H.B. 16 Fraudulent Drug Testing Amendments

Bill Sponsor:

Rep. Eliason, Steve
  • Drafting Attorney: Esther D. Chelsea-McCarty
  • Fiscal Analyst: Alexander R. Wilson




  • 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


H.B. 16

1     
FRAUDULENT DRUG TESTING AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate 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16     bodily fluid of another person, or bodily fluid expelled or withdrawn before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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
12/18/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
12/18/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/7/2019 House/ received bill from Legislative ResearchClerk of the House
1/28/2019 House/ received fiscal note from Fiscal AnalystClerk of the House
1/28/2019 House/ 1st reading (Introduced)House Rules Committee
1/28/2019 House/ Rules to 3rd Reading CalendarHouse 3rd Reading Calendar for House bills
1/28/2019 (11:29:07 AM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
1/28/2019 (11:38:19 AM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
1/28/2019 (11:38:38 AM)House/ circledHouse 3rd Reading Calendar for House billsVoice vote
2/14/2019 (12:04:04 PM)House/ uncircledHouse 3rd Reading Calendar for House billsVoice vote
2/14/2019 (12:04:46 PM)House/ substituted from # 0 to # 1House 3rd Reading Calendar for House billsVoice vote
2/14/2019 (12:18:08 PM)House/ circledHouse 3rd Reading Calendar for House billsVoice vote
2/15/2019 (11:19:09 AM)House/ uncircledHouse 3rd Reading Calendar for House billsVoice vote
2/15/2019 (11:20:52 AM)House/ floor amendment # 1House 3rd Reading Calendar for House billsVoice vote
2/15/2019 (11:22:42 AM)House/ passed 3rd readingSenate Secretary61 8 6
2/15/2019 (11:22:44 AM)House/ to SenateSenate Secretary
2/15/2019 Senate/ received from HouseWaiting for Introduction in the Senate
2/15/2019 Senate/ 1st reading (Introduced)Senate Rules Committee
2/18/2019 LFA/ fiscal note sent to sponsorSenate Rules Committee
2/18/2019 LFA/ fiscal note publicly availableSenate Rules Committee
2/21/2019 Senate/ to standing committeeSenate Judiciary, Law Enforcement, and Criminal Justice Committee
2/25/2019 Senate Comm - Favorable RecommendationSenate Judiciary, Law Enforcement, and Criminal Justice Committee5 0 3
2/25/2019 (2:18:30 PM)Senate/ committee report favorableSenate Judiciary, Law Enforcement, and Criminal Justice Committee
2/25/2019 (2:18:31 PM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/27/2019 (3:38:59 PM)Senate/ 2nd readingSenate 2nd Reading Calendar
2/27/2019 (3:41:05 PM)Senate/ floor amendment # 2Senate 2nd Reading CalendarVoice vote
2/27/2019 (3:46:45 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar27 0 2
2/28/2019 (11:43:40 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
2/28/2019 (11:46:12 AM)Senate/ passed 3rd readingClerk of the House26 1 2
2/28/2019 (11:46:13 AM)Senate/ to House with amendmentsClerk of the House
2/28/2019 (5:02:01 PM)House/ received from SenateClerk of the House
2/28/2019 (5:02:02 PM)House/ placed on Concurrence CalendarHouse Concurrence Calendar
3/1/2019 (10:17:16 AM)House/ concurs with Senate amendmentSenate President57 3 15
3/1/2019 (10:17:17 AM)House/ to SenateSenate President
3/1/2019 Senate/ received from HouseSenate President
3/1/2019 Senate/ signed by President/ returned to HouseHouse Speaker
3/1/2019 Senate/ to HouseHouse Speaker
3/1/2019 House/ received from SenateHouse Speaker
3/1/2019 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/4/2019 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/4/2019 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/20/2019 Enrolled Bill Returned to House or SenateClerk of the House
3/20/2019 House/ enrolled bill to PrintingClerk of the House
3/20/2019 House/ received enrolled bill from PrintingClerk of the House
3/21/2019 House/ received enrolled bill from PrintingClerk of the House
3/21/2019 House/ to GovernorExecutive Branch - Governor
3/22/2019 Governor SignedLieutenant Governor's office for filing