North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S533 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 533
	3	+	S D
	4	+	SENATE BILL DRS15181-MGfa-91
	5	+
5	6
6	7
7	8		Short Title: Vaping & Gambling Addiction Prev. Strategies. (Public)
8	9		Sponsors: Senator Burgin (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S533 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15181 -MGfa-91
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT RAISING THE MINIMUM AGE TO ACCESS TOBACCO PRODUCTS, 2
14	15		INCLUDING SMART VAPES AND OTHER VAPOR PRODUCTS; BROADENING THE 3
15	16		REQUIRED VAPOR PRODUCTS LICENSE REQUIREMENT; AND PROVIDING 4
16	17		FUNDING FOR GAMBLING ADDICTION EDUCATION AND TREATMENT 5
17	18		PROGRAMS THROUGH GAMING REVENUES COLLECTED BY THE LOTTERY 6
18	19		COMMISSION. 7
19	20		The General Assembly of North Carolina enacts: 8
20	21		9
21	22		PART I. REVISIONS TO RAISE THE MINIMUM AGE TO ACCESS TOBACCO 10
22	23		PRODUCTS, INCLUDING SMART VAPES AND OTHER VAPOR PRODUCTS 11
23	24		SECTION 1.1.(a) G.S. 14-313 reads as rewritten: 12
24	25		"§ 14-313. Youth access to tobacco products, alternative nicotine products, vapor products, 13
25	26		and cigarette wrapping papers. 14
26	27		(a) Definitions. – The following definitions apply in this section: 15
27	28		… 16
28	29		(2) Proof of age. – A drivers license or other photographic identification that 17
29	30		includes the bearer's date of birth that purports to establish that the person is 18
30	31		18 21 years of age or older. 19
31	32		… 20
32	33		(5) Vapor product. – Any noncombustible product that employs a mechanical 21
33	34		heating element, battery, or electronic circuit regardless of shape or size and 22
34	35		that can be used to heat a consumable product. The term includes an electronic 23
35	36		cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term 24
36	37		also includes smart vapes and related products that are vapor products that 25
37	38		have designs and functionalities that resemble smart technology, including 26
38	39		phones and gaming devices. The term does not include any product regulated 27
39	40		by the United States Food and Drug Administration under Chapter V of the 28
40	41		federal Food, Drug, and Cosmetic Act. 29
41	42		… 30
42	43		(b) Sale or Distribution to Persons Under the Age of 18 21 Years. – If any person shall 31
43	44		distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette 32
44	45		wrapping papers to any person under the age of 18 21 years, or if any person shall purchase 33
45	46		tobacco products or cigarette wrapping papers on behalf of a person under the age of 18 21 years, 34
46	47		the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be 35
47		-	unlawful to distribute tobacco products or cigarette wrapping papers to an employee when 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 533-First Edition
	48	+	unlawful to distribute tobacco products or cigarette wrapping papers to an employee when 36
	49	+	FILED SENATE
	50	+	Mar 25, 2025
	51	+	S.B. 533
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15181-MGfa-91
49	54		required in the performance of the employee's duties. Retail distributors of tobacco products shall 1
50	55		prominently display near the point of sale a sign in letters at least five-eighths of an inch high 2
51	56		which states the following: 3
52	57		N.C. LAW STRICTLY PROHIBITS 4
53	58		THE PURCHASE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 5
54	59		VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS 6
55	60		BY PERSONS UNDER THE AGE OF 18.21. 7
56	61		PROOF OF AGE REQUIRED. 8
57	62		Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars 9
58	63		($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense. 10
59	64		A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand 11
60	65		proof of age from a prospective purchaser if the person has reasonable grounds to believe that 12
61	66		the prospective purchaser is under 18 21 years of age. Failure to demand proof of age as required 13
62	67		by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 21 14
63	68		years of age. Retail distributors of tobacco products or cigarette wrapping papers shall train their 15
64	69		sales employees in the requirements of this law. Proof of any of the following shall be a defense 16
65	70		to any action brought under this subsection: 17
66	71		(1) The defendant demanded, was shown, and reasonably relied upon proof of age 18
67	72		in the case of a retailer, or any other documentary or written evidence of age 19
68	73		in the case of a nonretailer. 20
69	74		(2) The defendant relied on the electronic system established and operated by the 21
70	75		Division of Motor Vehicles pursuant to G.S. 20-37.02. 22
71	76		(3) The defendant relied on a biometric identification system that demonstrated 23
72	77		(i) the purchaser's age to be at least the required age for the purchase and (ii) 24
73	78		the purchaser had previously registered with the seller or seller's agent a 25
74	79		drivers license, a special identification card issued under G.S. 20-37.7, a 26
75	80		military identification card, or a passport showing the purchaser's date of birth 27
76	81		and bearing a physical description of the person named on the card. 28
77	82		(b1) Distribution of Tobacco Products. – Tobacco products shall not be distributed in 29
78	83		vending machines; provided, however, vending machines distributing tobacco products are 30
79	84		permitted (i) in any establishment which is open only to persons 18 21 years of age and older; or 31
80	85		(ii) in any establishment if the vending machine is under the continuous control of the owner or 32
81	86		licensee of the premises or an employee thereof and can be operated only upon activation by the 33
82	87		owner, licensee, or employee prior to each purchase and the vending machine is not accessible 34
83	88		to the public when the establishment is closed. The owner, licensee, or employee shall demand 35
84	89		proof of age from a prospective purchaser if the person has reasonable grounds to believe that 36
85	90		the prospective purchaser is under 18 21 years of age. Failure to demand proof of age as required 37
86	91		by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 21 38
87	92		years of age. Proof that the defendant demanded, was shown, and reasonably relied upon proof 39
88	93		of age shall be a defense to any action brought under this subsection. Any person distributing 40
89	94		tobacco products through vending machines in violation of this subsection shall be guilty of a 41
90	95		Class 2 misdemeanor. 42
91	96		(b2) Internet Distribution of Tobacco Products. – A person engaged in the distribution of 43
92	97		tobacco products through the Internet or other remote sales methods shall perform an age 44
93	98		verification through an independent, third-party age verification service that compares 45
94	99		information available from public records to the personal information entered by the individual 46
95	100		during the ordering process to establish that the individual ordering the tobacco products is 18 47
96	101		21 years of age or older. 48
97	102		(c) Purchase By Persons Under the Age of 18 21 Years. – If any person under the age of 49
98	103		18 21 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco 50
99	104		products or cigarette wrapping papers, or presents or offers to any person any purported proof of 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 533-First Edition~~ Page 3
	105	+	DRS15181-MGfa-91 Page 3
101	106		age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or 1
102	107		receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2
103	108		2 misdemeanor; provided, however, that it shall not be unlawful for an employee to purchase or 3
104	109		accept receipt of tobacco products or cigarette wrapping papers when required in the performance 4
105	110		of the employee's duties. 5
106	111		(d) Sending or Assisting a Person [Less Than] 18 21 Years to Purchase or Receive 6
107	112		Tobacco Products or Cigarette Wrapping Papers. – If any person shall send a person less than 18 7
108	113		21 years of age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco 8
109	114		products or cigarette wrapping papers, or if any person shall aid or abet a person who is less than 9
110	115		18 21 years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or 10
111	116		receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2 11
112	117		misdemeanor; provided, however, persons under the age of 18 21 may be enlisted by police or 12
113	118		local sheriffs' departments to test compliance if the testing is under the direct supervision of that 13
114	119		law enforcement department and written parental consent is provided; provided further, that the 14
115	120		Department of Health and Human Services shall have the authority, pursuant to a written plan 15
116	121		prepared by the Secretary of Health and Human Services, to use persons under 18 21 years of 16
117	122		age in annual, random, unannounced inspections, provided that prior written parental consent is 17
118	123		given for the involvement of these persons and that the inspections are conducted for the sole 18
119	124		purpose of preparing a scientifically and methodologically valid statistical study of the extent of 19
120	125		success the State has achieved in reducing the availability of tobacco products to persons under 20
121	126		the age of 18, 21, and preparing any report to the extent required by section 1926 of the federal 21
122	127		Public Health Service Act (42 USC § 300x-26). 22
123	128		…." 23
124	129		SECTION 1.1.(b) This Part becomes effective December 1, 2025, and applies to 24
125	130		offenses committed on or after that date. 25
126	131		26
127	132		PART II. REVISIONS TO BROADEN THE VAPOR PRODUCTS LICENSE 27
128	133		REQUIREMENT 28
129	134		SECTION 2.1.(a) G.S. 105-113.39A(a2) reads as rewritten: 29
130	135		"(a2) Vapor Products License. – A wholesale dealer or a retail dealer must obtain a vapor 30
131	136		products license for all of the following locations: 31
132	137		(1) Each location where a wholesale dealer makes vapor products. 32
133	138		(2) Each location where a wholesale dealer or a retail dealer receives or stores 33
134	139		non-tax-paid vapor products. 34
135	140		(3) Each location from where a retail dealer that is a delivery seller or a remote 35
136	141		seller receives or stores non-tax-paid vapor products for delivery sales if the 36
137	142		location is a location other than the location described in subdivision (2) of 37
138	143		this subsection. 38
139	144		(4) Each location from where a retail dealer receives or stores tax-paid vapor 39
140	145		products if the location is a location other than the location described in 40
141	146		subdivision (2) of this subsection." 41
142	147		SECTION 2.1.(b) This Part becomes effective December 1, 2025. 42
143	148		43
144	149		PART III. FUNDING FOR GAMBLING ADDICTION EDUCATION AND 44
145	150		TREATMENT PROGRAMS THROUGH GAMING REVENUES COLLECTED BY THE 45
146	151		LOTTERY COMMISSION 46
147	152		SECTION 3.1. G.S. 105-113.128 reads as rewritten: 47
148	153		"§ 105-113.128. Use of tax proceeds. 48
149	154		The Secretary shall distribute the taxes collected under this Article, less the allowance to the 49
150	155		Department of Revenue and reimbursement to the Lottery Commission for administrative 50
151	156		expenses, in accordance with this section. The Secretary may retain the cost of administering this 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~Senate Bill 533-First Edition~~
	157	+	Page 4 DRS15181-MGfa-91
153	158		Article, not to exceed five hundred thousand dollars ($500,000) a year, as reimbursement to the 1
154	159		Department. The Lottery Commission shall, no later than 20 days after the end of the month, 2
155	160		notify the Department of its unreimbursed expenses from administering the provisions of Article 3
156	161		9 of Chapter 18C of the General Statutes from the previous month. The Department shall 4
157	162		reimburse the Lottery Commission from the tax revenues collected under this Article no later 5
158	163		than the end of the month in which the Department was notified. The remainder of the net 6
159	164		proceeds of the tax collected under this Article are to be credited in the following priority: 7
160	165		(1) Two Twelve million dollars ($2,000,000) ($12,000,000) annually to the 8
161	166		Department of Health and Human Services for the following: 9
162	167		a. Five million four hundred thousand dollars ($5,400,000) for gambling 10
163	168		addiction education and treatment programs.programs and recovery 11
164	169		support services. 12
165	170		b. Four million two hundred thousand dollars ($4,200,000) for 13
166	171		prevention initiatives, including school-based programs. 14
167	172		c. Two million four hundred thousand dollars ($2,400,000) for a 15
168	173		statewide public awareness campaign. 16
169	174		…." 17
170	175		SECTION 3.2.(a) From the tax proceeds credited to the Department of Health and 18
171	176		Human Services pursuant to G.S. 105-113.128, as amended by this act, the Department of Health 19
172	177		and Human Services shall do all of the following: 20
173	178		(1) Develop a statewide public awareness campaign about gambling addiction. In 21
174	179		developing this campaign, the Department shall consult with addiction 22
175	180		specialists and individuals who have lived experience with gambling 23
176	181		addiction to (i) develop materials and initiatives to raise public awareness 24
177	182		about the risks, potential harms, and addictive nature of gambling and (ii) 25
178	183		promote resources for the prevention and treatment of gambling addiction. 26
179	184		The statewide public awareness campaign shall include at least all of the 27
180	185		following components: 28
181	186		a. Factual, evidence-based information about gambling addiction risks 29
182	187		and warning signs. 30
183	188		b. Specific messaging about youth gambling and digital gambling 31
184	189		platforms. 32
185	190		c. Real stories and testimonials from North Carolinians affected by 33
186	191		gambling addiction. 34
187	192		d. Clear information about how to access treatment and support services 35
188	193		for gambling addiction. 36
189	194		e. Availability of information in multiple languages reflecting North 37
190	195		Carolina's diverse population. 38
191	196		f. Targeted messaging for high-risk populations as identified by current 39
192	197		research. 40
193	198		g. Utilization of multiple media channels, including social media, 41
194	199		television, radio, and community-based outreach. 42
195	200		(2) Establish and administer a grant program that awards directed grants on a 43
196	201		competitive basis to nonprofit organizations to implement or expand 44
197	202		evidence-based gambling prevention and treatment programs. The 45
198	203		Department of Health and Human Services shall develop an application 46
199	204		process and eligibility criteria for the grant program authorized by this 47
200	205		subdivision. 48
201	206		(3) Expand access to treatment programs and services for individuals and families 49
202	207		affected by gambling addiction. 50 General Assembly Of North Carolina Session 2025
203		-	~~Senate Bill 533-First Edition~~ Page 5
	208	+	DRS15181-MGfa-91 Page 5
204	209		(4) Support gambling prevention initiatives targeting students in grades K-12, 1
205	210		including efforts to raise awareness about gambling addiction among students 2
206	211		and provide educational resources on the risks associated with gambling. 3
207	212		SECTION 3.2.(b) Annually by February 28, beginning February 28, 2026, the 4
208	213		Department of Health and Human Services shall report to the Joint Legislative Oversight 5
209	214		Committee on Health and Human Services and the Fiscal Research Division on the use of the tax 6
210	215		proceeds credited to the Department of Health and Human Services pursuant to 7
211	216		G.S. 105-113.128, as amended by this act. The report shall include, at a minimum, all of the 8
212	217		following information for the preceding fiscal year: 9
213	218		(1) The number of grants awarded under Section 3.2(a)(2) of this act, the identity 10
214	219		and a brief description of each grantee, and the amount of grant funds awarded 11
215	220		to each grantee. 12
216	221		(2) An itemized list of gambling addiction treatment programs and services 13
217	222		funded by these proceeds and for each, an itemized list of expenditures. 14
218	223		(3) The number of individuals served by each program or receiving services 15
219	224		described in subdivision (2) of this subsection. 16
220	225		(4) An evaluation of the effectiveness of the programs and services funded by 17
221	226		these proceeds using objective performance evaluation metrics. 18
222	227		SECTION 3.2.(c) This section becomes effective July 1, 2025, and applies to gross 19
223	228		wagering revenue received on or after that date. 20
224	229		21
225	230		PART IV. EFFECTIVE DATE 22
226	231		SECTION 4.1. Except as otherwise provided, this act is effective when it becomes 23
227	232		law. 24