July 31, 2015

New England, ND
Honorable Wayne Stenehjem
Attorney General
State Capitol
600 East Boulevard Avenue
Bismarck, ND 58505
Dear Mr. Stenehjem,
Greetings! I am writing to you as a member of the Legislative Assembly to request
your opinion about what I consider to be an overreach of government by Ms. Jeanne
Prom, Executive Director, North Dakota Center for Tobacco Prevention and Control
Policy.
Measure 3, effective December 4, of 2008, which created North Dakota Century
Code Chapter 23-42, does not mention the words "vaping" or "e-cigarettes" but Ms.
Prom has decided that smoking cigarettes and vaping are fundamentally the same.
Money from the tobacco settlement is being spent by the North Dakota Center for
Tobacco Prevention and Control Policy to discourage the use of e-cigarettes in the form
of literature, verbal communication, and advertising. I am concerned this activity
constitutes the use of state dollars for a purpose that has not been approved by the
Legislative Assembly.
Therefore, I am requesting an opinion from you regarding whether this activity is legal
and whether Ms. Prom has the authority to discourage use of non-tobacco products that
she considers to be harmful such as e-cigarettes. Thank you for your assistance in this
matter.
Yours truly,

Mike Schatz
State Representative