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COMMITTEE ON LEGISLATION Joint with the Committee on Health & Public Safety & Criminal Justice

MINUTES: OCTOBER 4, 2004

MEMBERS: Acting Chair: Stewart-Cousins; Legislators: Abinanti, Bronz, Latimer, Mosiello, Oros, Pinto.

HEALTH MEMBERS: Chair: Andrea Stewart-Cousins; Legislators: Abinanti, Latimer, Oros

PSCJ MEMBERS: Acting Chair: Mosiello; Legislators: Astorino, Kaplowitz.

IN ATTENDANCE: BOL: Ettere, Schecter, Chang, Mauro, Barahona (Intern); CEO: A. Neuman, K. Ryan; LAW: B. McGrath, M. Nicolas-Brewster, L. Cipollo; HEALTH: J. Lipsman; PUBLIC SAFETY: T. Belfiore; STOP-DWI: T. Meier Glicksman; SPIRIT PARTNERS: K. Morse.

The Committees on Legislation, Health and Public Safety and Criminal Justice were called to order at 3:23 p.m.

Item #64 – AWOL Machine Prohibition

Item # 64 is a proposed local law that would amend the Laws of Westchester County with respect to prohibiting the purchase, sale, possession with the intent to use or use of alcoholic beverage vaporizers. These vaporizers allow alcoholic beverages to be mixed with pressurized oxygen resulting in a vapor that can be inhaled or snorted. It has been introduced to protect the health, safety and welfare of Westchester residents from an unfamiliar product that the Administration feels can do much more harm than good. It has been said that through the process of inhaling alcohol vapor it will have an immediate impact on the brain, bypassing the stomach and liver, which normally serve to detoxify and dilute the alcohol. There is another concern that this product may be able to “fool” a breathalyzer machine nevertheless increasing the odds of users driving a motor vehicle while under the influence of alcohol.

Commissioner Belfiore stated that this type of product will have a direct affect on the public safety of County residents.

Spirit Partners, sole distributors of AWOL (Alcohol without liquid) machines has been accused of inappropriately advertising the product. The web site quotes the product as “a wild way to party” and appears to be aimed at adolescents. (www.awolusa.com)

An article regarding Suffolk County’s recently approved ban of AWOL Machines; a copy of legislation introduced by State Senator Nick Spano prohibiting the offer, sale, service, delivery or possession of these machines; and a letter from MADD (Mothers Against Drunk Driving) supporting this proposal are all on file.

Mr. Kevin Morse, Spirit Partners of North Carolina, refuted the above claims. He stated that the product does not “fool” breathalyzers and that it takes roughly 20 minutes to inhale a ¼ standard shot glass of alcohol compared to the roughly 3 seconds it would take to swallow an entire shot of alcohol. A demonstration followed. The product can not be altered to increase the alcohol chamber size.

A lengthy discussion and debate followed.

Mr. Morse stated that he was willing to keep the product from being distributed within Westchester County until results of a study regarding the health impacts of such a machine is completed by Spirit Partners at the request of Committee members. He further stated his appreciation to address the Legislature as he had not been given the same opportunity by neighboring counties.

Further discussion is expected.

Item # 47 – Methamphetamine Precursor Products

Item # 47 is a proposed local law restricting a one time sale of Methamphetamine Precursor Products (totally 9 grams or more) packaged in blister packs within Westchester County.

Due to the length of the discussion on the previous item, Item #47 was not discussed at this time.

The Committee on Public Safety and Criminal Justice was adjourned at 4:16 p.m.

The Committees on Legislation and Health were adjourned at 4:23 p.m.

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