AUGUSTA – The tribal representative for the Penobscot Indian Nation convinced members of the House on Monday to reverse an earlier vote, setting the stage for the possible derailment of a bill banning smoking at bingo games.

On May 1, the House gave initial approval to a proposal to prohibit smoking at all bingo games in the state. But as the measure was heading toward final enactment Monday, the lawmakers voted 74-55 to exempt the tribe’s high-stakes bingo games.

Last week, the Maine Senate voted 19-14 in favor of the original bill and against a similar amendment offered by Sen. Mary Cathcart, D-Orono, to exempt the tribe’s games.

Both houses of the Legislature now must try to resolve their differences over LD 227 if the bill is going to become law.

“And I wouldn’t dare guess how that’s going to come out,” said tribal Rep. Donna Loring, who argued that the exemption issue pivoted more on tribal sovereignty and economics than a desire to promote smoking.

Loring now has two ways to win. The Senate could reconsider its action and side with the amended House version of the bill. The Senate also could stand firm on its own version. If the Senate stands pat and the House also refuses to reconsider, the bill then would die between the houses unless a compromise is struck.

The tribe’s high-stakes games, held seven weekends per year, generate more than half of the Penobscots’ general fund for community services. Loring said the tribe had conducted a study to determine the financial loss that would result from a smoking ban at the high-stakes games and concluded that emergency services on Indian Island would all but disappear if the bill as formerly written were to become law. Additionally, she said 75 part-time jobs related to the games would be lost, along with some full-time jobs.

Many lawmakers feel strongly about smoking, which has been linked to increased health costs and worker absenteeism, and about the potential dangers to employees subjected to secondhand cigarette smoke inhalation. Others objected to the notion that the Legislature should be making laws that do not apply to all Maine residents.

“If we feel the need to protect the people of the state of Maine from themselves regarding smoking and health, then why don’t we have the need to protect the Native Americans of this state?” asked Rep. Julie O’Brien, R-Augusta. “I see a flashing neon sign and it says: ‘Hypocritical.'”

Loring’s arguments were bolstered by Rep. Matt Dunlap, D-Old Town, who pointed out that the handful of games sponsored by the tribe through a 1992 act of the Legislature attracted a loyal following of smoking participants, many of whom dine, shop and rent motel rooms in Greater Bangor.

“These people can make a choice, and they’re going to go where they feel most at ease and most comfortable,” he said. “The smoking issue could very well help them make their decision to not come to the Penobscot high-stakes bingo which could pose a significant downward turn in their revenues.”

The bill now moves onto the Senate’s daily calendar and will be scheduled for further action at the discretion of the Senate president.