Legislature(2025 - 2026)BARNES 124

02/17/2025 03:15 PM House LABOR & COMMERCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 15 ALCOHOL: SALE, WARNING SIGNS TELECONFERENCED
Moved HCS SB 15(L&C) Out of Committee
-- Invited & Public Testimony --
+= HB 49 TOBACCO/NICOTINE/E-CIG AGE; E-CIG TAX TELECONFERENCED
Moved CSHB 49(L&C) Out of Committee
-- Invited & Public Testimony --
+= HB 74 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
Moved HB 74 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                   HB 49-TOBACCO/NICOTINE/E-CIG AGE; E-CIG TAX                                                              
                                                                                                                                
3:34:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR      FIELDS     announced      that    the    next   order     of   business      would                                
be    HOUSE     BILL    NO.    49,    "An     Act    relating      to    tobacco,       tobacco                                 
products,       electronic        smoking      products,       nicotine,       and    products                                  
containing        nicotine;        raising       the     minimum      age     to    purchase,                                   
exchange,      or   possess      tobacco,      a  product      containing       nicotine,      or                               
an    electronic        smoking      product;       relating       to    the    tobacco       use                               
education        and    cessation        fund;     relating       to    the     taxation       of                               
electronic       smoking      products       and    vapor     products;       and    providing                                  
for an effective date."                                                                                                         
                                                                                                                                
CO-CHAIR       FIELDS      stated      that     the    committee       would      begin     with                                
invited testimony.                                                                                                              
                                                                                                                                
3:35:25 PM                                                                                                                    
                                                                                                                                
LEENA     EDAIS,      Co-President,         Youth     Encouraging        Alaskans'       Health                                 
(YEAH),     Rural    Alaska     Community       Action    Program,      Inc.    (RurAL     CAP),                                
introduced herself for the public record.                                                                                       
                                                                                                                                
3:35:29 PM                                                                                                                    
                                                                                                                                
DOROTHY       ARMSTRONG,        Co-President,         Youth      Encouraging         Alaskans'                                  
Health,     Rural    Alaska     Community       Action    Program,      Inc.    (RurAL     CAP),                                
introduced herself for the public record.                                                                                       
                                                                                                                                
3:36:46 PM                                                                                                                    
                                                                                                                                
MS.     EDAIS     stated      that     Ms.     Armstrong       and     she    are     the     co-                               
presidents       of   YEAH,    a   tobacco     prevention       and    education      program.                                  
She    stated     they    have     been    working      with    the    program      for    about                                
five years.                                                                                                                     
                                                                                                                                
MS.   ARMSTRONG       stated     that    YEAH    discourages       nicotine      and    tobacco                                 
use among youth through educational outreach.                                                                                   
                                                                                                                                
MS.   EDAIS     explained       that    YEAH    travels     to   schools      to   present     or                               
host summits, in which students from other schools are invited.                                                                 
                                                                                                                                
3:37:09 PM                                                                                                                    
                                                                                                                                
MS.     ARMSTRONG        explained        that      YEAH     provides        education        and                               
resources       for    those    struggling        with    tobacco      [addiction].           She                               
stated      that    the     organization        focuses      on    bringing       youth     from                                
Alaska villages to their educational summits.                                                                                   
                                                                                                                                
3:37:43 PM                                                                                                                    
                                                                                                                                
MS.    EDAIS    stated      that    YEAH    also    creates      educational        videos     to                               
send    to   other    schools     that    may   otherwise       not   able    to   attend     the                               
summits.        She   continued      that    she   is   a   recent    Dimond     High    School                                 
graduate,      and   she    and   Ms.   Armstrong      would     finish    their     testimony                                  
by    sharing      anecdotal       experiences        about      the    prevalence       of    e-                               
cigarette usage during their time in high school.                                                                               
                                                                                                                                
3:38:08 PM                                                                                                                    
                                                                                                                                
MS.    ARMSTRONG      stated     that    she    graduated      from    Bettye     Davis     East                                
High    School,      a   Title    I   school,      in   May    [2024].        She    commented                                  
that    most    of    the   students       are   living      at   or   below     the    poverty                                 
line.      She    stated    that    she    often    noticed     students      possessing       or                               
using     e-cigarettes        in   classrooms,        despite     not    having     money     for                               
food,    for   example.        She   remarked      that   e-cigarettes        are   resold     at                               
higher     prices    to   youth,     who   otherwise      could     not   legally     purchase                                  
one.        She     further      noted      that     the    use     of    e-cigarettes         is                               
normalized       among    teenagers,       and    stated     it  is   difficult       to   break                                
a "bad habit" that is enabled by a community.                                                                                   
                                                                                                                                
MS.    ARMSTRONG      stated      that    many    students      do   not    have    access     to                               
[educational]        resources       or   do   not   know    that    resources      exist     for                               
them.                                                                                                                           
                                                                                                                                
3:40:04 PM                                                                                                                    
                                                                                                                                
MS.   EDAIS    shared     that    at  Dimond     High    School,     every    bathroom      door                                
in   her   high   school     had   to   be   opened    for   about     half   of   the   school                                 
year,     due   to   the   high    numbers      of   students      vaping     in   bathrooms.                                   
She   shared     YEAH's     belief     that    education      is   the   biggest      tool    for                               
prevention.                                                                                                                     
                                                                                                                                
3:40:48 PM                                                                                                                    
                                                                                                                                
MS.   ARMSTRONG       stated     that    Ms.    Edais    and    herself     were    given     the                               
educational support they needed to avoid tobacco and nicotine.                                                                  
                                                                                                                                
MS.    EDAIS      stated      that     the    products       are    very     accessible        to                               
underage      consumers.          She   stated      that    dealers      are   easily      found                                
via   social     media    applications        ("apps")      and   minors     will   spend     any                               
amount of money on the products due to their addiction to them.                                                                 
                                                                                                                                
MS.    ARMSTRONG      stated     that    many     kids    want    to   stop    but    lack    the                               
resources       to    do   so.       Additionally,         she    stated     the     addiction                                  
becomes      cyclical.        She    said,     "If   a   teacher      stopped     every     time                                
there    was    a[n]    e-cigarette       in   classroom,       no   work   would     get   done                                
and students wouldn't learn anything."                                                                                          
                                                                                                                                
MS.    EDAIS    emphasized       the    need    to   make    products      less    accessible                                   
by   enforcing       policies      to   raise     the   minimum      age    of   purchase      or                               
enact a tax on e-cigarettes.                                                                                                    
                                                                                                                                
MS.    ARMSTRONG       argued      that    youth     are    the    most     susceptible        to                               
price    increases       and   raising     the    tax   on   a  product      would    increase                                  
the    overall     price,      thus    reducing      the    number     of   purchases       from                                
underage consumers.                                                                                                             
                                                                                                                                
MS. EDAIS thanked committee members.                                                                                            
                                                                                                                                
3:44:55 PM                                                                                                                    
                                                                                                                                
MS.   EDAIS,     in   response      to   a  question      from    Representative         Nelson                                 
regarding      accessibility,         offered     commentary       that    a  high    schooler                                  
is less likely to know a 21-year-old than a 19-year-old.                                                                        
                                                                                                                                
MS.    ARMSTRONG      stated      that    the   dealers      would     still    have    to    pay                               
the    proposed      tax    to   sell    products      to    students.        Additionally,                                     
she   stated     that    the    tax   goes    towards     [educational]         programs      for                               
nicotine       and     tobacco      prevention.            She    argued      that      a   more                                
educated       youth     would     not    seek     out    nicotine       and    tobacco       and                               
further      asserted      that    dealers      would    raise     their    prices,      making                                 
the products less accessible to minors.                                                                                         
                                                                                                                                
3:47:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         NELSON     opined     that    the   dealer     would     not   increase                                  
their    price     all   that    much,     meaning     it   is   the    dealer     paying     the                               
tax, not the students.                                                                                                          
                                                                                                                                
3:47:53 PM                                                                                                                    
                                                                                                                                
MS.   EDAIS    acknowledged        that    "kids    will    [do]   what    it   takes    to   get                               
...   products"       but   ventured      that    the    proposed      legislation,        while                                
not    the    complete       solution,       is   a   part     of   the    solution.          She                               
reasserted       that    HB   49   would     make    vape    products      less    accessible                                   
to youth.                                                                                                                       
                                                                                                                                
MS.     ARMSTRONG       highlighted         the    importance        of    advocating         for                               
incremental change in the face of epidemics.                                                                                    
                                                                                                                                
3:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE           CARRICK       thanked       the     invited       testifiers         and                               
commented       on   the   power     of   testimony      from    youth.       She    commented                                  
that    dealers      are   going     to   pass    along     price     increases      to    their                                
customers and asked about price sensitivity among youth.                                                                        
                                                                                                                                
3:50:07 PM                                                                                                                    
                                                                                                                                
MS.    EDAIS     noted     that    e-cigarette         usage    is    frequently        social.                                 
She   stated     if   the   prices    were    high,    it   would    deter    children      from                                
purchasing e-cigarettes.                                                                                                        
                                                                                                                                
MS.   ARMSTRONG       explained      that    their    focus     is   to  halt    the    initial                                 
purchases       of   e-cigarettes.           She    asserted      that     price     increases                                  
would     stop    more    youth    from    starting      the    habit    because      of   their                                
budgetary constraints.                                                                                                          
                                                                                                                                
3:51:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         COULOMBE      agreed    that    minors     should     not   be   smoking                                 
but    shared      concern      that     the    proposed       legislation        would     push                                
consumers       towards     a   black    market     for    e-cigarettes.          She    shared                                 
her    uncertainty        that     increasing       prices      would     be   an    effective                                  
deterrent.          She   further      asked     what    pieces      are   missing      in    the                               
education of young people regarding e-cigarettes.                                                                               
                                                                                                                                
3:52:36 PM                                                                                                                    
                                                                                                                                
MS.   ARMSTRONG      responded       that   many    of   their    peers    hear    that    using                                
e-cigarettes         is    better      than     smoking       traditional        cigarettes,                                    
because     it   was   the   "narrative       that    was   pushed    for    so  long."       She                               
stated     there    are   minimal     regulatory       processes       that   govern     vapes.                                 
She    stated      that    her    peers     are    more     receptive       to   educational                                    
approaches, rather than "just getting mad at them."                                                                             
                                                                                                                                
MS.    EDAIS     addressed      a   common      misconception        that     consumers       are                               
breathing       water    vapor    through      e-cigarettes,         which,     she   asserted                                  
is not true.                                                                                                                    
                                                                                                                                
MS.    ARMSTRONG        stated      that    the     proposed       legislation's         target                                 
demographic       is   students      or  youth     who   are   not   in   active     addiction                                  
but   may   be   considering       illegally       purchasing      an   e-cigarette.          She                               
stated     there    is   already     a   [black]     market     for   vapes.       She   shared                                 
anecdotally        that    dealers     are   already      illegally      purchasing        vapes                                
that    they     then    sell     to   students.          She    reported      that     illegal                                 
vapes     have    even    been    advertised       to   contain     illicit      drugs.       She                               
stated     the   price    increase      in   the   proposed      legislation       intends     to                               
prevent      students       who    have     yet    to    develop      an    addiction       from                                
purchasing illegal e-cigarettes.                                                                                                
                                                                                                                                
MS.    EDAIS    added     that    taxing     products      has    been    proven     to    lower                                
outcomes      of  users.       For   example,      she   noted,     taxes    on  traditional                                    
cigarettes lowered consumption significantly.                                                                                   
                                                                                                                                
3:58:02 PM                                                                                                                    
                                                                                                                                
MS.   ARMSTRONG,       in   response      to  Representative         Coulombe's       question                                  
on   her    stake    in   the    topic,     shared     a   personal      anecdote      about     a                              
friend     who,    although      diagnosed      with    bone    cancer     at  a   young    age,                                
remained       addicted      to    e-cigarettes        throughout        their     treatment.                                   
She concluded by stressing the addictive nature of vapes.                                                                       
                                                                                                                                
4:00:38 PM                                                                                                                    
                                                                                                                                
TRACY     MULVENON,       Assistant       Superintendent,          North     Slope      Borough                                 
School     District     (NSBSD),      gave    invited     testimony      in   support     of   HB
49.     She    stated    that,     after    the    COVID-19      pandemic,      e-cigarettes                                    
flooded        the      scene       and     student        vaping        rates       increased                                  
significantly.            She     asserted      that     the    trend     both     undermines                                   
student     health     and   learning      outcomes.        She   stated     that   it   is   the                               
responsibility         of   school     districts       to   work    with    communities        to                               
implement      proactive       measures     to   combat     the   issue    while    fostering                                   
a    preventative          approach        that     is     educational,          and     health                                 
centered.                                                                                                                       
                                                                                                                                
MS.    MULVENON      spoked     to   the    efficacy      of   vape    detectors       used    in                               
schools     to   aid    in  the    confiscation        of  e-cigarettes.           She   stated                                 
that    she   confiscated        62   vapes    from    middle-schoolers          in   one   year                                
after    COVID-19.         She   stated     that    NSBSD     wrote    a   grant    to   obtain                                 
funding      for    vape    detectors       with     "full     support"       from    parents.                                  
She   explained      that    the   vape    detectors      had   silent     alarms     and   were                                
installed       in   all    bathrooms       and    monitored      by    an   administrator.                                     
Additionally,          NSBSD     implemented         a   "one     student       at    a    time"                                
bathroom       policy.         She     stated     that     the     vape     detectors       have                                
streamlined        the   investigative         process,      as    typically      the    school                                 
would     receive      reports       from    students       about     their     peers'      vape                                
usage.                                                                                                                          
                                                                                                                                
MS.    MULVENON      spoke     to   the    importance       of   education       in   reducing                                  
student     vaping.       She   stated     that    NSBSD    implemented       a  progressive                                    
suspension       process,      explaining      that    education      was    woven    into    the                               
consequences        of   vaping.        For    example,      she    shared     that,    when     a                              
student     was   caught     vaping,     they    were    given    educational       resources                                   
with    their     parent     and   met    with   a   school     counselor       or   (indisc.)                                  
administrator.            She    remarked       that     oftentimes       students       caught                                 
vaping     reported      that     they    were    struggling       and    the   vape    was    an                               
outlet     for    stress.       She    shared     that,    anecdotally,        among     middle                                 
school     students      that    she    had   addressed,       four    times     out   of   five                                
they were taking [vapes] from their parents.                                                                                    
                                                                                                                                
MS.   MULVENON      asserted      that   punitive      measures      alone    do   not   always                                 
result     in    behavioral        change     and    emphasized        the    importance       of                               
education      and   working      with   one's     community      on   providing      students                                  
with    clear,     factual      information        on   the    long-term       damage     of   e-                               
cigarette         consumption.          She     concluded         by     reiterating          the                               
importance       of    education       as   a   means     of   empowering        students      to                               
make     informed       decisions        about     their      health.         She     welcomed                                  
questions from committee members.                                                                                               
                                                                                                                                
4:08:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         NELSON     asked     how    NSBSD    decided      to   purchase      vape                                
detectors.                                                                                                                      
                                                                                                                                
MS.   MULVENON      responded      that    NSBSD    did   a  lot   of   research      prior    to                               
the    implementation         of   the    vape    detectors.          She   explained       that                                
the    vapes     can     be   discreet,       and     administrators         suspected        the                               
majority      of   students      were    using     e-cigarettes        in   the    bathrooms.                                   
She     reported       that,      across      NSBSD,      administrators           work     with                                
community        members        to    create       community         school      expectation                                    
agreements       around      addressing       underage      vape     usage.       She    stated                                 
that      parents       of     students        are     involved        in     the     process.                                  
Additionally,         she     stated      that     a   new    health      curriculum        that                                
included      vape    products      was   adopted      by  the    district,      noting     that                                
the problem was addressed in a myriad of ways.                                                                                  
                                                                                                                                
4:10:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE          NELSON      asked     about      the    efficacy       of    the    vape                                
detectors.                                                                                                                      
                                                                                                                                
MS.    MULVENON      responded       that     students      can    be   very     creative      in                               
dodging      discipline        for    using     e-cigarettes.            She    stated      that                                
NSBSD     had   to   educate      teachers      on   how    to   spot    e-cigarettes,         as                               
they     can    be    discreetly       disguised        as   everyday       objects.          She                               
shared     that    Barrow     High    School     (BHS)    implemented        vape    detectors                                  
in   bathrooms      in   the   past    year    and   the    principal      of   BHS   ventured                                  
that    the    vape    detectors       "have    really     made     a  difference."           She                               
emphasized       the   importance       of   providing      educational       and   emotional                                   
support for students in combatting the issue.                                                                                   
                                                                                                                                
4:12:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR      FIELDS     noted     that    the   proposed      tax    could    help    pay    for                               
vape detectors in schools.                                                                                                      
                                                                                                                                
4:12:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS opened public testimony on HB 49.                                                                               
                                                                                                                                
4:12:54 PM                                                                                                                    
                                                                                                                                
MARK    SUNDQUIST,       representing       self,     testified      in   opposition      to   HB
49.     He  stated,      as  a  retailer,       that   he   prioritizes       selling      legal                                
and   compliant      products.        He   offered     his   belief     that    the   proposed                                  
legislation         would      have     detrimental         effects       on    both     "local                                 
business      and   the    people    of   Alaska."        He   identified       the   proposed                                  
cap    as   his    primary     concern,       arguing     that     it   would    effectively                                    
ban    75   percent     of   regulated       vape    products      in   Alaska,      impacting                                  
retailers'        ability      to    offer      a   diverse      range      of    product      to                               
customers.          He   argued     that     increasingly        limited      choices      could                                
push    customers       towards      the    black     market.         He   stated      that    in                               
Anchorage,       all    taxes    on   tobacco      and   nicotine      products       are   paid                                
by   the    wholesalers.          He   asserted      that    the   proposed      legislation                                    
proposes       a   price-based        tax    that     "would      put    the    onerous       tax                               
collection        and    processing        to    the    individual        business       for     a                              
single     product      line."       He   further     stated     that    the    proposed      tax                               
would     increase       the    prices      of   legal      products,       giving      illegal                                 
products       a   price     advantage.           He   reiterated        that     when     legal                                
products       are     unavailable,          the     black      market      thrives.           He                               
concluded       by   urging     the    committee      to   oppose      HB   49   and    offered                                 
his   belief     that    the   most    effective       approach      is  working      within     a                              
federally       regulated      framework       and   allowing      retailers       to   provide                                 
a  variety      of   products.        He   concluded       by   stating     that    keeping      a                              
diverse       market       of     regulated        products        would      better       serve                                
customers and discourage the growth of the black market.                                                                        
                                                                                                                                
4:16:23 PM                                                                                                                    
                                                                                                                                
TERESA      WROBEL,      Policy      &   Advocacy       Program       Specialist,        Alaska                                 
Children's       Trust,     testified      in   support     of   HB   49.     She   read    from                                
a   prepared      statement        [included       in   the    committee       file],      which                                
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
    • I am testifying in support of House Bill 49 which                                                                         
        addresses the minimum purchase age and consistent                                                                       
        taxing of tobacco products, including vaping products.                                                                  
        Alaska Children's Trust believes in a future where                                                                      
        Alaska's children, youth and families have the                                                                          
        knowledge, skills, supports, and resources they need                                                                    
        to thrive. Consistent with this vision, we support                                                                      
        policies that promote the health and wellbeing of                                                                       
        Alaska's children and youth, including policies                                                                         
        targeted at reducing underage use of tobacco products.                                                                  
    • House Bill 49 supports the reduction in underage                                                                          
        tobacco usage by aligning state law with federal                                                                        
        statute, raising the minimum purchase age for all                                                                       
        tobacco products from 19 to 21. Additionally [sic]                                                                      
        HB49 establishes a sales tax for e-cigarette products,                                                                  
        also commonly known as vapes, making the tax on vaping                                                                  
        products consistent with taxes on other tobacco                                                                         
        products in the state.                                                                                                  
    • Tax policies and age restrictions on purchases are                                                                        
        policies associated with reducing underage use of                                                                       
        tobacco products.                                                                                                       
    • According to KIDS COUNT 2024, 17% of Alaska high                                                                          
        school students reported having used a vape in the                                                                      
        past month. In 2022, vapes were the most used nicotine                                                                  
        product by youth.                                                                                                       
    • Limiting access to youth through targeted taxation is                                                                     
        a policy choice that is currently implemented in                                                                        
        Alaska for other substances, including cigarettes and                                                                   
        alcohol. Both cigarette smoking and use of alcohol                                                                      
        have consistently declined since the introduction of                                                                    
        taxes on these specific items. Alaska's last peak in                                                                    
        underage alcohol use was in 2017.                                                                                       
    • And research in other states has demonstrated that                                                                        
        increased prices on e-cigarette products through taxes                                                                  
        has resulted in a lower rate of use among youth.                                                                        
    • The policy changes in House Bill 49 would promote safe                                                                    
        behaviors in Alaska's youth, increasing youth health                                                                    
        and wellbeing.                                                                                                          
    • We encourage your support of House Bill 49. Thank you                                                                     
        for the opportunity to testify today.                                                                                   
                                                                                                                                
4:18:23 PM                                                                                                                    
                                                                                                                                
CARRIE       NYSSEN,       Vice     President,         Advocacy       and     Air     Quality,                                  
American      Lung    Association       (ALA),     testified       in  support      of   HB   49.                               
She    stated     that    the    U.S.     Surgeon     General      declared      e-cigarette                                    
use   among     youth    to   be   an   "epidemic."          She   asserted      that    Alaska                                 
could    "do   better     at   protecting       youth    from   a   lifetime     of   nicotine                                  
addiction."          She    explained       that    the    American      Lung    Association                                    
grades     states     in   its    annual     State    of   Tobacco      Control     report     on                             
policies      that    could     lessen     the   health     impacts      of   tobacco.        She                               
said    that     HB   49   addresses       two    recommendations          in    the    report:                                 
establishing        a   tax   on   electronic        devices     and    funding     education                                   
programs.          She     refuted      the    assertion        that     e-cigarettes         are                               
cessation      devices,      stating     no   manufacturer        has   attempted      to   have                                
their     product     approved      as   a   cessation      device.        She   stated     that                                
vapes/e-cigarettes            deliver     heavy     metals      like    nickel,      tin,     and                               
lead    into    the    lungs,     in   addition      to    ultra    fine    particles       that                                
can    cause    inflammation        throughout        the   body.       Additionally,         she                               
asserted      that    none    of   the   additive      flavors     used    in   e-cigarettes                                    
are    approved      for   inhalation.          Finally,      she    cited     a  2013     study                                
published      in   England,      stating      that    researchers       were    paid    by   the                               
vape    industry.         She   asserted      that    the    scientific       community       had                               
since     debunked      the    findings      of    this    study.       She    concluded       by                               
stating      that     ALA    fully     supports       raising      the     minimum      age    to                               
purchase       tobacco      products       to   age    21    and    further      recommended                                    
removing      the    penalties       for    youth     possession       of   said     products,                                  
arguing     that    strategy      does   little     to   reduce     underage     consumption                                    
of them.                                                                                                                        
                                                                                                                                
4:20:48 PM                                                                                                                    
                                                                                                                                
JANICE     PARK,    representing        self,     testified      during     the    hearing     on                               
HB   49.     She   stated    that    ultimately,       the    proposed     legislation        was                               
about     protecting       children.         She    provided      a   personal       anecdote,                                  
stating     that    her    father,     a   lifelong      smoker,     smoked     [combustible                                    
cigarettes]          from       a     young       age      and      experienced          health                                 
complications throughout his life as a result, she asserted.                                                                    
                                                                                                                                
4:22:39 PM                                                                                                                    
                                                                                                                                
ALEX    MCDONALD,       representing        self,     testified       during     the    hearing                                 
on   HB  49.     He   asserted     that    the   proposed      legislation       would    put    a                              
"tax     on    a   tax."        He    claimed      that     nicotine      had     never     been                                
classified       as  a   carcinogen      and    much   of   the   information        presented                                  
to    the    committee       was    "old     and    outdated."           Additionally,         he                               
stated     that    the    slideshow      presentation        for    HB   49   is   five    years                                
old    and   shows     products      that    are    no   longer     on    the   market.        He                               
cited      a   2024      Alaska      Beacon      article,       stating       that      current                               
statistics       on   the    past    30-day     use   [of    e-cigarettes]        was    at   its                               
"lowest     levels."        He   argued     that    the   proposed      legislation        would                                
push    people     to   purchase     black     market     products.        He   claimed     that                                
the   Federal      Drug    Administration         (FDA)    currently       recommends       that                                
smokers     switch     to   safer    alternatives        such   as   vapor    products      like                                
e-cigarettes.            He    concluded        by   asserting        that     the    proposed                                  
legislation would encourage people to go against FDA guidelines.                                                                
                                                                                                                                
4:25:24 PM                                                                                                                    
                                                                                                                                
VALERIA      DELGADO-LOPEZ,         representing         self,    testified       in    support                                 
of   HB   49.     She    read   from    a   prepared      statement      [included       in   the                               
committee       file],      which     read     as   follows      [original        punctuation                                   
provided]:                                                                                                                      
                                                                                                                                
        Good   afternoon,       my   name    is   Valeria      Delgado     Lopez,     and                                       
        I  live     in   Anchorage.        My   work     focuses      on   preventing                                           
        tobacco     and    nicotine      use,   particularly         among    youth.     A                                      
        critical       part      of    my    job     is     educating        students,                                          
        parents, and teachers about the harms of e-cigarettes.                                                                  
                                                                                                                                
        The    stories      I've     encountered        are     alarming.       In    one                                       
        Anchorage      elementary       school,      4th   and    5th   graders     were                                        
        trading     chocolate       milk    for   e-cigarette        puffs.     Schools                                         
        are    now     reaching       out    for     help     because      vaping       is                                      
        appearing      even    in  elementary       grades.     Some    schools     have                                        
        had to suspend children that young.                                                                                     
                                                                                                                                
        In  middle     and    high    schools,      students      continue      to   vape                                       
        in  bathrooms,       keeping      the   cycle     going.     Some    have    even                                       
        flushed      vapes     down    toilets,       causing      costly     plumbing                                          
        damage.       Many     struggle       to     quit     due     to     the     high                                       
        concentrations         of   nicotine,       which     fuels     addiction       at                                      
        an early age.                                                                                                           
                                                                                                                                
        Parents     are   also    struggling.        Just    last    week,    a  parent                                         
        reached     out   for    help    after    discovering        their    teen    had                                       
        been    vaping      for    a   year.     The    discreet      design      of    e-                                      
        cigarettes       makes     them     easy    to    hide,     making     it    even                                       
        harder for parents to intervene early.                                                                                  
                                                                                                                                
        We   know    what    works.     Raising     the    purchasing       age   to    21                                      
        and    taxing       e-cigarettes         are     proven      strategies         to                                      
        reduce youth vaping.                                                                                                    
                                                                                                                                
        I  urge    you   to   support      policies      that    raise    e-cigarette                                           
        taxes    and   strengthen        youth    protections.        Thank     you   for                                       
        your time                                                                                                               
                                                                                                                                
4:27:26 PM                                                                                                                    
                                                                                                                                
JESSI     WALTON,     representing        self,     testified       in   opposition       to   HB
49.        She     claimed      that      the    FDA     recommends        switching        from                                
traditional         cigarettes         to    e-cigarettes,          asserting         that     e-                               
cigarettes         have     lower      levels       of    harmful       ingredients         than                                
traditional         cigarettes.           She     stated      that     she    quit      smoking                                 
[traditional         cigarettes]         in    2013     [by    making      the     switch      to                               
vapes].       She    asserted      that   taxing     e-cigarettes        would     go   against                                 
public     health,      smoking-related          Medicaid       expenses,       and    the    FDA                               
guidelines.         Further,      she   said    that   switching       from   [traditional]                                     
cigarettes        to    e-cigarettes         lowers     the     incidence       of    smoking-                                  
related     illnesses       and   the    FDA   has   approved      30   different       [vapor]                                 
products.         She   concluded       by   asking     committee      members      to   oppose                                 
HB 49.                                                                                                                          
                                                                                                                                
4:29:21 PM                                                                                                                    
                                                                                                                                
AARON     OSTERBACK,       representing        self,     testified      in   support      of   HB
49.     He   acknowledged        that   he   was   not    aware    of   how   bad   the    issue                                
of   e-cigarettes         and    vaping     was    in    his    community.          He   stated                                 
that,     historically,         doctors      first    promoted       traditional        tobacco                                 
products      as   a   healthy      means     to   take    off    stress.        Further,      he                               
stated     that,     eventually,        it    was    discovered       that    [traditional]                                     
cigarettes       were    not    as   healthy      as   once    advertised.          He   shared                                 
personal      anecdotes      of   family     members     regarding      e-cigarette        usage                                
to    challenge        prior      testimony       stating       it    is     healthy.          He                               
encouraged       committee      members     to   look    at  the    suspension      rates     for                               
the   Anchorage       School     District      (ASD),     asserting      that    the    second-                                 
highest      reason      for   suspension        is    e-cigarette/vape          usage.        He                               
offered      his   support      for    educational        provisions,       asserting       that                                
informed       youth      would     make     better      decisions        regarding        their                                
health.       He   asserted      the   use   of   vape    detectors      is   a  cost    to   the                               
community        and     argued      that      the     industry       needs      to     support                                 
preventative         measures       like     vape     detectors.          He    offered       his                               
belief     that,     over    the   long-term,       e-cigarettes        will    be    found    to                               
not   be   as   healthy     as   claimed.        He   echoed    other     speakers      stating                                 
that the tax will deter customers.                                                                                              
                                                                                                                                
MR.    OSTERBACK       concluded        by   thanking       the    committee       for     their                                
time.                                                                                                                           
                                                                                                                                
4:34:56 PM                                                                                                                    
                                                                                                                                
SHAUN    D'SYLVA,      Owner,     Fatboy     Vapors,      testified      in   opposition       to                               
HB   49.     He   stated     that    he   has   been    the   co-owner      of   three     vapor                                
stores     in   Alaska      since    2013.       He   said    that     Alaska     has   seen     a                              
reduction      in   the    rates    of   traditional       smoking      and   adult     smoking                                 
rates    are    at   the   lowest     they    have    ever    been    at  17   percent.        He                               
stated     that     the    Alaska     Youth     Risk    Behavior       survey     shows     that                                
both     the    youth     smoking      rate     and    the    youth     vaping     rate     have                                
decreased       since     2019.       He   noted     that    statistics       given     in    the                               
bill    sponsor's       presentation        and    the   previous      comment      from    [Ms.                                
Nyssen]      regarding       the    U.S.    Surgeon       General      were    sourced      from                                
2019.                                                                                                                           
                                                                                                                                
MR.    D'SYLVA     stated      the   industry       supports      sensible      legislation,                                    
such    as   ensuring      packaging      is   not   youth-friendly         and    Tobacco     21                               
(T21)    [laws],     which,     he   noted,     many   states     have    already     adopted.                                  
He   shared    concerns      over    the   excise     tax   proposed     under     HB  49.     He                               
stated      that     the    three     vapor     stores      he    owns     are    located      in                               
Anchorage,       Fairbanks,       and   Wasilla,      noting     that    his   stores     pay    a                              
wholesale       tax.      He    remarked      that    the    wholesale       taxes     are    not                               
used    for    tobacco      cessation      programs;       in   Fairbanks,        the   tax    is                               
being    used    to   reduce     property      tax,    and    the   tax    in   Wasilla     goes                                
into    the   city's     general     fund.      He  posited     that    smoking     rates     are                               
higher     in   low-income        individuals,        and    the   proposed      legislation                                    
would    be   harmful      for   adults     trying     to   quit    smoking     [combustible                                    
cigarettes].            He    asserted      that     the     United      Kingdom's       (UK's)                                 
[Public      Health     England]      has   been    studying      vapes     since     2009    and                               
has    asserted,      repeatedly,        that    "vaping      is   at    least    95    percent                                 
safer    -  not   safe,     but   safer    -  than    cigarettes."         He   declared      the                               
bad    actors      who    sell     to   youth     need     to    be   punished       and    [bad                                
actors]      would    not    pay    the   proposed      tax    and    concluded      that     the                               
black market needs to be prevented.                                                                                             
                                                                                                                                
4:39:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR      FIELDS,      after    ascertaining        that    there     was   no    one   else                                
who wished to testify, closed public testimony on HB 49.                                                                        
                                                                                                                                
4:39:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         NELSON     noted    that   some    of   the   publications        on   the                               
introductory presentation for HB 49 appeared to be outdated.                                                                    
                                                                                                                                
4:39:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         SARA    HANNAN,      Alaska     State     Legislature,        as    prime                                
sponsor      of   HB    49,    pointed      to   the    Alaska      Youth     Risk    Behavior                                  
survey     that    is  taken     every    two   years.       She   explained       that    there                                
was   a   gap   in   surveys      due   to   the   COVID-19      pandemic      and    the   last                                
surveys      were     taken     in    2019    and    then     in    2023.       She     further                                 
explained      that    in   2023,    there    was   a  dip   in   the   data    regarding      e-                               
cigarette       usage,     but   not    an   overall     decline      in   the   trajectory.                                    
In   response      to   prior    testimony,       she   declared      that    she   could     not                               
find    any    reference      to   vape    recommendations          on   the   FDA    website.                                  
She    reiterated        that     the    proposed      legislation         does    allow      tax                               
exemptions        for    any    device     that     is   federally       classified        as    a                              
cessation       device.         She     repeated      that     if    a   vape     product      is                               
approved      by   the    FDA   to   be   a   cessation      device,      it   would     not   be                               
taxed under HB 49.                                                                                                              
                                                                                                                                
4:41:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE          NELSON      noted      that     Ms.    Mulvenon       cited      active                                 
engagement        with     students      to    cut    down     rates     of    vaping      among                                
students.         He    asked     whether     the    bill     sponsor      thought      parents                                 
should     be    doing    more     to   prevent      their     children      from    using     e-                               
cigarettes.                                                                                                                     
                                                                                                                                
4:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         HANNAN     responded      yes.     Additionally,         she   asserted                                  
that    schools      have    a   responsibility          to   upkeep     community       health                                 
goals and prevent exposures to products like vapes.                                                                             
                                                                                                                                
4:43:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE            NELSON        voiced        concerns         about       low-income                                   
individuals        purchasing        "sketchy"       products       online.        He    voiced                                 
additional        concerns      that     the    proposed       legislation        would     push                                
more people towards an illegal online black market.                                                                             
                                                                                                                                
4:43:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         HANNAN     responded      that    HB  49   would    institute      a   tax                               
on   vape    products      sold    in  brick-and-mortar          store     or   mail    ordered                                 
from    an   online     store.      She    explained      that    currently,       mail    order                                
products      besides     cigarettes       are   not   currently       taxed    under    Alaska                                 
law.       She     stated     that,      regardless        of   whether       a   product      is                               
purchased       in-person       or   online,      the    tax   still     is   levied.         She                               
asserted that the tax burden is equalized.                                                                                      
                                                                                                                                
REPRESENTATIVE         HANNAN,     in   response      to   a   follow-up      question      from                                
Representative         Nelson,      asserted      that    the   manufacturing         of   vapes                                
is   not   regulated      at   all.     She   stated,     "We   want    to   make   sure    that                                
we   are    regulating        best    we    can    products      that     are    legally      for                               
sale."      She    stated    that    the   proposed      legislation       does    not   reduce                                 
access     to   the   product,      unless     one    is   19-   or   20-years-old.           She                               
asserted      that    HB   49   would     not   treat    [legal]      consumers       of   legal                                
tobacco products "any differently."                                                                                             
                                                                                                                                
4:46:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE          CARRICK      moved     to   adopt     Amendment       1   to    HB    49,                               
labeled 34-LS0368\A.7, Nauman, 2/10/25, which read as follows:                                                                  
                                                                                                                                
        Page 3, line 18:                                                                                                        
               Delete "$300"                                                                                                  
               Insert "$150"                                                                                                  
                                                                                                                                
4:46:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL objected for the purpose of discussion.                                                                           
                                                                                                                                
4:46:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         CARRICK     explained      that    Amendment       [1]   would    change                                 
the    penalty       for    youth      possession        from    $300     to    $150.         She                               
explained       that    current      statute     can    place    up    to   a  $500     penalty                                 
for    youth      for    possession,         and    [up    to    a]    $300     penalty       for                               
retailers      who   might     sell   to   youth.      She   explained       that   HB   49,   as                               
currently      drafted,      would    reduce     the   penalty      for   youth    possession                                   
from    $500    to   $300,     and    Amendment      [1]    would     reduce     the    ceiling                                 
penalty      for    youth     possession       even     further     from     $300    to    $150.                                
She   explained      the    amendment      was   written     in   response      to  data    from                                
the    Court      System      and    reported       that     the    fine     for     youth     is                               
infrequently        exacted     up   to  $300.      She   opined     that    it  is   sensible                                  
to   charge     the   youth    less    than    the   retailer      for   possession.          She                               
stated     the    goal    is   to   "get    behavior      ...   back    on   track"      not   to                               
unduly punish the youth.                                                                                                        
                                                                                                                                
4:48:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE          NELSON      suggested        removing       the    punishment         for                               
youth entirely.                                                                                                                 
                                                                                                                                
4:48:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE         CARRICK     offered     her   belief     that    there    is   value    in                               
having     a  penalty      for   youth     but   setting      the   penalty      at   the   same                                
rate    to  the   retailer      is   unfair     to  minors.       She   asserted      that    the                               
fine    creates      disincentive        and   maintained       her    intent     for    a  fine                                
reduction instead of a fine removal.                                                                                            
                                                                                                                                
4:49:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL withdrew her objection.                                                                                           
                                                                                                                                
4:49:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON objected.                                                                                                 
                                                                                                                                
A   roll    call     vote    was    taken.        Representatives          Burke,     Carrick,                                  
Hall,    and   Fields     voted    in   favor    of   the   motion     to  adopt    Amendment                                   
1  to   HB   49.      Representatives         Nelson     and    Coulombe      voted     against                                 
it.  Therefore, Amendment 1 was adopted by a vote of 4-2.                                                                       
                                                                                                                                
4:50:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR       HALL     moved      to    report      HB    49,    as    amended,        out    of                               
committee       with    individual        recommendations         and    the    accompanying                                    
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE NELSON objected.                                                                                                 
                                                                                                                                
A   roll    call     vote    was    taken.        Representatives          Carrick,      Burke,                                 
Hall,    and    Fields     voted    in   favor     of  the    motion     to   report     HB   49,                               
as    amended,       out     of    committee.           Representatives          Nelson       and                               
Coulombe      voted    against     it.     Therefore,       CSHB    49(L&C)     was   reported                                  
out   of   the   House    Labor    and    Commerce     Standing      Committee      by   a  vote                                
of 4-2.                                                                                                                         

Document Name Date/Time Subjects
SB 15 Bill Packet 2.17.2025.pdf HL&C 2/17/2025 3:15:00 PM
SB 15
HB49 Amendment A.6.pdf HL&C 2/17/2025 3:15:00 PM
HB 49
HB49 Amendment A.7.pdf HL&C 2/17/2025 3:15:00 PM
HB 49
HB49 Amendment A.8.pdf HL&C 2/17/2025 3:15:00 PM
HB 49
AK HB 74 airbags - NAMIC's written testimony 2.4.25.pdf HL&C 2/17/2025 3:15:00 PM
HB 74
SB 15 Amendment A.1.pdf HL&C 2/17/2025 3:15:00 PM
SB 15
SB 15 Amendment A.3.pdf HL&C 2/17/2025 3:15:00 PM
SB 15
HB 49 Combined Public Testimony 2.17.2025.pdf HL&C 2/17/2025 3:15:00 PM
HB 49
SB 15 ABC Board Advisory Opinion 2.17.25 HL&C.pdf HL&C 2/17/2025 3:15:00 PM
SB 15