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New York Preemption, 1994-1996
From Russ Sciandra
- No date
- "The ''New'' New York City Plan" is faxed to Lorillard from the Tobacco Institute. The plan calls for amending the New York City law to eliminate restrictions on smoking in restaurants. The United Restaurant and Tavern Association of New York State (sic) is to take the lead in mobilizing restaurateurs to lobby City Council members. An economic impact poll will be conducted by Price Waterhouse to assess the adverse impact of the law on restaurants. Yoswein New York will coordinate the campaign and Dan Klores Associates conduct public relations. Of the $415,000 proposed budget, $250,000 is for advertising placement in targeted borough and ethnic newspapers.
- No date
- A "New York City Working Group" consisting of representatives of the major, cigarette companies, the Tobacco Institute and their consultants begins meeting weekly to coordinate opposition to the measure
- 16 Mar 1994 Smoke Free Air Act Introduced
- New York City Council President Peter Vallone introduces the Smoke Free Air Act (Intro 232) restricting smoking in public places. A "New York City Working Group" consisting of representatives of the major, cigarette companies, the Tobacco Institute and their consultants begins meeting weekly to coordinate.
- 11 May 1994
- A Lorillard memo reports on a meeting of industry representatives at which participants plan development of a public opinion poll "determining the public''s desire to go beyond the current accommodation law," and discussing ways to "prod restaurant owners/hoteliers to act."
- 11 Jul 1994
- The Tobacco Institute distributes to other Working Group members results of a poll showing residents support provisions of the Vallone bill (e.g. 74% favor requiring separately ventilated smoking sections in restaurants)
- 20 Jul 1994
- A Tobacco Institute document cites a change in the 1994 budget of the Institute to retain Norman Adler as legislative consultant for $60,000. The same document notes a total of $204,750 received in April 1994 from Philip Morris, R.J. Reynolds, Loriallrd and American Tobacco "to support New York City, Maryland OSHA, and Washington Labor and Industry Assessment."
- 12 Sep 1994
- Philip Morris prepares a memo for employees at its Manhattan corporate headquarters urging them to call city council members and providing "talking points."
- 26 Oct 1994
- Philip Morris lobbyist Sharon Portnoy receives proposals from at least two firms to recruit restaurateurs to meet with Council members in opposition to the bill. Ultimately, PM retains Yoswein New York for a fee of $20,000.
- 19 Dec 1994 1/3 Meeting Scheduled to discuss Preemption Plan
- Sharon Portnoy schedules a meeting on January 3 with staff of Philip Morris'' Government Affairs, Public Affairs and Legal Affairs Departments, to discuss "the NY SWOT and preemption plan."
- 27 Dec 1994
- A Lorillard memo discusses plans to have consultants mobilize restaurant owners to lobby the Mayor. The memo discusses having cigarette company executives lobby the mayor.
- 06 Jan 1995
- A Philip Morris Communications Activity Report on the meeting of the NYS Preemption Team and reports that Y&R (Young and Rubicam) has been told to put together a media plan for NYS Preemption advertising.
- 09 Jan 1995
- A Lorillard memo discusses turning out the company''s sales force to attend the Mayor''s public hearing on Intro 232
- 13 Jan 1995
- Sharon Portnoy files a lobbying report with the New York City Clerk showing PM spent $390,579.82 in 1995, including $251,978 to Young & Rubicam advertising and $100,429.39 to Optima Direct for "Direct Mail/Grassroots Activities."
- 16 Jan 1995
- A Lorillard memo discusses plans to amend the new City law to reduce smoking restrictions in restaurants. "The sole focus of this campaign must be restaurants. The other locales covered by this law...have considerably less impact upon [presumably cigarette] sales [and] are less susceptible to enforcement...."
- 20 Jan 1995 PM Threatens to leave NYC
- 27 Jan 1995
- In a memo to senior company executives, Philip Morris CEO discusses the possibility of the company moving its corporate headquarters out of Manhattan, as it had threatened during consideration of Intro 232. Bible proposes postponing a decision for six months after implementation of the new law in April to assess the practical effects of the law. "By then, we might also have some better idea of possible preemption in New York and Connecticut."
- 27 Feb 1995
- Covington & Burling submits to members of the New York City Working Group a "draft ''indoor air quality'' bill for New York State, as well as a draft youth access bill containing "a broad and retrospective preemption clause covering sale, distribution, use, display and promotion." "The 'New' New York City Plan" is faxed to Lorillard from the Tobacco Institute. The plan calls for amending the New York City law to eliminate restrictions on smoking in restaurants. The United Restaurant and Tavern Association of New York State (sic) is to take the lead in mobilizing restaurateurs to lobby City Council members. An economic impact poll will be conducted by Price Waterhouse to assess the adverse impact of the law on restaurants. Yoswein New York will coordinate the campaign and Dan Klores Associates conduct public relations. Of the $415,000 proposed budget, $250,000 is for advertising placement in targeted borough and ethnic newspapers.
- 25 Apr 1995
- Scott Wexler, Executive Director of the New York Tavern & Restaurant Association, submits to Tobacco Institute Regional Vice President John O''Connor a proposal to "establish a uniform statewide standard (preemption) for the regulation of smoking." He copies Philip Morris lobbyists Tina Walls and Sharon Portnoy on the letter. The proposal calls for a 12-week campaign concluding at the end of the state Legislative session on or about July 14. The proposed budget is put at between $307,400 and $419,900. According to its 1996 budget, the TI in 1995 spent $279,700 on the "New York Preemption Plan" and $165,000 on the New York City Plan.
- 01 May 1995
- Philip Morris sends two checks totaling $5,500 to the Gideon Putnam Hotel for the Senate Legislative Reception (5/1/95 and 5/31/95).
- 18 May 1995 $1,000 contribution NY Conf of Italian-American State Legislators
- Philip Morris makes $1,000 contribution NY Conf of Italian-American State Legislators
- 30 May 1995
- Philip Morris Companies makes $10,000 contribution to Somos El Futuro for Eighth Annual Puerto Rican/Hispanic Interface Conference
- 12 Jun 1995
- S5414 introduced by Senate Committee on Rules preempting all local laws and regulations "concerning the sale, distribution, use or display of tobacco products."
- 27 Jun 1995
- S5414 is amended to remove language regarding enforcement of youth access laws but keeping the preemption.
- 07 Jul 1995
- Philip Morris sends 16 tickets to July 19 NY Yankees game to lobbyist Martin McLaughlin with instruction, "these tickets are for you to assemble a group of good Councilman" (sic)
- 01 Aug 1995
- The Tobacco Institute submits for review "a proposal to continue the efforts to implement a statewide uniform regulation of smoking in New York State. This proposal includes continuing efforts for New York City."
- 14 Sep 1995
- Portnoy buys dinner for Senators Spano, Vellela and Libous, M of A Spano and 31 other politicians, family members and lobbyists. $2,569.18
- 10 Oct 1995
- In Santa Fe, NM Portnoy buys dinner for Senator Hoffman and M of A Dugan, Pheffer and Davis, as well as 8 other staff relatives and others. $896.75
- 12 Oct 1995
- Philip Morris makes $15,000 contribution to Somos El Futuro for 7th Annual Legislative Conference in Puerto Rico, 11/29 - 12/6
- 01 Nov 1995
- Portnoy buys dinner for Senator Lack, his wife, a staff member and 13 other people. $772.00
- 02 Nov 1995
- Portnoy buys dinner for James Natoli, Governor''s Director of Government Operations and Anthony Casale, Commissioner, NYS Division of Alcoholic Beverage Control. $136.29
- 12 Nov 1995
- Portnoy buys tickets to Buffalo Bills football game for Attorney General Vacco, Senator Volker, M of A Schimminger, Pordum and Reynolds, and several Erie County elected officials. Cost $65 per person
- 11 Dec 1995
- Portnoy buys dinner for M of A Wertz, Acampora, Mazarelli, Straniere, Seaman, Ortloff, several NY City Council Members and others. $1,026.59
- 01 Jan 1996
- In remarks prepared for - -"state uniformity laws - laws that preempt localities from passing restrictions that are any harsher than the state law - are the primary tool" in fighting smoking restrictions. He identifies New York as a target in 1996 for passage of a preemptive law.
- 13 Jan 1996 Sharon Portney's Lobbying Report
- 33 pages describing Sharon Portnoey's Lobbying Expenses.
- 22 Jan 1996
- Portnoy buys dinner for M of A Dugan, Pheffer, Abbate, Weinstein, a NY City Councilman and one other. $389.90
- 01 Feb 1996
- Portnoy buys dinner for Senator Gonzalez, staff member, Brian Meara and 3 Miller Beer employees. $452.55
- 12 Feb 1996
- Portnoy buys dinner for M of A Tocci, Pordum, Gantt, Vitaliano, a staffer and lobbyist MaryAnn McLean. $415.19
- 04 Mar 1996
- PM donates $12,000 to the NY Assoc. of Black and Puerto Rican Legislators for Legislative Conference
- 12 Mar 1996
- Portnoy buys dinner for M of A O''Shea, Ferrara, Dinga, Oaks(?), Mahoney (?) and lobbyist Brian Meara
- 14 Mar 1996
- Portnoy buys dinner for M of A Lentol, lobbyists Brian Meara and MaryAnn McLean, NY City Counsel H. Stern and one other. $391.00
- 17 Mar 1996
- Portnoy buys dinner for M of A Wertz and Mrs. Wertz and 25 others including staff. $2,041.00
- 19 Mar 1996
- Portnoy buys dinner for Senators Spano, Libous, Liebell, Lack, Stafford, Velella, Skelos, Wright, Holland, M of A Spano, lobbyists Bob Malito, Roy Lasky and 34 others.
- 23 Mar 1996
- M of A Peter Abbate and Senators Goodman, Lack, Maltese, Libous and two lobbyists are PM''s guests at the annual NYS Business Council dinner.
- 15 Apr 1996
- Portnoy buys dinner for M of A Sullivan, Anderson, Straniere, Becker and lobbyists McLean, Meara, McCulley. $595.85
- 16 Apr 1996
- Portnoy buys dinner for Senators Skelos, DiCarlo, DeFrancisco, Alessi and Kuhl plus one spouse and 3 lobbyists. $782.75
- 22 Apr 1996
- Portnoy buys dinner for Senators Smith, Patterson, Montgomery, Markowitz, Seabrook, and M of A Towns, Pretlow, Wright, Hill Green and Cook. $890.60
- 23 Apr 1996
- Portnoy buys dinner for M of A Schimminger, 4 Assembly staff and lobbyists Brian Meara and McLean
- 02 May 1996
- Portnoy buys dinner for M of A Schimminger and Mrs. Schimminger and 2 lobbyists. $331.70
- 03 May 1996
- Portnoy buys meal for M of A Silver, Pat Lynch, Fred Jacobs, Judy Rapfogl and lobbyist Brian Meara. Also attending are PM CEO Geoffrey Bible and top execs. Steven Parrish and Ellen Merlo $659.09
- 07 May 1996
- Portnoy buys dinner for M of A Flanagan and Mrs. Flanagan, Acampora, Thiel and Miller. $363.90
- 13 May 1996
- Portnoy buys dinner for Senators Bruno, Maltese, DeFrancisco, DiCarlo, Nozzolio, Onorato, Spano, Trunzo, Velella and M of A Acampora, Casale, Destito, DiNapoli and Vitaliano
- 18 May 1996
- Portnoy buys dinner for M of A and Mrs. Straniere, Jerry Kremer, Brian Meara, Marty McLaughlin and others. $828.35
- 20 May 1996
- Portnoy buys dinner for 2 Senate staffers, Audrey Bells and Renee DuBois and MaryAnn McLean. $226.25
- 31 May 1996
- Portnoy buys dinner for Senate staffer Steven Bogess, Bob Malito and Brian Meara. $93.72
- 01 Jun 1996
- PM gives $1,000 to NYS Conference of Italian American Legislators Legislative Conference
- 07 Jun 1996
- Sharon Portnoy sends to Tina Walls compromise language on a preemption bill and tells Walls "the leadership of both houses has signed off on the concept. We are now attempting to get them to speak to each other and sign off on the actual legislation." Walls replies, "overall the bill is not what pm would normally support but I know the restaurant asso believes it is the best they can get. We should continue to support their efforts and let others in albany know we support their efforts."