Tobacco Documents Online

Draft 9/19/96 NEW YORK i. Local Overview: • Politics There are 62 counties and 111 cities in NY State and in many cases they maintain their own legislative bodies. These local bodies vary greatly in their structure and activity level however a growing number have, over the last several years, become active in attempting to regulate the sale, use and advertising/marketing of tobacco. Twelve Counties have their own health departments that have been given specific responsibility, by the state, to protect the health and welfare of their citizens. These locations have been particularly active on tobacco issues. Generally these Health Departments are governed by appointed boards County and city legislators are not up for reelection in 1996. The overall political environment at the state and national level and the ongoing high visibility of tobacco issues impacts activity at the local level. During 1996 the county boards of health in Nassau and Westchester passed local smoking restrictions. Both of these ordinances are under court challenge. In addition, the fact that statewide uniform smoking standards for restaurants was not passed during the regular state legislative session leaves a void that local Health Departments are actively seeking to fill. It is important to note that it is not the local legislatures that are moving these ordinances. In addition to the subject of smoking regulations the other area for local activity has been advertising and marketing restrictions. • Local Objectives Work with retailer groups to pass legislation to promote AAA objectives. i.e. line of sight in place of self service bans. Support the hospitality industry in their efforts to pass reasonable local smoking accommodation legislation for hospitality venues. i.e. reasonable designated areas smoking and non smoking areas in restaurants, bowling centers, etc. (see alternative solutions below) Defeat all proposed increases to local cigarette excise tax rates by NYC. Defeat all proposals to enable localities to obtain the authority to impose local licensing requirements on tobacco retailers. Defeat all proposals to further restrict locations where consumers can smoke. Defeat all proposals to impose marketing and advertising restrictions. i.e. point of sale restrictions, billboard placement, limits on tax deductibility of

amounts expended for tobacco advertising. Defeat all proposals to impose third party Medicaid liability or to encourage third party Medicaid liability law suits. Defeat all proposals to require or promote divestment of tobacco stocks. Defeat all proposals to require ingredient disclosure. Defeat all proposals to mandate "fire safe" cigarettes. n. Strategies/Tactics - for all local objectives. Continue to develop relationships with legislative and administrative branches and staff. • Third party allies. Work proactively with business units to assure that plans and decisions take into account the impact on third party allies whose support is needed to shape environment and continue attainment of goals. • Alternative solutions. Support reasonable solutions as an alternative to restrictive measures i.e. support the efforts of the hospitality industry to pass reasonable accommodation legislation in Rockland,(1996) Monroe, Erie & Niagara Counties - more if initial are successful (1997), support efforts towards a reasonable regional agreement between Nassau and Suffolk Counties (after court decision in October or November, support efforts to roll back NYC restrictions (after November elections) pass proactive AAA legislation in place of self service bans. • Studies, polls & research. For both state and local efforts updated polling on attitudes towards accommodatlon, taxes and government regulation in general coupled with arguments from issues management and talking points from media affairs team • Media support. Provide media support for release of data to coincide with legislative activity and to respond to other media programs. Move towards a more proactive media approach to provide rationale and alternative to anti pressure. Provide PM consultants, legal counsel and third party allies with positive messages to be used as needed in the state capital and in localities where action is taking place.

Ill. Recommended Activities/Tools - for local objectives t ffin In order to be prepared to deal with the expected increase in local activity, it is recommended that an additional three local consultants be retained (in addition to the current eight). Current Coverage - McCrann - Suffolk County - separate contract Cunningham - Nassau County Dowling - Westchester County Gillespie - Rockland, Orange & Dutchess Counties Open (Lasky decided to leave a new person is set to come on 10/1)- Albany, Renseselear, Schenectady and Saratoga Counties Smith - Onandaga County and neighboring counties as needed Nagle - Monroe County and neighboring counties as needed Murhpy - Erie, Niagara, Cattaragus, Chautaqua Proposed additional areas of coverage There are ten geographically large counties north from Albany to the Canadian border and west to the middle of the state which are not currently covered. Two people are suggested to cover this territory. The other area which would be covered by one additional person are Broome and Tioga counties. They contain the cities of Binghampton and Ithaca respectively. Both are relatively major population centers. Arguments/Talking Points/Studies Working with third party groups share with the general public and key officials studies/polls/research that provide statistical information on the impact of legislative and regulatory proposals.

Mobilizations Providing resources for local coalitions to mobilize their constituencies and consumer base will be necessary. Sales force We are continuing the already well developed active involvement of the PMUSA sales force to assist in getting information out to the retail community and to identify other potential allies/spokespeople. This is particularly important in efforts to deal with pos bans and restrictions.