HB 516

This bill would provide criminal and civil penalties for the following: (1) Selling, giving away, distributing, or marketing or transporting into this state human or synthetic urine with the intent to defraud or cause deceitful results in a drug or alcohol screening test; (2) attempting to defeat a screening test by the substitution or spiking of a urine sample; (3) advertising or selling any product designed to thwart or defeat a screening test; (4) adulterating a urine sample with intent to defraud a screening test; (5) possessing adulterants intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding or causing deceitful results in a screening test; and (6) selling or marketing an adulterant with the intent by the seller or marketer that the product be used to adulterate a urine or other bodily fluid sample

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To prohibit the sale or distribution of human or synthetic urine; to prohibit the substitution of a urine sample to defeat drug and alcohol screening tests; to prohibit the advertising or selling of products designed to defeat a screening test; to prohibit the possession, marketing, or sale of certain adulterants of bodily fluid samples; to provide criminal and civil penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

(a) As used in this act, the following terms shall have the following meanings: (1) ADULTERANT. A substance that is not expected to be in human urine or a substance expected to be present in human urine but that is at a concentration so high that it is not consistent with human urine, including, but not limited to, any of the following: a. Bleach. b. Chromium. c. Creatinine. d. Detergent. e. Glutaraldehyde. f. Glutaraldehyde/squalene. g. Hydrochloric acid. h. Hydroiodic acid. i. Iodine. j. Nitrite. k. Peroxidase. l. Potassium dichromate. m. Potassium nitrite. n. Pyridinium chlorochromate. (2) DRUG OR ALCOHOL SCREENING TEST. An analysis of sample of bodily fluid collected from a person for the purpose of detecting the presence of alcohol or drugs in the bodily fluid of the person. (3) PERSON. As that term is defined in Section 13A-1-2, Code of Alabama 1975. (4) SYNTHETIC URINE. Any substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine for the purpose of defrauding a drug or alcohol screening test. (b) It is unlawful for a person to do any of the following: (1) Sell, give away, distribute, market or transport into this state human or synthetic urine with the intent to defraud or cause deceitful results in a drug or alcohol screening test. (2) Attempt to thwart or defeat a drug or alcohol screening test by the substitution or spiking of a urine sample. (3) Advertise for sale any product designed to thwart or defeat a drug or alcohol screening test. (4) Adulterate a urine or other bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test. (5) Possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test. (6) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test. (c) Intent to defraud or cause deceitful results in a drug or alcohol screening test is presumed under either of the following circumstances: (1) A heating element or any other device used to thwart a drug or alcohol screening test accompanies the possession, sale, giving, distribution, or marketing of human or synthetic urine. (2) Instructions that provide a method for thwarting or defeating a drug or alcohol screening test accompany the possession, sale, giving, distribution, or marketing of urine. (d) A violation of subsection (b) shall be punished as a violation, except a second or subsequent offense, shall be a Class A misdemeanor. The penalty imposed for violation of this act is in addition to and not in lieu of any civil or administrative penalty or sanction as provided in this act or otherwise authorized by law.

Section 2

(a) Whenever the Attorney General or district attorney for the appropriate jurisdiction has reason to believe that any person is or has been violating any provision of this act, he or she or his or her deputy or assistant may issue and deliver to the person an order to cease and desist the violation. (b) Failure to comply with any order under this section shall subject the person to a civil penalty not to exceed one thousand dollars ($1,000) for each day the violation exists, to be deposited into the State General Fund. (c) The statute of limitations for civil actions pursuant to this section shall be one year. The Attorney General or district attorney for the appropriate jurisdiction may prosecute violations of this act. Venue for cases involving violations of this act shall be in the county in which the violation occurred or the county in which the alleged violator resides or is incorporated. If the alleged violator resides or is incorporated outside of the State of Alabama, or if the violation or violations occurred outside the State of Alabama, venue shall be in Montgomery County. Of the civil penalties deposited into the State General Fund pursuant to subsection (b), 40 percent shall be deposited into the Office of Prosecution Services Fund in the State Treasury to be distributed to the district attorney who initiated the action.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.