Senate File 329 - Introduced SENATE FILE 329 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 1047) (COMPANION TO HF 283 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act creating the criminal offense of defrauding a drug or 1 alcohol test and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1216SV (1) 89 as/rh

S.F. 329 Section 1. Section 715A.1, Code 2021, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 1A. “Drug or alcohol test” includes a drug 3 or alcohol test given in a private-sector workplace pursuant 4 to section 730.5 and a drug or alcohol test given by a public 5 employer. 6 NEW SUBSECTION . 1B. “Public employer” means the state, 7 its boards, commissions, agencies, and departments, and its 8 political subdivisions including school districts and other 9 special purpose districts. 10 NEW SUBSECTION . 1C. “Synthetic urine” means any substance 11 that is designed to simulate the composition, chemical 12 properties, physical appearance, or physical properties of 13 human urine for the purpose of defrauding a drug or alcohol 14 test. 15 NEW SUBSECTION . 1D. “Urine additive” means any substance 16 that is designed to be added to human urine for the purpose of 17 defrauding a drug or alcohol test. 18 Sec. 2. NEW SECTION . 715A.11 Synthetic urine and urine 19 additives —— defrauding drug or alcohol test. 20 1. A person shall not manufacture, market, sell, 21 distribute, use, or possess synthetic urine or a urine additive 22 for the purpose of defrauding a drug or alcohol test. 23 2. A person shall not knowingly use the person’s own urine 24 expelled or withdrawn prior to the collection of a urine sample 25 from the person for a drug or alcohol test for the purpose of 26 defrauding a drug or alcohol test. 27 3. A person shall not knowingly use the urine of another 28 person for the purpose of defrauding a drug or alcohol test. 29 4. This section shall not apply to the manufacture, 30 marketing, sale, distribution, use, or possession of synthetic 31 urine or a urine additive if the manufacture, marketing, sale, 32 distribution, use, or possession is solely for educational or 33 law enforcement purposes. 34 5. A person who violates this section is guilty of a simple 35 -1- LSB 1216SV (1) 89 as/rh 1/ 3

S.F. 329 misdemeanor for a first offense and a serious misdemeanor for 1 each subsequent offense. 2 6. Except as prohibited by law, a person who collects 3 a urine sample from another person for a drug or alcohol 4 test, having knowledge or a reasonable suspicion that the 5 other person has used synthetic urine or a urine additive to 6 defraud the test in violation of subsection 1, may report such 7 information to law enforcement authorities. 8 7. Notwithstanding any other law to the contrary, the 9 prosecution of a person for a violation of this section 10 shall not preclude a prosecution of that person under other 11 applicable law. 12 8. This section shall not be construed to encourage, 13 conflict with, or otherwise interfere with the preemption of 14 any federal, state, or local laws or regulations related to 15 drug and alcohol testing procedures and confidentiality. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill creates the criminal offense of defrauding a drug 20 or alcohol test. 21 The bill prohibits a person from manufacturing, marketing, 22 selling, distributing, using, or possessing synthetic urine 23 or a urine additive for the purpose of defrauding a drug 24 or alcohol test; prohibits a person from knowingly using 25 the person’s own urine expelled or withdrawn prior to the 26 collection of a urine sample from the person for a drug or 27 alcohol test for the purpose of defrauding a drug or alcohol 28 test; and prohibits a person from knowingly using the urine of 29 another person to defraud a drug or alcohol test. 30 The bill provides that prosecution of a person for a 31 violation of the bill does not preclude prosecution of that 32 person under other applicable law. The bill shall not be 33 construed to encourage, conflict with, or otherwise interfere 34 with the preemption of any federal, state, or local laws or 35 -2- LSB 1216SV (1) 89 as/rh 2/ 3

S.F. 329 regulations relating to drug or alcohol testing procedures and 1 confidentiality. 2 The bill does not apply to the manufacture, marketing, sale, 3 distribution, use, or possession of synthetic urine or a urine 4 additive if the manufacture, marketing, sale, distribution, 5 use, or possession is solely for educational or law enforcement 6 purposes. 7 A person who violates the bill commits a simple misdemeanor 8 for an initial offense and a serious misdemeanor for all 9 subsequent offenses. 10 A simple misdemeanor is punishable by confinement for no 11 more than 30 days or a fine of at least $105 but not more 12 than $855 or by both. A serious misdemeanor is punishable by 13 confinement for no more than one year and a fine of at least 14 $130 but not more than $2,560. 15 The bill allows a person who collects a urine sample from 16 another person for a drug or alcohol test, having knowledge or 17 a reasonable suspicion that the other person has used synthetic 18 urine or a urine additive in violation of the bill, to report 19 such information to law enforcement authorities. 20 The bill defines “drug or alcohol test” as including a drug 21 or alcohol test given in a private-sector workplace pursuant to 22 Code section 730.5 and a drug or alcohol test given by a public 23 employer. 24 -3- LSB 1216SV (1) 89 as/rh 3/ 3