Suffolk lawmakers approve smoking ban in common areas of apartment complexes

The Suffolk County Legislature last night unanimously approved legislation to allow the county to ban smoking in common areas of apartment buildings, condominiums and other multifamily housing and permit health officials to inspect those areas to enforce the law.

Lawmakers also approved a proposal to allow police union members to defer up to 150 hours of overtime or holiday pay this year and next. The county will save an estimated $3.7 million upfront, although critics expressed concern that the move could prove costly in the long run.

The anti-smoking measure, sponsored by Legis. Monica Martinez (D-Brentwood), covers any apartment complex with 10 or more dwelling units, including senior and assisted living facilities and long-term health care facilities.

The law would bar smoking in all indoor and outdoor common areas and within a 50-foot radius of entrances, exits and ventilation intake units. Specifically, the ban covers hallways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gyms, swimming pools, restrooms, laundry rooms and cooking areas.

Martinez said she made the proposal after receiving a complaint from a woman with breathing problems who lived in an apartment complex and found that county health officials had difficulty enforcing the law.

"People need to be able to live without fear their health will be affected by smoking," Martinez said.

The legislation still must undergo a hearing before County Executive Steve Bellone within the next several weeks, but aides say Bellone supports Martinez's measure.

Martinez's legislation follows passage of similar laws in Illinois and San Rafael, California, that put restrictions on smoking in multifamily housing developments.

Martinez said the legislation imposes a $250 fine for each violation and as much as $1,000 or 6 months in jail for repeated or malicious violations.

Also Tuesday, lawmakers approved a voluntary police salary deferral plan on a 13-4 vote with Legis. Kate Browning (WFP-Shirley) abstaining -- but only after a heated 90-minute debate in which opponents criticized the lack of information about the long-term fiscal impact.

"The administration did an absolutely terrible job of negotiating," Browning said.

Some lawmakers wanted to delay a vote and to discuss covering budget shortfalls by using part of the $81 million left in the sewer tax stabilization fund instead.

But Legis. Rob Calarco (D-Patchogue) said lawmakers already had voted to include the deferral plan in the 2016 budget and that the sewer fund may be needed to plug future budget holes. Louis Tutone, PBA vice president, said the effort to delay the vote could have killed the proposal because union members have only until Sunday to decide how to use overtime they are allowed to bank throughout the year.