11 FEB 2016 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Victor B. Hocog Lieutenant Governor. Ralph DLG. Torres Governor

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1 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Ralph DLG. Torres Governor Victor B. Hocog Lieutenant Governor Honorable Francisco M. Borja Senate President, The Senate Nineteenth Northern Marianas Commonwealth Legislature 11 FEB 2016 Honorable Rafael S. Demapan Speaker, House of Representatives Nineteenth Northern Marianas Commonwealth Legislature Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law Senate Bill No , SS 1, entitled, "To amend 6 CMC 3171 to define and prohibit electronic cigarettes where smoking is prohibited and to regulate electronic cigarettes by including it in the Tobacco Control and to prohibit minors who are under the age of 18 from using it; and for other purposes", which was passed by the Senate and the House of Representatives of the Nineteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No Copies bearing my signature are forwarded for your reference. s cc: Lt. Governor; Attorney General's Office; Commonwealth Cancer Association; Public Auditor; Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box Telephone: (670) Facsimile: (670) /2311

2 THE SENATE Nineteenth Northern Marianas Commonwealth Legislature P. 0. Box Public Law No January 08, 2016 The Honorable Ralph DLG. Torres Governor Commonwealth of the Northern Mariana Islands Capital Hill Dear Governor Torres: I have the honor of transmitting herewith Senate Bill No , SSl, entitled: "To amend 6 CMC 3171 to define and prohibit electronic cigarettes where smoking is prohibited and to regulate electronic cigarettes by including it in the Tobacco Control and to prohibit minors who are under the age of 18 from using it; and for other purposes," which was passed by the Senate and the House of Representatives of the Nineteenth Northern Marianas Commonwealth Legislature. <2;Be~~+ Senate Clerk Attachments

3 THE.SENATE NIRETEENTll NORTHERN llltluanas COIBIONW'EALTH LE6ISLA.TUR SEN.It.TE BILL.NO. t 9-IS. SSt.AN It.CT To amend 6 CMC 3171 to define and prohibit electronic cigarettes where smoking is prohibited and to regulate electronic cigarettes by including it in the Tobacco Control and to prohibit minors who are under the age of 18 from using it; and for other purposes. Offered by Senator(s): Teresita A. Santos Date: March 04, 2015 Referred to: Judiciary, Government and Law Standing Committee Report No.: adopted on 05/1/15 Final Reading: May 01, 2015 Referred to: Committee on Health, Education and Welfare Standing Committee Report No.: adopted on 12/16/15 First and Final Reading: December 1 7, 2015

4 NINETEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 2015 S. B. NO , SSl AN ACT To amend 6 CMC 3171 to define and prohibit electronic cigarettes where smoking is prohibited and to regulate electronic cigarettes by including it in the Tobacco Control and to prohibit minors who are under the age of 18 from using it; and for other purposes. BE IT ENACTED BY THE NINETEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Findings and Purpose. The Commonwealth Legislature finds that electronic cigarettes are becoming popular all over the world. Findings show more cigarette smokers are now converting and enjoying the use of an electronic cigarette because of its various flavors or vapors. The Commonwealth Legislature, however, finds that electronic cigarettes have triggered a fierce debate among health experts who share the same goal of reducing the disease and death caused by tobacco, but disagree about whether electronic 7 cigarettes make the problem better or worse. In addition, opponents of electronic cigarettes 8 also say that because nicotine is addictive and electronic cigarettes may contain vapors with 9 nicotine contents, it could be considered a "gateway drug," leading nonsmokers and kids to 10 use tobacco. 11 Despite the fierce debate surrounding electronic cigarettes, the American Lung 12 Association, the American Heart Association and the American Cancer Association support 13 regulating electronic cigarettes. According to the 2015 American Nonsmokers' Rights 14 Foundation, there are a total of 3 States restricting electronic cigarette use in 100% Smoke 15 Free Venues; a total of 18 States restricting electronic cigarette use in Other Venues; a total

5 SENATE BILL NO , SSl of 354 Counties restricting electronic cigarette use in 100% Smoke Free Venues; and a total of 186 Counties restricting E-cigarette use in Other Venues. The Commonwealth Legislature further finds that due to the lack of research on the overall health effects associated with the use of electronic cigarettes and the potential harm electronic cigarettes may pose to the non-smoking community and to children, it is necessary to prohibit and regulate electronic cigarettes until further studies are conducted. Therefore, the purpose of this Act is to prohibit electronic cigarettes where smoking is prohibited, to regulate electronic cigarettes by including it in the Tobacco Control and to keep it off of the hands of minors who are under the age of Section 2. Amendment. 6 CMC (p) is hereby amended to read as follows: 1 "(p) "Smoking" means inhaling, exhaling, burning, or carrying any lighted 1 cigar, cigarette, electronic cigarette, pipe, weed, plant, or other combustible 1 substance in any manner or in any form." 1 Section 3. Amendment. 6 CMC 3171 is hereby amended by adding a new 1 subsection (r) to read as follows: 1 "(r) "Electronic Nicotine Delivery System or Electronic cigarette" is a 1 battery-powered electronic device and like products, containing nicotine-based 1 liquid that is vaporized and inhaled, used to stimulate the experience of smoking 1 tobacco. This terms shall include any such devices whether they are manufactured as e-cigarettes, e-cigars, or under any other product." Section 4. Amendment. 4 CMC 5013 l(a) is hereby amended to read as follows: "(a) "Tobacco Products" Defined For purposes of this chapter "tobacco products" shall mean any tobacco preparation, including but not limited to, chewing tobacco, cigars, cigarettes, any cigarette products, electronic nicotine delivery systems or electronic cigarettes. or snuff." Section 5. Amendment. 6 CMC 3110( e) is hereby amended to read as follows: "(e) For purposes of this section "tobacco products" shall mean any tobacco preparation, including but not limited to, chewing tobacco, cigars, cigarettes, any cigarette products, electronic nicotine delivery systems or electronic Page 2

6 SENATE BILL N , SSl cigarettes, or snuff." Section 6. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 7. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation, or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior 1 law. The enactment of the Act shall not have the effect of terminating, or in any way 11 modifying, any liability, civil or criminal, which shall already be in existence on the date 1 this Act becomes effective. 1 Section 8. Effective Date. This Act shall take effect upon its approval by the 1 Governor or becoming law without such approval. CERTIFIED BY: TERESITA A. SANTOS SENATE LEGISLATIVE SECRETARY or Commonwealth of the Northern Mariana Islands Page 3