Use Tribal ID for Alcohol & Tobacco Purchase.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 29

Short Title: Use Tribal ID for Alcohol & Tobacco Purchase. (Public)
Sponsors: Representative Clampitt.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Federal Relations and American Indian Affairs, if favorable, Alcoholic Beverage
Control, if favorable, Rules, Calendar, and Operations of the House
February 3, 2025
*H29-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE USE OF A TRIBAL ENRO LLMENT CARD ISSUED B Y A 2
STATE OR FEDERALLY RECOGNIZED INDIAN TRIBE WHEN MAKING ALCOHOL 3
OR TOBACCO PURCHASES. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 18B-302(d) reads as rewritten: 6
"(d) Defense. – It is a defense to a violation of subsection (a) of this section if the seller 7
does any of the following: 8
(1) Shows that the purchaser produced a driver's license, a special identification 9
card issued under G.S. 20-37.7 or issued by the state agency of any other state 10
authorized to issue similar official state special identification cards for that 11
state, a tribal enrollment card issued by a State or federally recognized Indian 12
Tribe, a military identification card, or a passport, showing the purchaser's age 13
to be at least the required age for purchase and bearing a physical description 14
of the person named on the card reasonably describing the purchaser. 15
… 16
(3) Shows that at the time of purchase, the purchaser utilized a biometric 17
identification system that demonstrated (i) the purchaser's age to be at least 18
the required age for the purchase and (ii) the purchaser had previously 19
registered with the seller or seller's agent a drivers license, a special 20
identification card issued under G.S. 20-37.7 or issued by the state agency of 21
any other state authorized to issue similar official state special identification 22
cards for that state, a tribal enrollment card issued by a State or federally 23
recognized Indian Tribe, a military identification card, or a passport showing 24
the purchaser's date of birth and bearing a physical description of the person 25
named on the document." 26
SECTION 2. G.S. 14-313 reads as rewritten: 27
"§ 14-313. Youth access to tobacco products, tobacco -derived products, vapor pr oducts, 28
and cigarette wrapping papers. 29
(a) Definitions. – The following definitions apply in this section: 30
… 31
(2) Proof of age. – A drivers license license, a tribal enrollment card issued by a 32
State or federally recognized Indian Tribe , or other photographic 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 29-First Edition
identification that includes the bearer's date of birth that purports to establish 1
that the person is 18 years of age or older. 2
… 3
(b) Sale or distribution to persons under the age of 18 years. – If any person shall 4
distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette 5
wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco 6
products or cigarette wrapping papers on behalf of a person under the age of 18 years, the person 7
shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to 8
distribute tobacco products or cigarette wrapping papers to an employee when required in the 9
performance of the employee's duties. Retail distr ibutors of tobacco products shall prominently 10
display near the point of sale a sign in letters at least five-eighths of an inch high which states the 11
following: 12
… 13
Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars 14
($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense. 15
A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand 16
proof of age from a prospective purchaser if the person has rea sonable grounds to believe that 17
the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by 18
this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of 19
age. Retail distributors of tobacco products or cigarette wrapping papers shall train their sales 20
employees in the requirements of this law. Proof of any of the following shall be a defense to any 21
action brought under this subsection: 22
(1) The defendant demanded, was shown, and reasonably relied upon proof of age 23
in the case of a retailer, or any other documentary or written evidence of age 24
in the case of a nonretailer. 25
(2) The defendant relied on the electronic system established and operated by the 26
Division of Motor Vehicles pursuant to G.S. 20-37.02. 27
(3) The defendant relied on a biometric identification system that demonstrated 28
(i) the purchaser's age to be at least the required age for the purchase and (ii) 29
the purchaser had previously registered with the seller or seller's agent a 30
drivers license, a special identification card issued under G.S. 20-37.7, a tribal 31
enrollment card issued by a State or federally recognized Indian Tribe , a 32
military identification card, or a passport showing the purchaser's date of birth 33
and bearing a physical description of the person named on the card. 34
… 35
(d) Sending or assisting a person less than 18 years to purchase or receive tobacco 36
products or cigarette wrapping papers. – If any person shall send a person less than 18 years of 37
age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or 38
cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of 39
age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco 40
products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; 41
provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' 42
departments to test compliance if the testing is un der the direct supervision of that law 43
enforcement department and written parental consent is provided; provided further, that the 44
Department of Health and Human Services shall have the authority, pursuant to a written plan 45
prepared by the Secretary of Hea lth and Human Services, to use persons under 18 years of age 46
in annual, random, unannounced inspections, provided that prior written parental consent is given 47
for the involvement of these persons and that the inspections are conducted for the sole purpose 48
of preparing a scientifically and methodologically valid statistical study of the extent of success 49
the State has achieved in reducing the availability of tobacco products to persons under the age 50
General Assembly Of North Carolina Session 2025
House Bill 29-First Edition Page 3
of 18, and preparing any report to the extent required by section 1926 of the federal Public Health 1
Service Act (42 USC § 300x-26). 2
…." 3
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 4
committed and purchases made on or after that date. 5