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AN ACT relating to state officers and employees; concerning a drug
  screening program for certain state officers and employees and certain
  applicants for state employment; amending K.S.A. 1996 Supp. 75-4362
  and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 75-4362 is hereby amended to read as
follows: 75-4362. (a) The director of the division of personnel services of
the department of administration shall have the authority to establish and
implement a drug screening program for persons taking office as gover-
nor, lieutenant governor or attorney general and for applicants for safety
sensitive positions in state government, but no applicant for such a po-
sition shall be required to submit to a test as a part of such program unless
the applicant is first given a conditional offer of employment. The director
also shall have the authority to establish and implement a drug screening
program for persons currently holding the office of governor, lieutenant
governor or attorney general or safety sensitive positions in state govern-
ment, based upon reasonable suspicion of illegal drug use by any such
person.
  (b)  Any public announcement or advertisement soliciting applications
for employment in a safety sensitive position in state government shall
include a statement of the requirements of the drug screening program
established under this section for applicants for and employees holding
such position.
  (c)  No person shall be terminated solely due to positive results of a
test administered as a part of a program authorized by this section if: (1)
The employee has not previously had a valid positive test result; and (2)
the employee undergoes a drug evaluation and successfully completes
any education or treatment program recommended as a result of the
evaluation. Nothing herein shall be construed as prohibiting demotions,
suspensions or terminations pursuant to K.S.A. 75-2949e or 75-2949f, and
amendments thereto If an employee has had a valid positive test result,
the appointing authority may take disciplinary action, require the em-
ployee to undergo a drug evaluation and successfully complete any edu-
HB 2155--Am.
                                     

cation or treatment program recommended as a result of the evaluation,
or both. Discipline of a permanent classified employee shall be subject to
the limitations of K.S.A. 75-2949e or 75-2449f, and amendments thereto.
No person shall be terminated solely due to positive results of a
test administered as a part of a program authorized by this section
if: (1) The employee has not previously had a valid positive test
result; and (2) the employee undergoes a drug evaluation and suc-
cessfully completes any education or treatment program recom-
mended as a result of the evaluation. Nothing herein shall be con-
strued as prohibiting demotions, suspensions or terminations
pursuant to K.S.A. 75-2949e or 75-2949f, and amendments
thereto.
  (d)  Except in hearings before the state civil service board regarding
disciplinary action taken against the employee, the The results of any test
administered as a part of a program authorized by this section shall be
confidential and shall not be disclosed publicly.
  (e)  The secretary of administration may adopt such rules and regu-
lations as necessary to carry out the provisions of this section.
  (f)  ``Safety sensitive positions'' means state law enforcement officers
who are authorized to carry firearms, state corrections officers, heads of
state agencies who are appointed by the governor and employees on the
governor's staff.
  (g)  All persons employed within a correctional institution, as defined
by K.S.A. 21-3826 and amendments thereto, may be subject to drug
screening based upon reasonable suspicion of illegal drug use.
  Sec. 2.  K.S.A. 1996 Supp. 75-4362 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.