LANSING -- The stalemate over Michigan's proposed workplace, bar and restaurant smoking ban continued Wednesday.
The state House again passed a bill, by a 65-39 vote, that bans workplace smoking except at casinos, bingo halls, tobacco stores and horse racing tracks. It's at odds with a Senate-approved version that bans smoking inside all workplaces.
Northern Michigan lawmakers were divided over the proposal. Rep. David Palsrok, a Manistee Republican, voted for the bill as did Democratic Rep. Gary McDowell of Rudyard. Opposed were Rep. Howard Walker of Traverse City, Rep. Kevin Elsenheimer of Bellaire and Rep. Darwin Booher of Evart, all Republicans.
Walker said he wants to leave the no-smoking decision to individual restaurant owners. But he acknowledged there's strong public support for a smoking ban and said he would support one if it included exemptions for nonprofit groups, smoke shops and an "opt-out" option for businesses within close proximity to tribal casinos that wouldn't be affected by a state smoking ban.
"I'm still concerned tribal casinos would put some of our other businesses at an unfair disadvantage," Walker said. "They had a version that would have satisfied my concerns, but they didn't put it out for a vote."
There can't be a new smoking ban law until the Democrat-led House and Republican-led Senate come to agreement on what it covers.
But backers of the workplace smoking ban are hopeful some sort of agreement will be reached. The Michigan Campaign for Smokefree Air wants a version like the Senate's, including a complete ban.
"We have the momentum," said Emily Gerkin Palsrok, a spokeswoman for the campaign and the wife of Rep. Palsrok. "We have the tide swinging in our favor. But we're not happy with the exemptions."
Casinos are the key sticking point. Detroit casinos don't want a smoking ban to include them because they feel it would put them at a competitive disadvantage compared to tribal or out-of-state casinos not covered by the ban.
"The indications are there would be a real financial hit to the city and the casinos if we do this," said House Speaker Andy Dillon, a Democrat from Wayne County's Redford Township. "The exceptions that are included in this bill are pretty minor in the scope of things."
Dillon said there's momentum for the House version of the ban. Wednesday's margin of approval was higher than when the same legislation passed the House in December by a 56-46 vote.
Senate Majority Leader Mike Bishop, a Rochester Republican, said he will consider the latest House legislation. But he said he does not favor creating "smoking islands" at certain businesses while others are forced to ban smoking.
"Either you have a ban or you don't have a ban," Bishop said.
More than 30 states have adopted some type of a workplace smoking ban, although some exempt bars, restaurants and casinos.
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The smoking ban legislation is House Bill 5074 and House Bill 4163.
