Moved by:    Van Norman

"      Section 1. That chapter 7-18A be amended by adding thereto a NEW SECTION to read as follows:

Master Settlement Agreement as defined in §  10-50B-3. Any ordinance passed in violation of this section is void ab initio.

     Section 2. That chapter 9-19 be amended by adding thereto a NEW SECTION to read as follows:

     Section 3. That § 10-50-64 be amended to read as follows:

     10-50-64.   The Legislature is the exclusive regulator of all matters relating to the use of tobacco products. Nothing prohibits a person or a public entity from voluntarily regulating the use of tobacco products on the person's or entity's property.

     Section 4. That § 34-46-6 be amended to read as follows:

     34-46-6.   Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products. "

Linda Daugaard