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S1351......................................................by STATE AFFAIRS
ALCOHOL - Adds to existing law to define terms; to prohibit alcohol without
liquid devices, with exceptions; to provide for rules; to provide
penalties; and to provide that an alcohol without liquid device that is not
authorized is declared to be a public nuisance and shall be referred to as
a liquor nuisance.
02/03 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
02/15 House intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Hart, McGeachin
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 254
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1351
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REGULATION OF ALCOHOL; AMENDING CHAPTER 6, TITLE 23, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 23-616, IDAHO CODE, TO DEFINE TERMS, TO
4 PROHIBIT ALCOHOL WITHOUT LIQUID DEVICE WITH EXCEPTIONS, TO PROVIDE RULES,
5 TO PROVIDE PENALTIES AND TO PROVIDE THAT AN ALCOHOL WITHOUT LIQUID DEVICE
6 THAT IS NOT AUTHORIZED IS DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE
7 REFERRED TO AS A LIQUOR NUISANCE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 6, Title 23, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 23-616, Idaho Code, and to read as follows:
12 23-616. ALCOHOL WITHOUT LIQUID DEVICE. (1) As used in this section:
13 (a) "Alcohol without liquid device" means any machine, device or process
14 that mixes an alcoholic product with oxygen or another gas to produce
15 vaporized alcohol for the purpose of consumption through inhalation.
16 (b) "Vaporized alcohol" means an alcoholic product created by mixing
17 alcohol with oxygen or another gas to produce a vapor or mist for the pur-
18 pose of consumption through inhalation.
19 (2) A person shall not use or offer for use, possess, purchase, sell or
20 offer for sale an alcohol without liquid device. A premise licensed pursuant
21 to chapter 9, 10 or 13, title 23, Idaho Code, shall not use or offer for use,
22 possess, purchase, sell or offer for sale an alcohol without liquid device.
23 (3) The Idaho state police may promulgate rules to allow for the posses-
24 sion, sale or use of an alcohol without liquid device by certain hospitals,
25 universities, or pharmaceutical or biotechnology companies for bona fide
26 research or medical purposes.
27 (4) A person who violates this section shall be guilty of a misdemeanor.
28 Upon conviction or a finding of guilt of a second or subsequent violation of
29 this section, the defendant shall be punished by a fine of not less than three
30 hundred dollars ($300), nor more than one thousand dollars ($1,000) or by
31 imprisonment in the county jail for not less than three (3) months, nor more
32 than one (1) year, or by both such fine and imprisonment.
33 (5) An alcohol without liquid device as defined in this section and
34 except as in this section authorized is hereby declared to be a public nui-
35 sance and in this title is referred to as a liquor nuisance pursuant to sec-
36 tion 23-701, Idaho Code.
STATEMENT OF PURPOSE
RS 15872
The purpose of this legislation is to prohibit the use, possession,
purchase or sale of alcohol without liquid (AWOL) devices and to
provide for violation to be punishable as a misdemeanor. An
alcohol without liquid device vaporizes alcohol for inhalation
causing rapid intoxication that may lead to brain damage and other
serious physical and mental disorders.
FISCAL NOTE
There is no direct fiscal impact to the General Fund or local
government.
Contact
Name: Senator Brent Hill
Phone: 208-332-1347
STATEMENT OF PURPOSE/FISCAL NOTE S 1351