Lobbied Members of Congress and OSHA In late 1994, an IND ASSIST member "met with Congressman Peter Visclosky to discuss the $2 per pack tax increase which would help fund health care ref'orm." Attachment 13 at 17. Rep. Visclosky had "testified before the House Ways & Means [C]ommittee in support of the tax." Id. Jill Long, a Member of Congress from the northeast region of Indiana, was scheduled to speak at a luncheon seminar to be held in Fort Wayne in July 1993; the seminar was sponsored by the Northeast Indiana ASSIST Coalition's policy committee. Attachment 7 at 7-8. During July and September 1994, members of the Northeast Indiana ASSIST Coalition "drafted a cover letter and form letters to be signed by coalition members" and others regarding OSHA's regulation of environmental tobacco smoke. Attachment 13 at 5. "With the help of American Lung Association volunteers, approximately 1.500 letters were sent out to OSHA supporting a total ban in the workplace." Id. IND ASSIST also distributed "legislative advocacy alerts" on the "OSHA requirements." Attachment /2 at 5. T130521568

-4- IlI. IND ASSIST Actively Lobbied The Indiana Legislature And The Office of the Governor IND ASSIST, in its Annual Action Plans for 1993-94 and 1994-95, set detailed state and local lobbying targets on a wide variety of anti-tobacco "policy" fronts, including increasing the excise tax and mandating clean indoor air. At the state level, these targets were to be accomplished by: "Secur[ing] author for legislation[]"; "Assist[ing] Legislative Services [A]gency in drafting Iegislation[]"; and "Secur[ing] legislators as supporters." Attachment 4 at 1, 5, 9, 13, 21, 24, 27, 30, 34-37; Attachment 5 (passim). In mid-1993, IND ASSIST had an opportunity to convince the Legislature to increase the excise tax on cigarettes: The Governor proposed an 18 cent increase and utilized ASSIST Coalition members to rally the increase and serve as spokepersons at news conferences. [D]espite our efforts the initiative failed. The chances of this being introduced during the next session are very good, and ASSIST will be right there to support and further the effort. Another bonus from this initiative is the recognition ASSIST received from the Governor's office. . ASSIST was represented in the Governor's news conference at the Governor's residence. An aide to the Governor has attended the [ASSIST] media advocacy committee meetings and has established strong relationships with the State Coalition Chair, Media Advocacy Committee, and Project Managers. Attachment 7 at 11 (emphasis added). TI30521569

-5- IND ASSIST scored preliminary Iegislative victories later that same year: State policy committee members met with Senators and Representatives to discuss ASSIST policy concerns and as a result, caused tobacco control bills to be drafted by the State's Legislative Services Agency. In drafting these bills, members of the State Policy Committee provided technical assistance... Upon the advise [sic] of legislators, State policy committee members secured additional Senators and Representatives to support these bills. Because of their efforts, legislation was drafted, to be introduced, regarding clean indoor air, youth access, smoking on school property, and creating alcohol- and tobacco.free advertising zones around schools. Attachment 8 at 4 (emphasis added). In 1994, IND ASSIST members still were continuing to "promot[e the] benefits of [a tobacco excise] tax increase to policymakers." Attachment 13 at 1. The members also established a "[c]ollabortive [sic] relationship.., with 4 state agencies on [the] Synar" Amendment during the year. Id. Lobbying activities continued in 1995. Members of the North Central Indiana ASSIST Coalition "contacted their local legislators on the key bills before the General Assembly" in 1995. Attachment 14 at 6. "In Northwest Indiana, coalition members conducted legislative "blitz' activities to inform local citizens on the legislative issues. Included was information. . on how to reach legislators." Id. State coalition members succeeded in developing an "alert system . . . whereby state ASSIST staff inform local ASSIST staff and State coalition members of policy actions." Attachment 14 at 12 (emphasis added): Attachment 11 at 4 (discussing "grassroots support network for proposed legislative changes"). IV. IND ASSIST Actively Lobbied Local Le~,islators At the local level, IND ASSIST planned to engage in numerous "policy" activities during 1993-95. These activities included "[e]ducat[ing] policymakers," "[p]rovid[ing] testimonial support." "ldlevelopling] . . . resource packet[s] . . . for policymakers" and "[m]eet[ing] with local legislators." Attachment 4 at 1, 3, 4, 6, 13- 24, 30-34. 41-64; Attachment 5 (passim). T!30521570

-6- At least some of these goals were accomplished. In mid-1993, for example, the Northeast Indiana ASSIST Coalition reported that the "ASSIST Field Director met with the local field coordinator and coalition members to finalize plans for an upcoming conference with the City~County Council." Attachment 7 at 4 (emphasis added); see also Attachment 7 at 7 ("The Policy Committee [of the Northeast Indiana ASSIST Coalition] has planed [sic] a luncheon seminar for the City/County council members .... "). The field coordinator for the Central Indiana ASSIST Coalition, meanwhile, "worked with a City/County Council member to support their [sic] efforts for a smoking ordinance." Attachment 7 at 8. The local ASSIST coalition had researched and drafted the ordinance. Id. In late 1993, members of the Vanderburgh County ASSIST Coalition "provided testimony in an effort to help achieve their objective of assist [sic] public places or worksites to implement smokefree policies." Attachment 8 at 3. The measure did not pass, but "coalition members and the local staff have worked to keep the issue in the media." Id.; see also Attachment 9 at 2 ("Assisted Mishawaka Common Council in passing smokefree policy in all city buildings"). Other local IND ASSIST coalition members "provided testimonial support for [a] clean indoor air ordinance in northeast Indiana" in early 1994. Attachment 10 at 5. Several ,local coalitions were active in "policy" matters in early 1995. The Northeast Indiana ASSIST Coalition: sponsored and hosted a Town Meeting to offer citizens and elected officials an opportunity to 'hear and be heard' on health issues. The main focus of the town meeting was to promote tobacco control policies, however .... Six city council members attended Attachment 14 at 5. Meanwhile, twenty-two members of the Central Indiana ASSIST Coalition "provided information to legislators on the need for local clean indoor air ordinances." Attachment 14 at 7. T130521571

-7- V. IND ASSIST Had Problems Administering Its ASSIST Contract An employee of the Division of Finance in the Indiana State Department of Health attended an ASSIST training session in Washington, D.C. on March 17, 1993, and filed a report upon his return: The information gained at our meeting will enable the Division of Finance to more accurately manage and prepare fiscal documentation in the future. After meeting with the financial representatives from many other states, I was surprised and a little relieved to find out that Indiana is one of many states having a difficult time spending federal contract funds .... In many circumstances the purchasing agency.., has no control over the agency.., awarding the purchase order .... This situation was discussed at length and was never really resolved at our meeting .... It seems the itinerary for the fiscal portion of this meeting was not given the same thought and planning as the programmatic concerns. Attachment 6 at att. 3.1-3.2 (emphasis added). IND ASSIST's financial management problems were aggravated, in part, by the lack of control that the state ASSIST coalition exerted over its local chapters. In a quarterly report dated July 20, 1993. for example, the state ASSIST coalition explained to its federal counterpart that: The following represent the ASSIST monthly reports for May and June. These reports are the only synopsis of coalition meetings that we have to date. We recognize this to be a weakness in our record keeping and have encouraged all coalitions to send minutes from all meetings so we may keep "a running commentary on all coalition activities. We will make a stronger appeal to coalition steering committees and field staff to institute this process by next quarter. Attachment 7 at 2 (emphasis added): see also Attachment 7 at 10 ("There seems to be some concern with coalition/committee leaders carrying out their responsibilities to the coalition and members"). T130521572

Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ATTACHMENTS (excerpts only, unless otherwise noted) Documents IND ASSIST, An Analysis of Tobacco Control Activities Within the State of Indiana (Sept. 30, 1992) I-ND ASSIST, Plan for a Tobacco-Free Society (April 1993) II'¢D ASSIST, Project Management Plan (undated) IND ASSIST, Annual Action Plan, 1993-94 IND ASSIST, State and Local Tobacco Control Activities in Indiana, 1994-95 IND ASSIST Quarterly Report, Second Quarter, Phase I, Year 2 (April 21, 1993) IND ASSIST Quarterly Report, Third Quarter, Phase I, Year 2 (July 20, 1993) IND ASSIST Quarterly Report, Oct.-Dec. 1993 (Jan. 24, 1994) IND ASSIST Activity Form (Jan. 20, 1994) IND ASSIST Activity Form (Jan. 1994) IND ASSIST Quarterly Report, Second Quarter, Phase II, Jan.-Mar. 1994 IND ASSIST Quarterly Report, Third Quarter, Phase II, Year 3 (July 20, 1994) IND ASSIST Quarterly Report, Fourth Quarter, Phase II, Year 3 (Oct. 21, 1994) IND ASSIST Quarterly Report, Second Quarter, Phase II, Year 4 (April 26, 1995) T130521573

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