AUGUSTA – Senators gave their approval Wednesday to two bills dealing with smoking in private clubs. One makes it easier for clubs to allow smoking, and the other bars smoking outright in clubs with paid employees.

After a brief debate, senators gave initial approval of a measure that would correct what’s seen as a flaw in the year-old state law that regulates smoking in private clubs such as Elks and American Legion.

The current rules state that in order to allow smoking, a majority of a club’s members must vote ‘yes.’ Critics contend that’s unfair because even those who don’t return ballots are counted as ‘no’ votes.

The nonvoters may be inactive club members or those who couldn’t be tracked down, said Sen. Richard Rosen, R-Bucksport.

The bill that received Senate approval states that smoking would be allowed if a majority of all valid ballots cast by club members express approval. The legislation, which faces further Senate and House votes, is a step backward, Sen. Karl Turner said.

“The real issue is … it’s a matter of health,” said the Cumberland Republican. While losing one battle, Turner gained ground on another club smoking issue as senators voted in favor of a measure to outlaw smoking in all clubs with employees.

Fellow Republican Sen. Peter Mills of Cornville said the proposal would “level the playing field” by imposing the same smoking ban in clubs that is already in effect in private businesses like restaurants and bars.

Eleven of the 13 members of the Health and Human Services Committee balked at further broadening of the smoking ban and recommended that the bill be rejected. But the Senate overturned the committee recommendation by a 19-15 vote and approved the measure to snuff out smokes in clubs with employees.

The tally came as a surprise to the bill’s sponsor, Turner.

“I was expecting maybe a half-dozen votes,” he said.

Exactly how many clubs would be affected was not clear Wednesday, but supporters say Maine has 140-150 clubs with bars, and most, if not all, of them have employees.

The issue came up nearly a year after the Legislature took up a bill calling for an outright smoking ban in all workplaces, including private clubs that have paid staffs. As a compromise, the bill was amended so votes by a majority of all members of a club could allow smoking.