Concord – A proposed ban on smoking in restaurants and bars fell one vote short in the Senate this morning. It was killed by a 12-11 vote.

The bill had passed the House by 33 votes last month, and was the subject of one of the most intense lobbying efforts several senators could recall.

A poll that smoking ban supporters commissioned showed public support ran at 79 percent for the ban in House Bill 1177.

The issue was painted as one of public health, especially for restaurant workers who must breath second-hand smoke throughout their time on the job in businesses that allow smoking.

But senators who spoke against the ban said ownership of each restaurant should make the decision on its own.

“It is not the proper role of government to try and control competition between businesses,” said Sen. Chuck Morse, R-Salem, chairman of the Finance Committee that tied last week on whether the bill should pass.

Sen. Robert Odell, R-Lempster, co-sponsor of HB 1177, said that even with the state’s “Live Free or Die” motto, it is the duty of lawmakers to protect the public.

“Cancer is caused by second-hand smoke and people smoking. That’s a fundamental,” he said. “If the votes aren’t here today, I’ll make a prediction, that today is a simple step in march of history and this body will eventually do the right thing.”

Sen. Carl Johnson, R-Meredith, said lobbying on the bill crossed the line, saying he had been harassed at his home by telephone and with a massive flood of emails that he said were ghostwritten by lobbyists.

“This movement has done nothing to further its cause and . . . in my opinion (took) a giant step backwards,” he said.

Senators voting to kill the bill were Morse, Johnson, Senate President Ted Gatsas, R-Manchester; John Gallus, R-Berlin; Joseph Kenney, R-Wakefield; Robert Boyce, R-Alton; Robert Flanders, R-Antrim; Sheila Roberge, R-Bedford; Robert Clegg, R-Hudson; John Barnes, R-Raymond; Andre Martel, R-Manchester, and Robert Letourneau, R-Derry.