Creating the criminal offense of defrauding a drug or alcohol test and providing penalties

The bill provides that prosecution of a person for a violation of the bill does not preclude prosecution of that person under other applicable law. The bill shall not be construed to encourage, conflict with, or otherwise interfere with the preemption of any federal, state, or local laws or regulations relating to drug or alcohol testing procedures and confidentiality. The bill does not apply to the manufacture, marketing, sale, distribution, use, or possession of synthetic urine or a urine additive if the manufacture, marketing, sale, distribution, use, or possession is solely for educational or law enforcement purposes. A person who violates the bill commits a simple misdemeanor for an initial offense and a serious misdemeanor for all subsequent offenses. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. The bill allows a person who collects a urine sample from another person for a drug or alcohol test, having knowledge or a reasonable suspicion that the other person has used synthetic urine or a urine additive in violation of the bill, to report such information to law enforcement authorities.5 and a drug or alcohol test given by a public employer.