Alaska 34th Alaska State Legislature Status: In Committee Bipartisan · 2 D · 1 I cosponsors

HB 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.

Last action — (H) COSPONSOR(S): CARRICK

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced January 22, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 36% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 I) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

51 added · 51 removed

Plain-language change summary

In the latest version of House Bill 49, the maximum fine for certain violations has been increased from $150 to $300. This change is significant because it raises the penalty for non-compliance, potentially encouraging more responsible behavior among individuals or businesses affected by the law. By making the fines tougher, the bill aims to enhance compliance and ultimately protect the interests it addresses.

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Latest
34-LS0368\N CS FOR HOUSE BILL NO.
34-LS0368\A HOUSE BILL NO.
49(L&C) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THE HOUSE LABOR AND COMMERCE COMMITTEE Referred:
49 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY REPRESENTATIVES HANNAN, Galvin, Carrick Introduced:
Finance Sponsor(s):
1/22/25 Referred:
REPRESENTATIVES HANNAN, Galvin, Carrick A BILL FOR AN ACT ENTITLED "An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine;
Labor and Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine;
(2) is 21 [19] years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] HB0049b -1- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N years of age;
(2) is 21 [19] years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] HB0049a -1- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A years of age;
[THIS SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] (b) In a prosecution under (a) of this section for possession of an electronic CSHB 49(L&C) -2- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 21 [19] years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
[THIS SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] (b) In a prosecution under (a) of this section for possession of an electronic HB 49 -2- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 21 [19] years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a person under 21 years of age [MINOR] is a violation punishable by a fine of not more than $150.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a person under 21 years of age [MINOR] is a violation punishable by a fine of not more than $300.
(f) The provisions of (a) of this section do not apply to a person 19 or 20 years of age who is employed by a person with a business license endorsement under AS 43.70.075 and, as part of that employment, is selling a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing HB0049b -3- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N nicotine.
(f) The provisions of (a) of this section do not apply to a person 19 or 20 years of age who is employed by a person with a business license endorsement under AS 43.70.075 and, as part of that employment, is selling a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing HB0049a -3- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A nicotine.
(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 21 [19] years of age of an electronic smoking product or a CSHB 49(L&C) -4- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 21 [19] years of age of an electronic smoking product or a HB 49 -4- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
(g) Selling or giving an electronic smoking product or a product containing HB0049b -5- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N nicotine to a person under 21 years of age [MINOR] is a violation and, upon conviction, is punishable by a fine of not less than $300.
(g) Selling or giving an electronic smoking product or a product containing HB0049a -5- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A nicotine to a person under 21 years of age [MINOR] is a violation and, upon conviction, is punishable by a fine of not less than $300.
A person whose license is suspended or revoked may not sell cigarettes, [OR] tobacco products, or electronic smoking products, or permit cigarettes, [OR] tobacco CSHB 49(L&C) -6- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N products, or electronic smoking products to be sold, during the period of the suspension or revocation on the premises occupied or controlled by that person.
A person whose license is suspended or revoked may not sell cigarettes, [OR] tobacco products, or electronic smoking products, or permit cigarettes, [OR] tobacco HB 49 -6- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A products, or electronic smoking products to be sold, during the period of the suspension or revocation on the premises occupied or controlled by that person.
or HB0049b -7- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N (B) the common or contract carrier verifies the age of the recipient as 21 years of age or older before delivery;
or HB0049a -7- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A (B) the common or contract carrier verifies the age of the recipient as 21 years of age or older before delivery;
(b) A person who is licensed under this chapter may not ship or cause to be shipped a tobacco product to a person in this state unless the person receiving the tobacco product CSHB 49(L&C) -8- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N (1) is licensed under this chapter;
(b) A person who is licensed under this chapter may not ship or cause to be shipped a tobacco product to a person in this state unless the person receiving the tobacco product HB 49 -8- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A (1) is licensed under this chapter;
(e) A person, other than a common or contract carrier, may not knowingly HB0049b -9- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N transport a tobacco product to a person in this state, unless the recipient of the tobacco product is a person described under (b)(1) - (5) of this section.
(e) A person, other than a common or contract carrier, may not knowingly HB0049a -9- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A transport a tobacco product to a person in this state, unless the recipient of the tobacco product is a person described under (b)(1) - (5) of this section.
(B) approved for sale by the United States Food and Drug Administration as a drug, drug product, including a drug product used to treat CSHB 49(L&C) -10- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N tobacco dependence, or combination product under 21 U.S.C.
(B) approved for sale by the United States Food and Drug Administration as a drug, drug product, including a drug product used to treat HB 49 -10- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A tobacco dependence, or combination product under 21 U.S.C.
(d) A license issued under this section must include the name and address of the licensee, the type of business to be conducted, and the year for which the license is HB0049b -11- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N issued.
(d) A license issued under this section must include the name and address of the licensee, the type of business to be conducted, and the year for which the license is HB0049a -11- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A issued.
A licensee shall keep a complete and accurate record of all electronic smoking products of the licensee, including purchase prices, sales prices, the names and addresses of the sellers, the dates of delivery, the quantities of CSHB 49(L&C) -12- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N electronic smoking products, and the trade names and brands.
A licensee shall keep a complete and accurate record of all electronic smoking products of the licensee, including purchase prices, sales prices, the names and addresses of the sellers, the dates of delivery, the quantities of HB 49 -12- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A electronic smoking products, and the trade names and brands.
or (5) is an individual 21 years of age or older and the individual's age was verified at the time of purchase though a third-party verification service, the individual is receiving the electronic smoking product for personal consumption, and HB0049b -13- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N the tax imposed on the electronic smoking product under this chapter has been paid.
or (5) is an individual 21 years of age or older and the individual's age was verified at the time of purchase though a third-party verification service, the individual is receiving the electronic smoking product for personal consumption, and HB0049a -13- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A the tax imposed on the electronic smoking product under this chapter has been paid.
CSHB 49(L&C) -14- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N (h) In addition to the criminal penalty under (g) of this section, the department may assess a civil penalty of not more than $5,000 for each violation of this section.
HB 49 -14- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A (h) In addition to the criminal penalty under (g) of this section, the department may assess a civil penalty of not more than $5,000 for each violation of this section.
HB0049b -15- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N (2) does not include (A) discounts, including cash or coupons that are not reimbursed by a third party, that are allowed by a seller and taken by a purchaser on a sale;
HB0049a -15- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A (2) does not include (A) discounts, including cash or coupons that are not reimbursed by a third party, that are allowed by a seller and taken by a purchaser on a sale;
(B) does not include a (i) battery, battery charger, heating element, electronic CSHB 49(L&C) -16- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N coil, or mouthpiece intended for use in an electronic smoking product, when sold separately from the electronic smoking product;
(B) does not include a (i) battery, battery charger, heating element, electronic HB 49 -16- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A coil, or mouthpiece intended for use in an electronic smoking product, when sold separately from the electronic smoking product;
If a hearing is requested under this subsection, an administrative HB0049b -17- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N law judge of the office of administrative hearings (AS 44.64.010) shall determine the issues by using the preponderance of the evidence test and shall, to the extent they do not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the manner provided by regulations of the department.
If a hearing is requested under this subsection, an administrative HB0049a -17- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A law judge of the office of administrative hearings (AS 44.64.010) shall determine the issues by using the preponderance of the evidence test and shall, to the extent they do not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the manner provided by regulations of the department.
(B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 at a location or outlet in a location for which the person holds a business license endorsement, or had an agent or employee previously violate CSHB 49(L&C) -18- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
(B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 at a location or outlet in a location for which the person holds a business license endorsement, or had an agent or employee previously violate HB 49 -18- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
(6) established and enforced disciplinary sanctions for noncompliance with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, HB0049b -19- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N and 11.76.109;
(6) established and enforced disciplinary sanctions for noncompliance with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, HB0049a -19- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A and 11.76.109;
CSHB 49(L&C) -20- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N (iv) a vapor product used in a device or product described in (i) or (ii) of this subparagraph;
HB 49 -20- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A (iv) a vapor product used in a device or product described in (i) or (ii) of this subparagraph;
(v) AN e-CIGARETTE, e-CIGAR, e-PIPE, e- HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY SHAPE SOLD TOGETHER WITH A SOLUTION, VAPOR HB0049b -21- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N PRODUCT, OR OTHER SIMILAR PRODUCT AS A DISPOSABLE NONREFILLABLE UNIT;
(v) AN e-CIGARETTE, e-CIGAR, e-PIPE, e- HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY SHAPE SOLD TOGETHER WITH A SOLUTION, VAPOR HB0049a -21- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A PRODUCT, OR OTHER SIMILAR PRODUCT AS A DISPOSABLE NONREFILLABLE UNIT;
in place of any fine imposed for CSHB 49(L&C) -22- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\N the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work;
in place of any fine imposed for HB 49 -22- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0368\A the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work;
HB0049b -23- CSHB 49(L&C) New Text Underlined [DELETED TEXT BRACKETED]
HB0049a -23- HB 49 New Text Underlined [DELETED TEXT BRACKETED]
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill raises the minimum age to purchase, exchange, or possess tobacco and electronic smoking products from 19 to 21 years in Alaska.

  • AS 11.76.100(a)

    19 → 21

    The minimum age for selling or giving tobacco products to a person is increased from 19 to 21 years.

  • AS 11.76.100(a)

    MINOR

    The term 'minor' is removed for clarity, using age criteria instead.

  • AS 11.76.100(b)

    19 → 21

    The age limit for people maintaining vending machines for tobacco products is raised from 19 to 21.

  • AS 11.76.105(a)

    19 → 21

    The possession of tobacco and smoking products by those under 21 is now prohibited instead of under 19.

  • AS 11.76.105(b)

    19 → 21

    Defenses for possession of electronic smoking products are adjusted to exclude those under 21 instead of 19.

  • AS 11.76.105(c)

    MINOR

    Clarification on violation penalties removes the term 'minor' in favor of age-specific language.

  • AS 11.76.105(f)

    MINOR

    A provision excluding workers aged 19 or 20 from certain offenses related to possession is clarified.

  • AS 11.76.109(a)

    19 → 21

    The offense of selling or giving electronic smoking products to those under 21 is established instead of under 19.

  • AS 11.76.109(b)

    19 → 21

    Similar defense provisions for electronic smoking products are updated to apply to those under 21.

  • AS 11.76.109(g)

    MINOR

    Penalties for selling electronic smoking products to a minor are revised to reflect the new age threshold.

  • AS 10.81.900(b)

    "nicotine" includes a chemical or chemical compound intended, when introduced into the human body, to mimic or simulate the effect of nicotine from tobacco.

    Definition of nicotine is expanded to include synthetic compounds mimicking its effects.

  • AS 37.05.580(a)

    THERE IS CREATED AS A SPECIAL ACCOUNT IN THE GENERAL FUND THE → The

    The language regarding the establishment of the tobacco use education and cessation fund is clarified.

Action History

  1. (H) COSPONSOR(S): CARRICK

  2. (H) Minutes (HFIN)

  3. (H) Heard & Held -- Delayed to 2:10 pm --

  4. (H) FINANCE at 01:30 PM ADAMS 519

  5. (H) COSPONSOR(S): GALVIN

  6. (H) REFERRED TO FINANCE

  7. (H) FN8: ZERO(AJS)

  8. (H) FN7: (REV)

  9. (H) FN6: ZERO(DPS)

  10. (H) FN5: ZERO(LAW)

  11. (H) FN4: ZERO(DOH)

  12. (H) FN3: ZERO(CED)

  13. (H) FN2: ZERO(ADM)

  14. (H) FN1: ZERO(ADM)

  15. (H) NR: NELSON

  16. (H) DNP: COULOMBE

  17. (H) DP: CARRICK, BURKE, FIELDS, HALL

  18. (H) L&C RPT CS(L&C) 4DP 1DNP 1NR

  19. (H) Minutes (HL&C)

  20. (H) Moved CSHB 49(L&C) Out of Committee

  21. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  22. (H) Minutes (HL&C)

  23. (H) <Bill Hearing Canceled>

  24. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  25. (H) Minutes (HL&C)

  26. (H) Heard & Held

  27. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  28. (H) L&C, FIN

  29. (H) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 62 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (62)

62 members have not signed on to this bill.

Show all 62 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety taxation healthcare education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 49?
HB 49 is sponsored by Ashley Carrick (D), Alyse Galvin (N), and Sara Hannan (D).
What is the current status of HB 49?
This bill is in committee in the House. Introduced January 22, 2025. It must pass committee before a floor vote.
Where can I track HB 49?
Track HB 49 free on One Click Politics — get push/email alerts when it moves.

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