State Senator Gary Stevens, a Republican from Kodiak, is hoping the sixth time's the charm for his proposed bill to raise the minimum age for smokers to buy tobacco or e-cigarettes in Alaska. Stevens hopes the bill prevents and educates teenagers about electronic smoking products like vapes.
For the last ten years, since the 2015-2016 session, state Senator Gary Stevens of Kodiak has been trying to raise the minimum age in Alaska to smoke tobacco and e-cigarettes from 19 to 21. The federal government has held that the minimum age to buy, possess, or consume tobacco products is 21 years-old and the same goes for e-cigarettes or vape products which was changed at the federal level in late 2019.
Stevens said his bill, Senate Bill 24, would raise the minimum age to align with the national law, create a tax and establish a smoking prevention and education fund with the money generated by the tax. He pre-filed the bill this most recent time ahead of the legislative session, which started last month on Jan 21.
“That’s a bill that I really hope will get passed before I leave the Legislature because I think it’s an important one," Stevens stated. "We know that e-cigs are a problem with our kids who are getting addicted to it, and it’s causing a lot of disruption in our school districts.”
The Kodiak Island Borough School District’s superintendent Cyndy Mika said in an emailed statement of support that, “As educators, our top priority is the health and well-being of our students. Raising the legal age for purchasing and possessing e-cigarettes and cigarettes to 21 through Alaska SB 24 and HB 49 is a critical step in protecting young people from the dangers of nicotine addiction and lifelong health risks. These measures help keep harmful products out of the hands of our youth and reinforce the importance of making healthy choices.”
In 2022 Stevens bill *did* pass both chambers of the state legislature with bipartisan support. But Gov. Mike Dunleavy vetoed it. At the time Dunleavy said he could not support a tax increase on the people of Alaska. That 2022 bill included an excise tax of 35% of the wholesale value of electronic smoking products or ESPs.
Stevens said he is hopeful that this time around his bill, or the companion version in the House [HB 49], both of which contain a tax on electronic smoking products, will become law this year in spite of Dunleavy’s opposition to the tax element.
State Representative Sara Hannan of Juneau is sponsoring the house version of the bill [HB 49] which also includes an excise tax on all electronic smoking products. Members of the Cigar Association of America, the Taxpayers Protection Alliance and a vapor shop owner in Fairbanks all gave public comment opposing HB 49.
According to the Alaska Department of Health's Alaska Tobacco Facts 2023 report, roughly a quarter of high-schoolers in 2019 statewide used e-cigarettes or electronic vapor products. And roughly half of those students are obtaining e-cigs by bumming them off someone else or purchasing them online according to the same state report.
According to an overview given to the legislative House Labor and Commerce committee last month on Jan. 29, students are using their electronic smoking products on school grounds - like in bathrooms or locker rooms- making it difficult for school districts to prevent.
If a Kodiak High School student possesses or uses tobacco or vapes on school grounds then the student handbook lists the possibility of out of school suspension and or possibly contacting law enforcement as potential punitive actions against the student.
Senator Stevens acknowledges that his bill won’t be able to fully stop young people from getting their hands on vapes or e-cigs, but the proposed legislation includes a measure to combat this trend through education.
“One thing it would do, raising it from 19 to 21 brings in federal funds that helps in educating kids," Stevens said. "So maybe that’s the best approach with younger children is education, so they understand the impact of becoming addicted to e-cigarettes and it is truly an addiction."
Stevens’ pre-filed bill, Senate Bill 24, has yet to have a hearing as of Feb. 11. He said he welcomes public comment and testimony on any of these bills during legislative hearings. To sign up to give comment on a bill, contact the local Legislative Information Office (LIO) in Kodiak by calling 907 486 8116.
If either bill becomes law, a tax of "25% on the retail sales price of closed-system electronic smoking and vapor products" would be levied statewide. All taxes collected would be deposited into a state Tobacco Use Education and Cessation Fund, which either of the two bills would establish, to prevent and or detect the use of these products in schools.
