COLUMBIA, S.C. - Local governments would have the authority to ban smoking in public places under a bill that narrowly cleared the Senate Judiciary Committee Tuesday.

Existing state law doesn't let local governments regulate smoking, Sen. John Hawkins, R-Spartanburg, said.

"You all are repealing the right of private property here," said Senate Judiciary Committee Chairman Glenn McConnell, R-Charleston.

Business owners should be able to decide if their customers light up. "If you don't want to come in there because of smoke, then don't come in there," McConnell said.

"This thing about private property rights is a red herring," Hawkins said. Local governments should be able to tailor smoking regulations for their communities, he said.

The bill won a 10-9 vote, a close division that makes its future on the Senate floor far from certain.

McConnell says he will use a procedural move to try to kill the bill.