---

Session of 2000
          HOUSE BILL No. 2964           By Representatives Dean, Barnes, Kirk, Ruff, Toelkes and Welshimer           2-9          

---

  9             AN  ACT concerning employers' monitoring of certain employee records.
10      
11       Be it enacted by the Legislature of the State of Kansas:
12             Section  1. (a) As used in this section, "monitor" means inspect, re-
13       view or retain.
14             (b) An employer shall not monitor personal electronic mail or other
15       personal electronic records generated by an employee except in accord-
16       ance with policies and practices disclosed to the employee pursuant to
17       this section.
18             (c) An employer who intends to monitor any personal electronic mail
19       or other personal electronic records generated by an employee shall pre-
20       pare and distribute to all employees, by written or electronic notice, the
21       employer's monitoring policies and practices. Such policies and practices
22       shall be distributed to new employees upon commencement of employ-
23       ment and to existing employees before January 1, 2001. Upon distribution
24       of the policies and practices to an employee, the employer shall require
25       the employee to verify electronically or in writing that the employee has
26       read, understands and acknowledges receipt of such policies and prac-
27       tices. If such policies and practices are distributed to an employee but
28       the employee declines to give electronic or written verification that such
29       employee has read, understands and acknowledges receipt of the policies
30       and practices, the person who distributed the policies and practices to
31       the employee shall sign a statement that the employee received the pol-
32       icies and practices but declined to give the required verification. The
33       person signing such statement shall retain the statement and provide a
34       copy to the employee.
35             (d) Policies and practices adopted pursuant to this section shall in-
36       clude, but not be limited to, provisions that ensure any right that an
37       employee may have to review data pertaining to the employee that the
38       employer collects and to dispute and have inaccurate data corrected or
39       deleted. 
40        Sec.  2. This act shall take effect and be in force from and after its
41       publication in the statute book.