H.B. 16 Fraudulent Drug Testing Amendments
Bill Sponsor: ![]() Rep. Eliason, Steve | Floor Sponsor: ![]() Sen. Christensen, Allen M. |
- Substitute Sponsor: Rep. Eliason, Steve
- Drafting Attorney: Esther D. Chelsea-McCarty
- Fiscal Analyst: Alexander R. Wilson
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 22 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 097
- Similar Bills
Enrolled
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H.B. 16
1 FRAUDULENT DRUG TESTING AMENDMENTS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Steve Eliason
5Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill relates to defrauding an alcohol or drug test.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ makes it a criminal offense to distribute, possess, or sell an adulterant or synthetic
14 urine;
15 ▸ makes it a criminal offense to defraud an alcohol or drug test using an adulterant,
16 bodily fluid of another person, or bodily fluid expelled or withdrawn before
17 collection for the test;
18 ▸ exempts from criminal liability a person who distributes, possesses, sells, or uses an
19 adulterant or human or synthetic urine for the sole purpose of education or research;
20 and
21 ▸ requires the entity that collects specimens for the purpose of testing that becomes
22 aware that an adulterated sample or synthetic urine was submitted for screening
23 report it to the requesting employer and the Department of Public Safety.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 76-10-2203, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 76-10-2203 is enacted to read:
34 76-10-2203. Possession, sale, or use of an adulterant or synthetic urine.
35 (1) As used in this section, "adulterant" means a substance that may be added to human
36 urine or another human bodily fluid to change, dilute, or interfere with the composition,
37 chemical properties, physical appearance, or physical properties of the urine or other bodily
38 fluid.
39 (2) Under circumstances not amounting to a violation of Section 76-8-510.5, it is
40 unlawful for a person to:
41 (a) distribute, possess, or sell synthetic urine;
42 (b) distribute or sell an adulterant with:
43 (i) intent that the adulterant be used to defeat or defraud an alcohol or drug screening
44 test; or
45 (ii) knowledge that the recipient of the adulterant intends to use the adulterant to defeat
46 or defraud an alcohol or drug screening test;
47 (c) possess an adulterant with intent to use the adulterant to defeat or defraud an
48 alcohol or drug screening test; or
49 (d) intentionally use:
50 (i) an adulterant to defeat or defraud an alcohol or drug screening test;
51 (ii) the person's urine or bodily fluid to defeat or defraud an alcohol or drug screening
52 test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or
53 bodily fluid is collected for the test; or
54 (iii) the urine or bodily fluid of another person to defeat or defraud an alcohol or drug
55 screening test.
56 (3) A person who violates this section is guilty of an infraction.
57 (4) A person is not guilty of a violation of this section for engaging in conduct
58 described in this section for the sole purpose of education or medical or scientific research.
59 (5) This section does not apply to persons currently under:
60 (a) court-ordered supervision; or
61 (b) the supervision of the Board of Pardons and Parole.
62 (6) An entity that collects specimens for the purpose of testing and screening, and
63 reports the results back to an employer shall report to the employer and the Department of
64 Public Safety if a report is received that indicates that adulterated or synthetic urine was
65 submitted for an alcohol or drug screening test.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill relates to defrauding an alcohol or drug test.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ makes it a criminal offense to distribute, possess, or sell an adulterant or synthetic
14 urine;
15 ▸ makes it a criminal offense to defraud an alcohol or drug test using an adulterant,
16 bodily fluid of another person, or bodily fluid expelled or withdrawn before
17 collection for the test;
18 ▸ exempts from criminal liability a person who distributes, possesses, sells, or uses an
19 adulterant or human or synthetic urine for the sole purpose of education or research;
20 and
21 ▸ requires the entity that collects specimens for the purpose of testing that becomes
22 aware that an adulterated sample or synthetic urine was submitted for screening
23 report it to the requesting employer and the Department of Public Safety.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 76-10-2203, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 76-10-2203 is enacted to read:
34 76-10-2203. Possession, sale, or use of an adulterant or synthetic urine.
35 (1) As used in this section, "adulterant" means a substance that may be added to human
36 urine or another human bodily fluid to change, dilute, or interfere with the composition,
37 chemical properties, physical appearance, or physical properties of the urine or other bodily
38 fluid.
39 (2) Under circumstances not amounting to a violation of Section 76-8-510.5, it is
40 unlawful for a person to:
41 (a) distribute, possess, or sell synthetic urine;
42 (b) distribute or sell an adulterant with:
43 (i) intent that the adulterant be used to defeat or defraud an alcohol or drug screening
44 test; or
45 (ii) knowledge that the recipient of the adulterant intends to use the adulterant to defeat
46 or defraud an alcohol or drug screening test;
47 (c) possess an adulterant with intent to use the adulterant to defeat or defraud an
48 alcohol or drug screening test; or
49 (d) intentionally use:
50 (i) an adulterant to defeat or defraud an alcohol or drug screening test;
51 (ii) the person's urine or bodily fluid to defeat or defraud an alcohol or drug screening
52 test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or
53 bodily fluid is collected for the test; or
54 (iii) the urine or bodily fluid of another person to defeat or defraud an alcohol or drug
55 screening test.
56 (3) A person who violates this section is guilty of an infraction.
57 (4) A person is not guilty of a violation of this section for engaging in conduct
58 described in this section for the sole purpose of education or medical or scientific research.
59 (5) This section does not apply to persons currently under:
60 (a) court-ordered supervision; or
61 (b) the supervision of the Board of Pardons and Parole.
62 (6) An entity that collects specimens for the purpose of testing and screening, and
63 reports the results back to an employer shall report to the employer and the Department of
64 Public Safety if a report is received that indicates that adulterated or synthetic urine was
65 submitted for an alcohol or drug screening test.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
12/18/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
12/18/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/7/2019 | House/ received bill from Legislative Research | Clerk of the House | |
1/28/2019 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
1/28/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
1/28/2019 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for House bills | |
1/28/2019 (11:29:07 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
1/28/2019 (11:38:19 AM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
1/28/2019 (11:38:38 AM) | House/ circled | House 3rd Reading Calendar for House bills | Voice vote |
2/14/2019 (12:04:04 PM) | House/ uncircled | House 3rd Reading Calendar for House bills | Voice vote |
2/14/2019 (12:04:46 PM) | House/ substituted from # 0 to # 1 | House 3rd Reading Calendar for House bills | Voice vote |
2/14/2019 (12:18:08 PM) | House/ circled | House 3rd Reading Calendar for House bills | Voice vote |
2/15/2019 (11:19:09 AM) | House/ uncircled | House 3rd Reading Calendar for House bills | Voice vote |
2/15/2019 (11:20:52 AM) | House/ floor amendment # 1 | House 3rd Reading Calendar for House bills | Voice vote |
2/15/2019 (11:22:42 AM) | House/ passed 3rd reading | Senate Secretary | 61 8 6 |
2/15/2019 (11:22:44 AM) | House/ to Senate | Senate Secretary | |
2/15/2019 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/15/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/18/2019 | LFA/ fiscal note sent to sponsor | Senate Rules Committee | |
2/18/2019 | LFA/ fiscal note publicly available | Senate Rules Committee | |
2/21/2019 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/25/2019 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 5 0 3 |
2/25/2019 (2:18:30 PM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/25/2019 (2:18:31 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/27/2019 (3:38:59 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/27/2019 (3:41:05 PM) | Senate/ floor amendment # 2 | Senate 2nd Reading Calendar | Voice vote |
2/27/2019 (3:46:45 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 27 0 2 |
2/28/2019 (11:43:40 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/28/2019 (11:46:12 AM) | Senate/ passed 3rd reading | Clerk of the House | 26 1 2 |
2/28/2019 (11:46:13 AM) | Senate/ to House with amendments | Clerk of the House | |
2/28/2019 (5:02:01 PM) | House/ received from Senate | Clerk of the House | |
2/28/2019 (5:02:02 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
3/1/2019 (10:17:16 AM) | House/ concurs with Senate amendment | Senate President | 57 3 15 |
3/1/2019 (10:17:17 AM) | House/ to Senate | Senate President | |
3/1/2019 | Senate/ received from House | Senate President | |
3/1/2019 | Senate/ signed by President/ returned to House | House Speaker | |
3/1/2019 | Senate/ to House | House Speaker | |
3/1/2019 | House/ received from Senate | House Speaker | |
3/1/2019 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/4/2019 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/4/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/20/2019 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/20/2019 | House/ enrolled bill to Printing | Clerk of the House | |
3/20/2019 | House/ received enrolled bill from Printing | Clerk of the House | |
3/21/2019 | House/ received enrolled bill from Printing | Clerk of the House | |
3/21/2019 | House/ to Governor | Executive Branch - Governor | |
3/22/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 1 (1/28/2019) [HB16]
- House Floor Audio, Day 18 (2/14/2019) [HB16S1]
- House Floor Audio, Day 19 (2/15/2019) [HB16S1]
- Senate Floor Audio, Day 30 (2/27/2019) [1HB16 Fraudulent Drug Testing Amendments, Christensen]
- Senate Floor Audio, Day 31 (2/28/2019) [1HB16 Fraudulent Drug Testing Amendments, Christensen]
- House Floor Audio, Day 32 (3/1/2019) [HB16S1]