HB 14-1040 Summary

• Establishes unclassified petty offenses with escalating fines for knowingly defrauding drug test administration, with different penalties based on employment status and offense number.

• Applies stricter penalties to employees in safety-sensitive positions (law enforcement, corrections, commercial drivers, rail passengers, firefighters, emergency medical providers) with fines of $1,000 for first offense, $2,500 for second, and $5,000 for third or subsequent offenses.

• Applies lesser penalties to all other persons who defraud drug tests with fines of $500 for first offense, $1,000 for second, and $2,500 for third or subsequent offenses.

• Defines "defraud the administration of a drug test" as submitting a substance from a false source, from an incorrect time period, or engaging in conduct intended to produce false test outcomes, including furnishing urine falsely claimed to be from the tested person.

• Effective July 1, 2014, and applies only to offenses committed on or after that date.