Public Law 19-38

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Ralph DLG. Torres
Victor B. Hocog
Governor
Lieutenant Governor
FEB 2 5 2016
Honorable Arnold I. Palacios
Acting Senate President, The Senate
Nineteenth Northern Marianas
Commonwealth Legislature
Saipan, MP 96950
Honorable Rafael S. Demapan
Speaker, House of Representatives
Nineteenth Northern Marianas
Commonwealth Legislature
Saipan, MP 96950
Dear Mr. Acting President and Mr. Speaker:
This is to inform you that I have signed into law Senate Bill No. 19-25, HD2, entitled, "To
prohibit tattooing of minors without the written consent of the parent or legal guardian; 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. 19-38. Copies bearing my signature are forwarded for your
reference.
Sincerely,
cc: Governor; Lt. Governor; Attorney General's Office; Public Auditor; Special Assistant for
Administration; Special Assistant for Programs and Legislative Review
Caller Box 10007 Saipan, MP 96950 Telephone: (670) 237-2200 Facsimile: (670) 664-221112311
Public Law No. 19-38
THE SENATE
Nineteenth Northern Marianas Commonwealth Legislature
P. O. Box 500129
Saipan, MP 96950
February 01, 2016
The Honorable Ralph DLG. Torres
Governor
Commonwealth of the Northern Mariana Islands
Capital Hill
Saipan, MP 96950
Dear Governor Torres:
I have the honor of transmitting herewith for your action Senate Bill No. 19-25, HD2,
entitled: "To prohibit tattooing of minors without the written consent of the parent or
legal guardian; and for other purposes," which was passed by the Senate and the House of
Representatives of the Nineteenth Northern Marianas Commonwealth Legislature.
Sincerely,
~~J:-~es
Senate Clerk
Attachments
Public Law No. 19-38
THE SENATE
NINETEENTH NORTHERN MItlUItNItS coMlloN1iEALm LE61SUtTURE
SENltT£. BILLNO. 19-!5, HD!
AN ACT
To prohibit tattooing of minors without the written consent of the parent or
legal guardian; and for other purposes.
Offered by Senator(s): Teresita A. Santos
Date: March 05, 2015
Referred to: Judiciary, Government and Law
Standing Committee Report No.: 19-14 adopted on 03/26/15
Final Reading: January 27,2016
Referred to: Committee on Judiciary and Governmental Operations
,
Standing Committee Report No.: 19-57 adopted on 12/16115
First and Final Reading: December 17, 2015
Public Law No. 19-38
THE SENATE
NINETEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
FIRST REGULAR SESSION, 2015
S. B. NO. 19-25. HD2
AN ACT
To prohibit tattooing of minors without the written consent of the
parent or legal guardian; and for other purposes.
BE IT ENACTED BY THE NINETEENTH NORTHERN MARIANAS
COMMONWEALTH LEGISLATURE:
Section 1. Findings and Purpose. The Commonwealth Legislature finds that
tattooing is a form of art that is used as a way for an individual to artistically express
themselves; however, minors under the age of eighteen (18) may not be mature enough to
make such a decision. Moreover, minors may be left with permanent scars on their bodies
and potentially be exposed to infectious diseases if tattooed.
The Commonwealth Legislature also finds that it is highly inappropriate for any
person under the age of eighteen to be covered in tattoos. A minor's future career may also
be affected by tattoos if they plan to join the U.S. Military. According to Army Regulation
670-1, which details grooming and appearance standards for all soldiers while in uniform,
new recruits cannot have more than four tattoos below the elbow or knee. Tattoos are also
prohibited on the neck, face, head, hands, wrists and fingers. Ear gauges are also prohibited.
Individual tattoos must be smaller than the recruit's hand. Individual tattoos that are
clustered together to appear as one large tattoo are also prohibited.
Accordingly, the purpose of this Act is prohibit any person under the age of eighteen
from receiving a tattoo without the presence and written consent the parent or legal
guardian.
Section 2.
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Amendment.
Title 6, Division 3, Chapter 1, Article 1 of the
Commonwealth Code is hereby amended by adding a new section 3116 to read as follows:
Public Law No. 19-38
SENATE BILL NO. 19-25. HD2
"§ 3116. Unlawful Tattooing of Minors.
(a) A person commits the offense of unlawful tattooing of a minor if the
person performs or offers to perform a tattooing upon a minor without receiving the
consent of the minor's parent or legal guardian; and
(b) For purposes of this section, the following terms shall mean:
(1) "Consent of a minor's parent or legal guardian" means the
presence of a parent or legal guardian during the performance of tattooing
upon the minor after the parent or legal guardian has provided:
(i) reasonable proof of personal identity and familial
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relationship; and
(ii) written permission signed by the parent or legal guardian
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authorizing the performance of tattooing upon the minor.
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(2) "Minor" means a person under the age of eighteen (18) years of
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age.
(3) "Tattoo" means to fix an indelible mark or figure upon the body
by inserting a pigment under the skin or by producing scars.
(4) "Legal Guardian" pursuant to 8 CMC §1421.
(c) A person convicted of unlawfully tattooing a minor may be punished by a
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fine of not more than $1,000."
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Section 3. Severability. If any provision of this Act or the application of any such
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provision to any person or circumstance should be held invalid by a court of competent
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jurisdiction, the remainder of this Act or the application of its provisions to persons or
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circumstances other than those to which it is held invalid shall not be affected thereby.
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Section 4. Savings Clause. This Act and any repealer contained herein shall not be
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construed as affecting any existing right acquired under contract or acquired under statutes
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repealed or under any rule, regulation or order adopted under the statutes.
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contained in this Act shall not affect any proceeding instituted under or pursuant to prior
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law. The enactment of this Act shall not have the effect of terminating, or in any way
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Repealers
Public Law No. 19-38
SENATE BILL NO. 19-25, HD2
Section 5. Effective Date. This Act shall take effect upon its approval by the
Governor or upon its becoming law without such approval.
CERTIFIED BY:
~STEDBY:
TERESITA A. SANTOS
SENATE LEGISLATIVE SECRETARY
CO M. BORJA
vernor
Commonwealth of the Northern Mariana Islands
Act:
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