Clean Indoor Air
The title that has historically been given to statewide laws regulating smoking in workplaces and public places. As both state and local laws have evolved into comprehensive, 100% smokefree coverage, new laws are generally entitled “smokefree.” The term smokefree air has become more commonly used because the stronger laws no longer provide for smoking sections or size exemptions, and may contain provisions restricting smoking outside; e.g. nonsmoking buffer zones surrounding entrances, outdoor patios, outdoor stadiums, etc.
Guidance or guidelines
Informal enforcement protocols or instructions developed by an agency to add greater detail to statutory language. Even if a state or local agency lacks formal rulemaking authority, the agency normally has the authority to develop internal policies or procedures, including forms and protocols for sharing data between agencies.
Hearing officer
An official appointed by a health department or other agency to conduct an administrative hearing so that the agency can gather public input and exercise its rulemaking authority. A hearing officer may be either an agency employee or a contractor.
Law
A local, state or national system of formal rules governing the conduct of individuals and businesses, in response to the need for regularity, consistency and justice. The term “law” includes statutes adopted by a legislative body, court decisions, and regulations.
Municipality
A unit of local government, such as a city, county, town, or other authority, incorporated for local self-government.
Ordinance
A statute adopted by a city, county or other agency of local government.
Preemption
A legislative action by which higher levels of government (state or federal) strip lower levels of government of their control and regulatory authority over a specific subject matter. State preemption of local smoking ordinances has been a high priority of the tobacco industry for more than twenty years, as a powerful deterrent against stronger local smokefree laws.
Public hearing
A hearing convened as part of the rulemaking process. As with other aspects of rulemaking, each state or municipality (or Federal agency) has its own specific requirements for planning, publicizing, and conducting a hearing.
Publication or Notice
Formal rulemaking requires opportunities for public participation. To achieve this, the rulemaking process mandates publication of proposed rules and notice of opportunities for the public to become involved in the process. This is usually achieved through publication in the official Register, and in some cases specific “newspapers of record” in a given state of community.
Regulation
An agency statement of general applicability that implements or interprets a statute or other law, adds detail, or creates a procedure. Regulations are normally adopted through a formal rulemaking process that allows for oversight and public input.
Rulemaking
The process by which formal rules or regulations are considered and adopted.
Rulemaking authority
An agency of government may adopt regulations only if the legislature has given it the authority to do so. Rulemaking authority may be granted in a specific piece of legislation, such as a statewide smokefree law, or may be granted generally to the health department or other agencies.
Smokefree
Smokefree workplace laws are defined by Americans for Nonsmokers’ Rights as those that do not allow smoking in separately ventilated rooms, do not have size exemptions, and include all public and private workplaces. Smokefree restaurant laws are those that do not allow separately ventilated smoking rooms, do not contain size exemptions, and include all attached bars. Smokefree bar laws are defined as those that do not allow separately ventilated smoking rooms or include size exemptions.
Statute
A written law adopted by the act of a legislative body. Statutes are enacted to proscribe conduct, define crimes, create lower units of government, delegate rulemaking authority, preempt action by lower units of government, and in general promote the public good.
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