SB345 Alabama 2019 Session

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.