North Carolina 2025-2026 Regular Session

North Carolina House Bill H561 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 561
3+H D
4+HOUSE BILL DRH10003-MGa-13
5+
56
67
78 Short Title: 2025 Youth End Nicotine Dependence Act. (Public)
8-Sponsors: Representatives Cervania, White, and Lambeth (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Appropriations, if favorable, Rules, Calendar, and Operations of the House
11-March 31, 2025
12-*H561 -v-1*
9+Sponsors: Representative Cervania.
10+Referred to:
11+
12+*DRH10003 -MGa-13*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT ENACTING THE "YOUTH END NICOTINE DEPENDENCE ACT" TO 2
1515 ESTABLISH A TOBACCO USE PREVENTION FUND WITHIN THE DEPARTMENT 3
1616 OF HEALTH AND HUMAN SERVICES SUPPORTED BY ANNUAL 4
1717 APPROPRIATIONS FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT . 5
1818 Whereas, in North Carolina, the use of electronic cigarettes among high school 6
1919 students rose one thousand one hundred twenty-nine percent (1,129%) between 2011 and 2019; 7
2020 and 8
2121 Whereas, in North Carolina, twenty-seven and three-tenths percent (27.3%) of youth 9
2222 in high school and ten and four-tenths percent (10.4%) of youth in middle school used tobacco 10
2323 products in 2019; and 11
2424 Whereas, electronic cigarettes are tobacco products under North Carolina law; and 12
2525 Whereas, youth are becoming addicted to electronic cigarettes at an alarming rate and 13
2626 are finding it difficult to quit; and 14
2727 Whereas, the United States Surgeon General has reported that use of products 15
2828 containing nicotine in any form among young people is unsafe, secondhand electronic cigarette 16
2929 aerosol that is exhaled into the air by users is not harmless, and states must take action to prevent 17
3030 harm rather than waiting for harm to occur; and 18
3131 Whereas, evidence shows that funding to create state and community interventions 19
3232 that encourage individuals to avoid tobacco use and help perpetuate social norms that discourage 20
3333 tobacco use are some of the most effective ways to prevent tobacco use and tobacco-related 21
3434 chronic disease and death among youth; and 22
3535 Whereas, North Carolina receives approximately one hundred forty million dollars 23
3636 ($140,000,000) every year from the Tobacco Master Settlement Agreement, which was intended 24
3737 to be used for tobacco use prevention programs; and 25
3838 Whereas, by spending a fraction of the Tobacco Master Settlement Agreement funds 26
3939 on prevention, North Carolina can save on future medical costs caused by tobacco-related 27
4040 illnesses and prevent thousands of youth from becoming daily tobacco users; and 28
4141 Whereas, the General Assembly finds that an investment of seventeen million dollars 29
4242 ($17,000,000) per year in tobacco use prevention programs is required to prevent youth electronic 30
4343 cigarette nicotine dependence in North Carolina; Now, therefore, 31
4444 The General Assembly of North Carolina enacts: 32
4545 SECTION 1. This act shall be known and may be cited as the "Youth End Nicotine 33
4646 Dependence Act." 34
47-SECTION 2. G.S. 143C-9-3(a1) reads as rewritten: 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 561-First Edition
47+SECTION 2. G.S. 143C-9-3(a1) reads as rewritten: 35
48+H.B. 561
49+Mar 27, 2025
50+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
51+Page 2 DRH10003-MGa-13
4952 "(a1) Each year, the following amounts are appropriated from the Settlement Reserve Fund: 1
5053 (i) the sum of twenty-five million dollars ($25,000,000) from the Settlement Reserve Fund is 2
5154 appropriated to The Golden L.E.A.F. (Long-Term Economic Advancement Foundation), Inc., a 3
5255 nonprofit corporation, and these corporation and (ii) the sum of seventeen million dollars 4
5356 ($17,000,000) to the Tobacco Use Prevention Fund established under G.S. 143C-9-3.1. The 5
5457 funds shall appropriated to The Golden L.E.A.F., Inc., are not be subject to G.S. 143C-6-23. The 6
5558 remainder of the funds credited to the Settlement Reserve Fund each fiscal year shall be 7
5659 transferred to the General Fund and included in General Fund availability as nontax revenue." 8
5760 SECTION 3. Article 9 of Chapter 143C of the General Statutes is amended by adding 9
5861 a new section to read: 10
5962 "§ 143C-9-3.1. Tobacco Use Prevention Fund. 11
6063 (a) Definitions. – The following definitions apply in this section: 12
6164 (1) Department. – The Department of Health and Human Services. 13
6265 (2) Fund. – The Tobacco Use Prevention Fund established under subsection (b) 14
6366 of this section. 15
6467 (b) Establishment and Purpose. – The Tobacco Use Prevention Fund is established as an 16
6568 interest-bearing special fund in the Department of Health and Human Services, Division of Public 17
6669 Health, Chronic Disease and Injury Section. The purpose of the Fund is to prevent the use of new 18
6770 and emerging tobacco products, including electronic cigarettes, especially among youth and 19
6871 people of childbearing age. The Fund shall consist of the amounts appropriated to the Fund from 20
6972 the Settlement Reserve Fund pursuant to G.S. 143C-9-3(a1). Any balance remaining in the Fund 21
7073 at the end of any fiscal year is carried forward in the Fund for the next succeeding fiscal year for 22
7174 the purposes set forth in this section. 23
7275 (c) Use of Moneys. – The Department is prohibited from expending moneys in the Fund 24
7376 for any purposes other than the administrative purposes authorized by subsection (d) of this 25
7477 section and the following: 26
7578 (1) To fund local health departments through a regional infrastructure to provide 27
7679 community-based education and training of youth leaders, schools, and local 28
7780 agencies regarding Centers for Disease Control and Prevention 29
7881 evidence-based tobacco use prevention and cessation interventions, including 30
7982 interventions addressing e-cigarettes. 31
8083 (2) To fund evidence-based media and education campaigns on the health risks 32
8184 of tobacco use, including e-cigarettes. 33
8285 (3) To increase military readiness of members in active military service in North 34
8386 Carolina, including members of the North Carolina National Guard and 35
8487 military reserve components, through tobacco use prevention and cessation 36
8588 policy, systems, and environmental change. 37
8689 (4) To provide grants to community colleges to support a healthy, tobacco-free 38
8790 campus. 39
8891 (5) To track tobacco use and exposure, including exposure to e-cigarettes and 40
8992 emerging tobacco products, among young people and populations most at risk 41
9093 for tobacco use. 42
9194 (6) To provide technical assistance and oversight of regional tobacco use 43
9295 prevention programs. 44
9396 (7) To conduct an independent evaluation of the reach and effectiveness of the 45
9497 State's tobacco use prevention programs. 46
9598 (d) Fund Administration. – The Department shall exercise administrative control over the 47
9699 Fund and may use up to ten percent (10%) of the amount appropriated to the Fund each fiscal 48
97100 year from the Settlement Reserve Fund for administrative purposes. The Department shall 49
98101 develop guidelines for administering the Fund that are consistent with this section. 50 General Assembly Of North Carolina Session 2025
99-House Bill 561-First Edition Page 3
102+DRH10003-MGa-13 Page 3
100103 (e) Annual Report. – Annually on March 1, the Department of Health and Human 1
101104 Services shall report to the Joint Legislative Oversight Committee on Health and Human Services 2
102105 and the Fiscal Research Division on the expenditures made from the Fund during the preceding 3
103106 fiscal year. The report shall identify each expenditure by recipient and purpose and shall indicate 4
104107 the authority under this section for the expenditure." 5
105108 SECTION 4. This act becomes effective July 1, 2025. 6