NC
North Carolina House Bill H29

North Carolina 2025-2026 Regular Session

North Carolina House Bill H29 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 29
3+H D
4+HOUSE BILL DRH10022-ML-48
5+
56
67
78 Short Title: Use Tribal ID for Alcohol & Tobacco Purchase. (Public)
89 Sponsors: Representative Clampitt.
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Federal Relations and American Indian Affairs, if favorable, Alcoholic Beverage
11-Control, if favorable, Rules, Calendar, and Operations of the House
12-February 3, 2025
13-*H29-v-1*
10+Referred to:
11+
12+*DRH10022 -ML-48*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO ALLOW THE USE OF A TRIBAL ENROLLMENT CARD ISSUED BY A 2
1615 STATE OR FEDERALLY RECOGNIZED INDIAN TRIBE WHEN MAKING ALCOHOL 3
1716 OR TOBACCO PURCHASES . 4
1817 The General Assembly of North Carolina enacts: 5
1918 SECTION 1. G.S. 18B-302(d) reads as rewritten: 6
2019 "(d) Defense. – It is a defense to a violation of subsection (a) of this section if the seller 7
2120 does any of the following: 8
2221 (1) Shows that the purchaser produced a driver's license, a special identification 9
2322 card issued under G.S. 20-37.7 or issued by the state agency of any other state 10
2423 authorized to issue similar official state special identification cards for that 11
2524 state, a tribal enrollment card issued by a State or federally recognized Indian 12
2625 Tribe, a military identification card, or a passport, showing the purchaser's age 13
2726 to be at least the required age for purchase and bearing a physical description 14
2827 of the person named on the card reasonably describing the purchaser. 15
2928 … 16
3029 (3) Shows that at the time of purchase, the purchaser utilized a biometric 17
3130 identification system that demonstrated (i) the purchaser's age to be at least 18
3231 the required age for the purchase and (ii) the purchaser had previously 19
3332 registered with the seller or seller's agent a drivers license, a special 20
3433 identification card issued under G.S. 20-37.7 or issued by the state agency of 21
3534 any other state authorized to issue similar official state special identification 22
3635 cards for that state, a tribal enrollment card issued by a State or federally 23
3736 recognized Indian Tribe, a military identification card, or a passport showing 24
3837 the purchaser's date of birth and bearing a physical description of the person 25
3938 named on the document." 26
4039 SECTION 2. G.S. 14-313 reads as rewritten: 27
4140 "§ 14-313. Youth access to tobacco products, tobacco-derived products, vapor products, 28
4241 and cigarette wrapping papers. 29
4342 (a) Definitions. – The following definitions apply in this section: 30
4443 … 31
4544 (2) Proof of age. – A drivers license license, a tribal enrollment card issued by a 32
46-State or federally recognized Indian Tribe, or other photographic 33 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 29-First Edition
48-identification that includes the bearer's date of birth that purports to establish 1
49-that the person is 18 years of age or older. 2
50-… 3
51-(b) Sale or distribution to persons under the age of 18 years. – If any person shall 4
52-distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette 5
53-wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco 6
54-products or cigarette wrapping papers on behalf of a person under the age of 18 years, the person 7
55-shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to 8
56-distribute tobacco products or cigarette wrapping papers to an employee when required in the 9
57-performance of the employee's duties. Retail distributors of tobacco products shall prominently 10
58-display near the point of sale a sign in letters at least five-eighths of an inch high which states the 11
59-following: 12
60-… 13
61-Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars 14
62-($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense. 15
63-A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand 16
64-proof of age from a prospective purchaser if the person has reasonable grounds to believe that 17
65-the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by 18
66-this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of 19
67-age. Retail distributors of tobacco products or cigarette wrapping papers shall train their sales 20
68-employees in the requirements of this law. Proof of any of the following shall be a defense to any 21
69-action brought under this subsection: 22
70-(1) The defendant demanded, was shown, and reasonably relied upon proof of age 23
71-in the case of a retailer, or any other documentary or written evidence of age 24
72-in the case of a nonretailer. 25
73-(2) The defendant relied on the electronic system established and operated by the 26
74-Division of Motor Vehicles pursuant to G.S. 20-37.02. 27
75-(3) The defendant relied on a biometric identification system that demonstrated 28
76-(i) the purchaser's age to be at least the required age for the purchase and (ii) 29
77-the purchaser had previously registered with the seller or seller's agent a 30
78-drivers license, a special identification card issued under G.S. 20-37.7, a tribal 31
79-enrollment card issued by a State or federally recognized Indian Tribe, a 32
80-military identification card, or a passport showing the purchaser's date of birth 33
81-and bearing a physical description of the person named on the card. 34
82-… 35
83-(d) Sending or assisting a person less than 18 years to purchase or receive tobacco 36
84-products or cigarette wrapping papers. – If any person shall send a person less than 18 years of 37
85-age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or 38
86-cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of 39
87-age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco 40
88-products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; 41
89-provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' 42
90-departments to test compliance if the testing is under the direct supervision of that law 43
91-enforcement department and written parental consent is provided; provided further, that the 44
92-Department of Health and Human Services shall have the authority, pursuant to a written plan 45
93-prepared by the Secretary of Health and Human Services, to use persons under 18 years of age 46
94-in annual, random, unannounced inspections, provided that prior written parental consent is given 47
95-for the involvement of these persons and that the inspections are conducted for the sole purpose 48
96-of preparing a scientifically and methodologically valid statistical study of the extent of success 49
97-the State has achieved in reducing the availability of tobacco products to persons under the age 50 General Assembly Of North Carolina Session 2025
98-House Bill 29-First Edition Page 3
99-of 18, and preparing any report to the extent required by section 1926 of the federal Public Health 1
100-Service Act (42 USC § 300x-26). 2
101-…." 3
102-SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 4
103-committed and purchases made on or after that date. 5
45+State or federally recognized Indian Tribe, or other photographic 33
46+identification that includes the bearer's date of birth that purports to establish 34
47+that the person is 18 years of age or older. 35
48+… 36
49+H.B. 29
50+Jan 30, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10022-ML-48
53+(b) Sale or distribution to persons under the age of 18 years. – If any person shall 1
54+distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette 2
55+wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco 3
56+products or cigarette wrapping papers on behalf of a person under the age of 18 years, the person 4
57+shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to 5
58+distribute tobacco products or cigarette wrapping papers to an employee when required in the 6
59+performance of the employee's duties. Retail distributors of tobacco products shall prominently 7
60+display near the point of sale a sign in letters at least five-eighths of an inch high which states the 8
61+following: 9
62+… 10
63+Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars 11
64+($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense. 12
65+A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand 13
66+proof of age from a prospective purchaser if the person has reasonable grounds to believe that 14
67+the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by 15
68+this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of 16
69+age. Retail distributors of tobacco products or cigarette wrapping papers shall train their sales 17
70+employees in the requirements of this law. Proof of any of the following shall be a defense to any 18
71+action brought under this subsection: 19
72+(1) The defendant demanded, was shown, and reasonably relied upon proof of age 20
73+in the case of a retailer, or any other documentary or written evidence of age 21
74+in the case of a nonretailer. 22
75+(2) The defendant relied on the electronic system established and operated by the 23
76+Division of Motor Vehicles pursuant to G.S. 20-37.02. 24
77+(3) The defendant relied on a biometric identification system that demonstrated 25
78+(i) the purchaser's age to be at least the required age for the purchase and (ii) 26
79+the purchaser had previously registered with the seller or seller's agent a 27
80+drivers license, a special identification card issued under G.S. 20-37.7, a tribal 28
81+enrollment card issued by a State or federally recognized Indian Tribe, a 29
82+military identification card, or a passport showing the purchaser's date of birth 30
83+and bearing a physical description of the person named on the card. 31
84+… 32
85+(d) Sending or assisting a person less than 18 years to purchase or receive tobacco 33
86+products or cigarette wrapping papers. – If any person shall send a person less than 18 years of 34
87+age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or 35
88+cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of 36
89+age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco 37
90+products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; 38
91+provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' 39
92+departments to test compliance if the testing is under the direct supervision of that law 40
93+enforcement department and written parental consent is provided; provided further, that the 41
94+Department of Health and Human Services shall have the authority, pursuant to a written plan 42
95+prepared by the Secretary of Health and Human Services, to use persons under 18 years of age 43
96+in annual, random, unannounced inspections, provided that prior written parental consent is given 44
97+for the involvement of these persons and that the inspections are conducted for the sole purpose 45
98+of preparing a scientifically and methodologically valid statistical study of the extent of success 46
99+the State has achieved in reducing the availability of tobacco products to persons under the age 47
100+of 18, and preparing any report to the extent required by section 1926 of the federal Public Health 48
101+Service Act (42 USC § 300x-26). 49
102+…." 50 General Assembly Of North Carolina Session 2025
103+DRH10022-ML-48 Page 3
104+SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 1
105+committed and purchases made on or after that date. 2