The Erie County Legislature voted to request that the county recoup costs from implementation of a New York State clean indoor air law banning smoking from bars and restaurants from the state at its March 4 session.

     The Clean Indoor Air Act, which took effect in late July 2003, bans smoking from these establishments while not providing any funds for retail establishments to comply with the law or for Erie County to implement the law, including processing waiver applications.

     "We are asking the county executive to initiate action to recoup this reimbursement from the state," Legislature Chairman George A. Holt, Jr. (D-Buffalo) said. "As a businessman as well as a legislator, I believe we are seeking only what is fair for the county and the establishments affected by the law."

     "This would be another unfunded mandate passed on by the state to the county if we do not recoup these funds," Legislature Majority Leader Lynn Marinelli (D-Tonawanda, Buffalo) said. "I don't think it is fair for small businesses to be burdened with these costs; and I don't think it is fair that the Health Commissioner is forced to have to determine financial circumstances."

     The Erie County Legislature's Human Services Committee is planning discussions regarding a $98 nonrefundable waiver application fee proposed by the Health Department.

     "The burden of retail establishments possibly losing business should not be made worse by the state forcing these businesses to pay for the process of applying for a waiver," Legislator Albert DeBenedetti (D-Buffalo) said.

     "The situation hurts both the county and owners and employees of retail establishments, which have to prove they lost 15 percent of their profit due to the law," said Legislator Demone Smith (D-Buffalo), who also serves as Chair of the Legislature's Human Services Committee. "Businesses in my district are run by hard working people who do not need to put up with another hidden state tax," Legislator Raymond K. Dusza (D-Cheektowaga, Depew) said.

     "We should not be forced to pay for something mandated by the state and then be forced to pass down those costs to establishment owners seeking a waiver," Legislator Timothy M. Wroblewski (D-West Seneca, South Cheektowaga) said.

     "Having business owners pay a waiver application fee without the possibility of a refund while passing on an unfunded mandate to the county doesn't add up for Erie County taxpayers," Legislator Edward J. Kuwik (D-Blasdell) said.

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