H.B. 246 Local Government Drug Testing Amendments

What this bill does

This bill would allow local governments and public colleges to require oral fluid samples for drug testing, alongside urine, blood, breath, and hair. It would also require that sample collection follow standardized instructions prepared by an independent entity rather than the employer.

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Every vote

• 7 yes, 0 no, 5 absentHouse Political Subdivisions Committee: vote to approve it · Feb 3, 2026Who voted how
• 7 yes, 0 no, 5 absentHouse Political Subdivisions Committee: Consent Calendar Recommendation · Feb 3, 2026Who voted how
• 69 yes, 0 no, 6 absentFinal House vote · Feb 6, 2026Who voted how
• 5 yes, 0 no, 2 absentSenate Education Committee: vote to approve it · Feb 19, 2026Who voted how
• 5 yes, 0 no, 2 absentSenate Education Committee: Consent Calendar Recommendation · Feb 19, 2026Who voted how
• 27 yes, 0 no, 2 absentFinal Senate vote · Feb 25, 2026Who voted how

Hearings and debates

• Feb 3, 2026 House Political Subdivisions Committee▶ Watch
  Transcript (26 turns)

  1. Vice Chair (presiding)1:43:30

     Thank you for coming back. All right, we'll now move to HB 2 46 local government drug testing amendments and we'll invite Representative Maloy forward.

  2. Rep. A. Cory Maloy1:43:49

     Thank you Madam Vice Chair. It's good to see you up there. Thought we would go from, uh, really nice marriages to housing, to drug testing and oral fluids. So we're, that's what we're gonna be talking about. TMI, right? TMI? No, no, it's not TMI. 'cause that's what we're talking about. Um, okay, so this HB 2 46, this is a bill that the house passed last year and, uh, just like many bills that go into the black hole called the Senate didn't make it didn't, it kind of died in the Senate. It didn't not fail, it just didn't get completed. So we, we brought it back here. And what this bill does is pretty simple. It adds, uh, uh, you know, municipalities and higher educations. They hire a lot of people. And, uh, as part of the hiring process, we have, uh, uh, they're hiring employees and they like to do the standard drug testing as part of the, the hiring process. Oh, and I forgot to introduce, uh, David Kitchen. He's the director of, uh, human Resources at the City of Lehi. And, uh, he's the one that brought me this bill saying that there was a real need. And so what it does is it just to the, uh, drug testing policy that we have in the state of Utah, all it does is it, uh, adds oral fluids is to one of the options that can be tested among several different options. And it also allows them to do, uh, the drug testing in the offices of the, uh, entity. In this case it would be the city of Lehi or others municipalities. And, but they have to follow the, uh, the policies that we've established that has, they have to follow a good, good standards of testing and, uh, uh, testing, uh, options as far as whether it's in-house or outta house. And a lot of that will depend on the type of drug tests that they do. So, for example, uh, what it does, it, it, the policy did include, uh, oral testing. Um, but we, the, the change we're making is we're making it more specific so that if, if someone submits a, uh, blood, blood breath, oral fluid or hair sample for testing or submit a split urine sample for testing or retesting, these are all different methods of testing for drug drug presence. And so I'm gonna turn it over to David 'cause he can talk a little bit more about why this is important and what it will do for these organizations. Go Ahead David. Thank you representative

  3. David Kitchen, Director of Human Resources, Lehi City1:46:32

     Thank you committee for your time today. Um, one of my favorite thing to do is to talk to new employees and tell them they have to go get a P test to, because they're a local government employee. Um, and unfortunately currently in state code, uh, we cannot collect a sample on site. We have to send them off site to do that. And so we believe it's not only efficient, it's, uh, a better use of the employee's time, or prospective employee's time if we can collect that sample according to the industry standards that we're trained on, and then send that sample off to the lab for, uh, for running the reports and getting the results back. So, uh, it just expands options for local governments across the state to continue to drug test if they so wish, but have additional options that will be more efficient and more, uh, uh, better for employees. Mad vice chair, that concludes our presentation.

  4. Vice Chair (presiding)1:47:31

     Okay, thank you. We'll go to the committee for clarifying questions. Representative Ward,

  5. Rep. Raymond P. Ward1:47:37

     That all sounds pretty good. I do have one question online, 64, it crosses out the word saliva and puts in the phrase oral fluid. So I'm wondering if you could help me understand which things are oral fluid that are not saliva.

  6. David Kitchen, Director of Human Resources, Lehi City1:47:57speaker not certain

     I don't know if I can speak to that specifically, but, uh, Dr. Ward, I'm just kind of stumped there. It's probably a technical term for the drug testing kits. Uh, there's options to stick basically a sponge in someone's mouth to collect the fluid from someone's mouth, whether that's all saliva or not.

  7. Vice Chair (presiding)1:48:18

     Okay, thanks. It's your call. Thanks. Alright. Yep. Okay. Uh, seeing no other question, is there anyone here from the public that wishes to speak to this bill? All right. Scene. None. We'll come back to the committee.

  8. Vice Chair (presiding)1:48:33

     Fraction. Representative Ward, Uh, thank you.

  9. Rep. Raymond P. Ward1:48:39

     Um, I would like to make a motion that we pass house bill 2 46 out with a favorable recommendation. This is a great bill. Oh, sorry, I already spoke to it. Now. Oh, The motion is to pass out house bill 2 46 with a favorable recommendation.

  10. Vice Chair (presiding)1:48:51

      Would you like to speak to that? I,

  11. Rep. Raymond P. Ward1:48:53

      Uh, I would not like to speak further to that, Uh, to the sponsor. I'll waive. Thank you. All right.

  12. Vice Chair (presiding)1:49:03

      And is there anyone on the committee that wishes to speak to that? Okay, scene none. Uh, back to the maker of the motion.

  13. Rep. Raymond P. Ward1:49:10

      I'll waive. Thank you.

  14. Vice Chair (presiding)1:49:12

      The motion is to pass out house bill three, uh, house bill 2 46, local government drug testing amendments with a favorable recommendation in favor, please say aye. Aye. Aye. Anyone opposed? Say nay. Okay. That passes unanimously was Representative Gwynn, he wasn't on. Okay. All right, Thank you. Oh, I'm sorry. What? Did I skip something? Oh, consent. Oh, Oh, okay.

  15. Unknown speaker1:49:40speaker not certain

      Yeah. Love, love it.

  16. Vice Chair (presiding)1:49:44

      Okay, so I think we need a motion for that. That right? Yes. Okay. Representative board.

  17. Rep. Raymond P. Ward1:49:48

      Thank you. I would make a motion that we place this on the consent calendar.

  18. Vice Chair (presiding)1:49:52

      Okay. The motion is to place this on the consent calendar. Is there, uh, would you like to speak to that motion?

  19. Unknown speaker1:49:58speaker not certain

      I think this is a small policy and a unanimous policy to me. It seems like one that's appropriate for consent.

  20. Vice Chair (presiding)1:50:03

      Okay, great. Thank you. And Representative Maloy.

  21. Rep. A. Cory Maloy1:50:07

      I totally go with that. Thank you.

  22. Vice Chair (presiding)1:50:10

      Great Representative Hansen.

  23. Rep. Leah Hansen1:50:12

      So happy I can say I at least once a day.

  24. Vice Chair (presiding)1:50:17

      Thank you. Okay. Uh, back to the maker of the motion. I'll waive. All right. The motion is to place HB 2 46 on consent. All in favor, please say aye. Aye. Anyone opposed? Okay. That passes unanimously. We'll go on consent.

  25. Vice Chair (presiding)1:50:33

      Thank you Representative Malloy. Thank

  26. Rep. A. Cory Maloy1:50:35

      You. Appreciate it.

• Feb 6, 2026 House floor debate▶ Watch
  Transcript (5 turns)

  1. Speaker (presiding)24:50

     House Bill 2 46, local government drug testing amendments by Representative Maloy. This bill was heard in political subdivisions with 0 7 0 5. Representative Malloy.

  2. Rep. A. Cory Maloy25:02

     Thank you Mr. Speaker HB 2 46 Modernizes Utah's local government drug testing statute by allowing oral fluid testing, clarifying which sample types may be required and ensuring all collections follow independent standardized procedures. Utah's current statute lags behind modern drug testing practices and creates unnecessary ambiguity for local governments trying to comply with the law while maintaining stuff. Drug drug-free workplaces. HB 2 46 updates the statute to relight current best practices without expanding testing authority or lowering employee protections.

  3. Speaker (presiding)25:45

     Thank you. Representative Maloy voting will now be open on HB 2 46. Representative Peterson, would you like to vote? Represent Pucci Representative Shipp, Representative Peterson Val Peterson. Seeing all present, having voted voting is now closed. HP 2 46 passed this body with 68 yes votes zero no votes will be signed by or sent to the Senate for its considerate oh. Representative Shelley would like to ask leave of the body, uh, to place a yes vote. All in favor say aye. Aye. Any opposed? Roll that motion passes and Representative Shelley will be able to place that vote. Seen that all seen all those having voted. Uh, the vote is 69 yes votes zero, no votes will be sent to the Senate for its consideration. Let's go to Representative Pucci.

  4. Rep. Candice B. Pierucci27:37

     Thank you Mr. Speaker. Motion to encircle SB one 40.

  5. Speaker (presiding)27:41

     That motion is in order. We'll go and place the motion. The motion will be forced. The house enc circle SB 40. All in favor say aye. Aye. SB one 40. All in favor say aye. Aye. Oh, come on representatives. Aye. Place this motion again. All in favor of un SB one 40. Say aye.

• Feb 19, 2026 Senate Education Committee▶ Watch
  Transcript (19 turns)

  1. Chair Johnson (presiding)2:18:43

     Now we have Representative Maloy,

  2. Rep. A. Cory Maloy2:18:47

     HB 2 47, local government drug testing amendments. Thank you Mr. Chair and members of the committee. It's good to be before you. I don't know that I've ever presented in front of this committee, so good experience. Very nice, nice to have you. Thank you. Okay, so, uh, HB 2 46. Um, I have with me here, David Kitchen. He's the, uh, director of Human Resources at the City of Lehi. And, uh, he's the one that brought this, uh, bill to me. And it'll be good not only for the city of Lehi, but all of the cities and and beyond. And basically what this does is it modernizes Utah's local government drug testing statute by allowing oral fluid testing, clarifying which sample types may be required in ensuring all collections follow independent standardized procedures. The current statute lags behind modern drug testing practices and creates unnecessary ambiguity for local governments trying to comply with the law while maintaining safe drug-free workplaces. HB 2 46 updates the statute to reflect current best practices without expanding testing authority or lowering employee protections. So basically, the bill updates the definition of, of sample to include oral fluid and alongside other, uh, great things like urine, blood, breath, and hair. Yeah, it's, it's very exciting stuff. Oral fluid testing is widely used today. It's less invasive and effective for detecting recent drug use. And I'll, I will add, and, uh, David's gonna talk more about this, but it'll make it a lot easier for these, uh, offices to actually perform the, uh, the testing that they wanna do as they bring new employees into their organizations. Um, it removes confusion by clearly stating that a local government and or institution of higher education may specify which legally permitted sample type a donor must submit. And the sample collection must follow instructions prepared by an independent entity, not the employer. This ensures standardized procedures, it protects employee privacy and reduces disputes over collection methods. Um, the bill does not expand who can be tested when testing can occur or how results may be used. All existing safeguards remaining place, including a DA compliance, grandma, protections, confirmation, testing, notice requirements, and retesting options. Uh, local governments already rely on certified laboratories and established protocols. This bill simply aligns Utah law, how drug testing is actually performed today, reducing legal uncertainty and administrative friction. So that's the presentation. I'm gonna turn it over to David to kind of expand on it and make sure I said it all correctly.

  3. David Kitchen, HR Director, Lehi City2:22:02

     Thank you, representative, and thank you Senator Vickers for having me here today. Um, in my job as HR Director for Lehi City. Hey, state your name first for the record. Oh, excuse me. And then tell us who you're representing today. David Kitchen, HR Director for Lehi City. Perfect. Thank you. Yes. Um, yeah, so I I, part of my job is to, uh, if cities or higher education institutions, uh, do pre-employment drug testing, um, the, the cities have a policy that we follow in chapter 30, uh, title 34 chapter or the, the Labor Code. And currently that code severely limits what kind of testing is allowed. There are other testing methods that are more acceptable than telling new employees to, I need to send you to a lab to go get urine testing. And so we're asking for additional options that cities or higher education can perform that are allowed, that are commonly accepted. Um, we're not, we're not trying to invade people's privacy or anything, but just trying to expand options to provide, um, drug testing, um, across the state. That's It. Thank you.

  4. Chair Johnson (presiding)2:23:10

     Does that conclude your presentation? Yes. Okay. We're gonna come back to the committee for clarifying questions. Senator Baldry, go ahead.

  5. Sen. Heidi Balderree2:23:20

     Um, yeah, I just want to, to thank the sponsor for bringing this Bill. Lehi is in my city, and, um, I used to be an employee, uh, and he was still the HR director then, but, um, I would've voted for the bill anyway. So there's my conflict of interest, if, if you will. But, um, I do agree this is a great bill. I am the floor sponsor and, you know, creating a method that's harder to tamper with, less intrusive for the employee and, you know, maybe cheaper and more accurate. Sounds like a good idea to me.

  6. Chair Johnson (presiding)2:23:53

     Any other questions or comments? Uh, if not, we're gonna go to members of the public. Anyone want to testify to this bill? Anyone? Online case? Seeing none. We're gonna come back to the Committee for Action. And since your light's on Senator Balderree, do you want to do that?

  7. Sen. Heidi Balderree2:24:09

     I would love to. I recommend that we, um, move to the full body of the Senate House Bill 2 46.

  8. Chair Johnson (presiding)2:24:16

     Thank you. Discussion. The motion.

  9. Unknown speaker2:24:20speaker not certain

     Thank you for bringing us up to the time now. Right. Sometimes these things get old, don't they?

  10. Chair Johnson (presiding)2:24:30

      So, uh, any other discussion? The motion? Seeing none. We're gonna go, come back with sponsor for summation.

  11. Unknown speaker2:24:36speaker not certain

      Thank you. Um, this is a, a really good bill, and I'm just dying to know that you used to work for City of Lehi. I did For a long, I did many years. I was, uh, I taught fitness classes for a long Time. I didn't know that. Um, and you probably had to do a drug test. I probably did. It's been a really long time, So I'll wave. Thank you.

  12. Chair Johnson (presiding)2:24:59

      Thank you. Uh, do you want a sum? Senator Balderree?

  13. Sen. Heidi Balderree2:25:04

      I'm sorry, what? Back to you. To sum. Oh, I'll wave.

  14. Sen. Heidi Balderree2:25:08

      Okay. So There is a privacy part of this. So, so the motion is to send out HP 2 46 local government drug testing amendments with favorable recommendation.

  15. Chair Johnson (presiding)2:25:23

      All in favor say aye. Aye. Any opposed? Chair rules? That is unanimous. And I'm gonna take another motion.

  16. Chair Johnson (presiding)2:25:31

      Oh, you want another motion? Yes, Please.

  17. Sen. Heidi Balderree2:25:33

      I, I'd like to move that we move this to the consent calendar, please.

  18. Chair Johnson (presiding)2:25:37

      Okay. Uh, all in favor of that motion? Aye. Aye. Okay. Aye. Chair, roll that as unanimous. Thank you. I'll take one more motion adjourn. Thank you everybody. Okay. We are adjourned. Aye. All in favor say aye. Yeah, You're Welcome.

  19. Unknown speaker2:25:58speaker not certain

      I, Hey Senator Baldry. I wasn't sure if that was a confession or what it was. I worked for Lee Head Legacy Center. I used to.

• Feb 25, 2026 Senate floor debate▶ Watch
  Transcript (6 turns)

  1. Sen. Heidi Balderree23:47

     clarifying which sample types may be required and ensuring all collections follow independent standardized procedures. Um, Utah's current statute lags behind modern drug testing practices and creates unnecessary ambiguity for local governments trying to comply with the law while maintaining a safe drug fee, uh, workplace. So it updates the statute to reflect current best practices without expanding testing authority or lowering employee protections. And with that I conclude my presentation.

  2. President (presiding)24:14speaker not certain

     Thank you. Can the question is you make a motion. Oh

  3. Sen. Heidi Balderree24:21

     Yes. And with that I move that House Bill 2 46 shall pass.

  4. President (presiding)24:24

     I don't think I heard it is so house. The question is shall house bill two forty six pass. Roll call vote.

  5. President (presiding)24:29

     Senator Vickers. Baldry Aye. Lewin Aye. Rammer. Bus. Bus A Cu Amore Escamilla Aye. Fillmore Aye. Grover a Harper Aye. Kins Aye. Ipson Johnson k Juab. K Juab McKay Macl Aye. Mild Milner Musman Owens pitcher Lum Rebe a Sandal Aye. Stevenson Stratton Bickers Aye. Bier Aye. Wilson. Aye. Winterton President Adams Aye. House bill 2 46 Having received 27 yay votes, zero nay votes. Two being absent passes, his body will be signed by the president. Return to the house for the signature.

  6. Sen. Todd Weiler25:51

     Thank you. Um, Mr. President, this bill, uh, simply adds the term metal theft