Md. Lawmakers Agree to Statewide Smoking Ban

ANNAPOLIS, Md. (AP) - Maryland lawmakers struck an agreement Friday on a statewide smoking ban that includes bars, restaurants and private clubs.

State lawmakers have tentatively agreed to a ban that does not exempt nonprofit private clubs such as veterans' groups, an exemption that an earlier version of the bill included.

After formal agreement by the House, expected Monday, the bill heads to Gov. Martin O'Malley, who plans to sign it into law. The ban takes effect in February.

"The governor feels that the public health data is conclusive, and this legislation will significantly improve the health of Marylanders," said O'Malley spokesman Rick Abbruzzese.

The final compromise allows bars to seek three-year "hardship exemptions" if they can prove their businesses are hurt by a smoking ban. Details of how those exemptions work would be set later by state health officials. Even those businesses would have to snuff out smoking by 2011.

When the ban takes effect, Maryland will join Delaware and Washington, D.C., with statewide smoking bans.

"The overriding concern was public health, and public health prevailed," said Delegate Dereck Davis, D-Prince George's, one of six smoking ban negotiators who brokered the deal.

The House and Senate both signed off on statewide bans weeks ago, but slight differences in the bills required Friday's negotiations. The biggest sticking point was the private club exemptions. Senators had exempted private clubs such as the American Legion. The House version did not exempt those clubs.

The final version cuts out the club exemption. In earlier debates, lawmakers who own restaurants argued that such an exemption would unfairly boost business at such clubs at the expense of nearby bars and bowling alleys that wouldn't be able to allow indoor smoking.

"Basically every establishment - whether it's a private club, bar, restaurant - the ban would apply to all," said Sen. Rob Garagiola, D-Montgomery, another of the smoking negotiators.

A Republican who originally suggested the private club exemption was disheartened it was removed. Sen. George Edwards of western Maryland ultimately voted against the ban. A Legionnaire himself, he said veterans' clubs should not have to abide by the ban.

"These people put their lives on the line for this country, and a lot of them are older," Edwards said.

The House and Senate compromised on another small difference, the agency to assign hardship waivers. The final bill will direct state health officials to set exemption waivers, but county health officials will give out the waivers. Tobacco shops would be exempt, as would scientific labs studying the effects of tobacco use.

The smoking ban will not affect outdoor areas of bars and restaurants. Violators could be fined, but bar owners could avoid fines if they take attempts to prevent patrons from lighting up, such as removing ashtrays or posting no-smoking signs.

The Senate signed off on the compromise 31-16 Friday, though one more procedural vote must be taken in the House Monday before the bill heads to the governor's desk.

Kari Appler, director of Smoke Free Maryland, urged hasty approval of the bill.

"It needs to pass," she said. "The people of Maryland want it, and the workers deserve it."

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On the Net:

Senate Bill 91: http://mlis.state.md.us/2007rs/billfile/SB0091.htm

(Copyright 2007 by The Associated Press. All Rights Reserved.)