Bill Text: IA HSB539 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating the criminal offense of defrauding a drug or alcohol test in a private-sector workplace for employment purposes and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-18 - Committee report, recommending amendment and passage. H.J. 297. [HSB539 Detail]
Download: Iowa-2019-HSB539-Introduced.html
House
Study
Bill
539
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
creating
the
criminal
offense
of
defrauding
a
drug
or
1
alcohol
test
in
a
private-sector
workplace
for
employment
2
purposes
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
715A.1,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Synthetic
urine”
means
any
substance
3
that
is
designed
to
simulate
the
composition,
chemical
4
properties,
physical
appearance,
or
physical
properties
of
5
human
urine
for
the
purpose
of
defrauding
a
drug
or
alcohol
6
test.
7
NEW
SUBSECTION
.
1B.
“Urine
additive”
means
any
substance
8
that
is
designed
to
be
added
to
human
urine
for
the
purpose
of
9
defrauding
a
drug
or
alcohol
test.
10
Sec.
2.
NEW
SECTION
.
715A.11
Synthetic
urine
and
urine
11
additives
——
defrauding
drug
or
alcohol
test.
12
1.
A
person
shall
not
manufacture,
market,
sell,
13
distribute,
use,
or
possess
synthetic
urine
or
a
urine
additive
14
for
the
purpose
of
defrauding
a
drug
or
alcohol
test
given
in
a
15
private-sector
workplace
pursuant
to
section
730.5.
16
2.
A
person
shall
not
knowingly
use
the
person’s
own
urine
17
expelled
or
withdrawn
prior
to
the
collection
of
a
urine
18
sample
from
the
person
for
a
drug
or
alcohol
test
given
in
19
a
private-sector
workplace
pursuant
to
section
730.5
for
the
20
purpose
of
defrauding
a
drug
or
alcohol
test.
21
3.
A
person
shall
not
knowingly
use
the
urine
of
another
22
person
for
the
purpose
of
defrauding
a
drug
or
alcohol
test
23
given
in
a
private-sector
workplace
pursuant
to
section
730.5.
24
4.
This
section
shall
not
apply
to
the
manufacture,
25
marketing,
sale,
distribution,
use,
or
possession
of
synthetic
26
urine
or
a
urine
additive
if
the
manufacture,
marketing,
sale,
27
distribution,
use,
or
possession
is
solely
for
educational
or
28
law
enforcement
purposes.
29
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
30
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
31
each
subsequent
offense.
32
6.
Except
as
prohibited
by
law,
a
person
who
collects
33
a
urine
sample
from
another
person
for
a
drug
or
alcohol
34
test
given
in
a
private-sector
workplace
pursuant
to
section
35
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730.5,
having
knowledge
or
a
reasonable
suspicion
that
the
1
other
person
has
used
synthetic
urine
or
a
urine
additive
to
2
defraud
the
test
in
violation
of
subsection
1,
may
report
such
3
information
to
law
enforcement
authorities.
4
7.
Notwithstanding
any
other
law
to
the
contrary,
the
5
prosecution
of
a
person
for
a
violation
of
this
section
6
shall
not
preclude
a
prosecution
of
that
person
under
other
7
applicable
law.
8
8.
This
section
shall
not
be
construed
to
encourage,
9
conflict
with,
or
otherwise
interfere
with
the
preemption
of
10
any
federal,
state,
or
local
laws
or
regulations
related
to
11
drug
and
alcohol
testing
procedures
and
confidentiality.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
creates
the
criminal
offense
of
defrauding
a
drug
16
or
alcohol
test
in
a
private-sector
workplace.
17
The
bill
prohibits
a
person
from
manufacturing,
marketing,
18
selling,
distributing,
using,
or
possessing
synthetic
urine
19
or
a
urine
additive
for
the
purpose
of
defrauding
a
drug
or
20
alcohol
test
given
in
a
private-sector
workplace
pursuant
to
21
Code
section
730.5;
prohibits
a
person
from
knowingly
using
22
the
person’s
own
urine
expelled
or
withdrawn
prior
to
the
23
collection
of
a
urine
sample
from
the
person
for
a
drug
or
24
alcohol
test
given
pursuant
to
Code
section
730.5
for
the
25
purpose
of
defrauding
a
drug
or
alcohol
test;
and
prohibits
26
a
person
from
knowingly
using
the
urine
of
another
person
27
to
defraud
a
drug
or
alcohol
test
given
in
a
private-sector
28
workplace
pursuant
to
Code
section
730.5.
29
The
bill
provides
that
prosecution
of
a
person
for
a
30
violation
of
the
bill
does
not
preclude
prosecution
of
that
31
person
under
other
applicable
law.
The
bill
shall
not
be
32
construed
to
encourage,
conflict
with,
or
otherwise
interfere
33
with
the
preemption
of
any
federal,
state,
or
local
laws
or
34
regulations
relating
to
drug
or
alcohol
testing
procedures
and
35
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confidentiality.
1
The
bill
does
not
apply
to
the
manufacture,
marketing,
sale,
2
distribution,
use,
or
possession
of
synthetic
urine
or
a
urine
3
additive
if
the
manufacture,
marketing,
sale,
distribution,
4
use,
or
possession
is
solely
for
educational
or
law
enforcement
5
purposes.
6
A
person
who
violates
the
bill
commits
a
simple
misdemeanor
7
for
an
initial
offense
and
a
serious
misdemeanor
for
all
8
subsequent
offenses.
9
A
simple
misdemeanor
is
punishable
by
confinement
for
no
10
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
11
$625
or
by
both.
A
serious
misdemeanor
is
punishable
by
12
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
13
$315
but
not
more
than
$1,875.
14
The
bill
allows
a
person
who
collects
a
urine
sample
15
from
another
person
for
a
drug
or
alcohol
test
given
in
a
16
private-sector
workplace
pursuant
to
Code
section
730.5,
having
17
knowledge
or
a
reasonable
suspicion
that
the
other
person
18
has
used
synthetic
urine
or
a
urine
additive
in
violation
19
of
the
bill,
to
report
such
information
to
law
enforcement
20
authorities.
21
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