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. 1 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 1 relationship; and (ii) written permission signed by the parent or legal guardian 1 1 authorizing the performance of tattooing upon the minor. 1 (2) "Minor" means a person under the age of eighteen (18) years of 1 1 1 1 1 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 1 fine of not more than $1,000." 2 Section 3. Severability. If any provision of this Act or the application of any such 2 provision to any person or circumstance should be held invalid by a court of competent 2 jurisdiction, the remainder of this Act or the application of its provisions to persons or 2 circumstances other than those to which it is held invalid shall not be affected thereby. 2 Section 4. Savings Clause. This Act and any repealer contained herein shall not be 2 construed as affecting any existing right acquired under contract or acquired under statutes 2 repealed or under any rule, regulation or order adopted under the statutes. 2 contained in this Act shall not affect any proceeding instituted under or pursuant to prior 2 law. The enactment of this Act shall not have the effect of terminating, or in any way Page 2 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: Page 3
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