House, Senate OK smoking ban bills

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ANNAPOLIS — Both chambers of the General Assembly have now passed a statewide smoking ban in bars and restaurants and only a few differences stand in the path of final passage.

The Senate passed Senate Bill 91 Monday by a 33-to-13 vote with no debate. The House passed its version of the bill, House Bill 359, on Saturday. A conference committee will hash out the differences.

The Senate bill includes an exemption from the ban for private clubs, such as American Legion and VFW posts. The House version does not include the exemption.

Both bills allow waivers for establishments that can prove the smoking ban would cause economic hardship, a provision that was also included in a smoking ban approved last month by the Baltimore City Council.

The House bill leaves it up to the state Department of Health and Mental Hygiene to create the regulations for granting the waivers, while the Senate version allows each county health commissioner to determine how to grant them.

Enactment of a statewide smoking ban ends a four-year battle between advocates arguing that the state should protect restaurant and bar workers from the dangers of second-hand smoke, and opponents warning that the ban would harm small businesses. In addition to Baltimore City, four counties have approved local smoking bans.

Baltimore City’s passage of the ban was widely seen as the tipping point for convincing lawmakers to pass a statewide measure. After the city’s approval, Gov. Martin O’Malley voiced his support for the statewide ban.

Proponents of the ban hope the strongest possible bill comes out of the conference committee.

“We want the best of both bills,” said Bonita Pennino, government relations director for the American Cancer Society. “We would prefer a bill with no waivers and no exemptions.”