View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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