COLUMBIA - When House members return to work from spring break Tuesday, they will deal with a bill that could spark long debate and that already has the affected parties torn.

The bill seeks to ban smoking in restaurants, a measure that could never have gotten this far just a few years ago in one of the top tobacco-producing states.

The measure squeaked through a House subcommittee and then a full committee and is on the agenda for Tuesday. It will probably be put off until Wednesday or possibly Thursday for full debate.

"The restaurant industry is extremely divided on this issue, probably half and half," said Tom Sponseller, president of the S.C. Hospitality Association.

The association will not take a position on the issue, but will monitor it for fairness, he said.

The bill was introduced early in the session and went nowhere for a while, so its sudden passage in committees took many by surprise.

"Nobody thought it would go this far," Sponseller said.

"It was a surprise to everybody," said Rep. Thad Viers, R-Myrtle Beach.

"It's picked up steam pretty quickly this year," said Rep. Nelson Hardwick, R-Surfside Beach. More and more, he said, he hears from people who want smoking banned in restaurants.

Neither House member could guess the outcome of the debate, nor could Sponseller. But he said some House members he has spoken with see the issue as one of business rights, whether they approve of smoking or not.

'"I think it's absolutely ludicrous for the state government to become a nanny and tell people what they can and can't do in a private business," Viers said.

The businesses are private property and smoking is legal, said Viers, who does not smoke. He said he worries what will come next if this passes.

"I will do everything I can to kill it," Viers said.

Hardwick said he is willing to consider some restrictions to areas where bars or restaurants have separate air-handling equipment but is reluctant to approve a total ban.

"I'd rather leave it up the business community," Hardwick said.

As for fairness, Sponseller said one issue is an exemption for a "cigar bar." But that is not defined. That could mean anyone could change the name of a bar to a cigar bar and continue to allow smoking, he said.

Private clubs are also exempt without being defined.

"There's a lot of private clubs in this state that look like a restaurant and act like a restaurant," Sponseller said.

But still another aspect of the debate is that the bill is presented as a public health measure.

"If that's the case, the product should be banned everywhere," Sponseller said. "Just don't single out one type of business, that's not right."

He said the industry is moving in the direction of nonsmoking eateries on its own because of customer demand. Two major Greenville restaurants went smoke-free as did two in Charleston, and that is in addition to many of the chain restaurants that have quietly gone smoke-free in the past few years, he said.

"The guys that are most concerned about this legislation are the bars," Sponseller said. Smokers are thought to be less likely to have a few drinks if they can't smoke.

Although all bars are also restaurants under state law, the businesses that emphasize their bar sales often have a more limited menu and have a lower percentage of their income from food sales, so a loss in bar sales will hurt them more, Sponseller said.

Budget and taxes

Although the House was off, the Senate continued work on the state budget and on the property tax swap, with little resolution.

The Senate Finance Committee expected to finish its version of the budget last week and send it to members for study this week. They will debate it in the Senate the following week.