AUGUSTA – After beating back an attempt to kill the measure, lawmakers in the Maine House Tuesday approved 88-44 a bill to ban smoking at all bingo games in the state except those run by the Penobscot Indian Nation.

Earlier this month, the House and Senate amended the original smoking ban bill, LD 227, to exempt the tribe’s high stakes bingo games, which are operated seven weekends per year.

The games generate more than half of the Penobscots’ general fund for community services.

Penobscot Tribal Rep. Donna Loring of Richmond said the tribe had conducted a study and determined it would suffer a financial loss if the games were included under the legislation.

Citing tribal sovereignty and economic issues as the basis for opposition, Loring said emergency services on Indian Island would all but disappear if the exclusion was not approved.

Additionally, she said 75 part-time jobs related to the games would also be lost along with some full-time jobs.

A majority of lawmakers in the House and Senate agreed to support the amended bill, but Rep. Robert A. Daigle, R-Arundel, insisted Tuesday that the smoking ban exemption should be extended to non-profit bingo games as well.

Daigle said the same economic arguments cited by the tribe could be applied to non-profit organizations that raise money for scholarships, food pantries, victims of natural catastrophes and other charitable efforts.

“I believe these are also very important financial needs,” Daigle said. “I think they’re equally as important as anything else for which we would be giving an exemption or special status to here in the House.”

Rep. Matthew Dunlap, D-Old Town, immediately rose to challenge Daigle’s amendment that he described as a practical attempt to kill the entire bill.

“Because no one would be left out of this amendment,” he said, adding that despite his personal objections to legislating smoking bans, he realized the “tide had turned” on that issue in the court of public opinion.

“Out of respect for this body, I think we should leave the bill as it stands,” he said.

Dunlap’s motion to kill Daigle’s amendment was approved by a 78-55 vote. The bill with the tribal exemption now moves to the Senate for a final vote before it is sent to the governor for his signature.

A spokesman said Tuesday that Gov. John E. Baldacci would sign it.