CHAPTER 111 HOUSE BILL No. 2933 An  Act concerning state officers and employees; relating to the drug screening program
for certain state officers and employees and certain applicants for state employment;
amending K.S.A. 2001 Supp. 75-4362 and repealing the existing section; also repealing
K.S.A. 75-4363.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 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 safety
sensitive position shall be required to submit to a test as a part of such
this program unless the applicant is first given a conditional offer of em-
ployment.

      (b) The director also shall have the authority to establish and imple-
ment a drug screening program for persons currently holding based upon
a reasonable suspicion of illegal drug use by any person currently holding
one of the following positions or offices:

      (1) The office of governor, lieutenant governor or attorney general
or;

      (2) any safety sensitive positions in state government, based upon
reasonable suspicion of illegal drug use by any such person. position;

      (3) any position in an institution of mental health, as defined in K.S.A.
76-12a01, and amendments thereto, that is not a safety sensitive position;

      (4) any position in the Kansas state school for the blind, as established
under K.S.A. 76-1101 et seq., and amendments thereto;

      (5) any position in the Kansas state school for the deaf, as established
under K.S.A. 76-1001 et seq., and amendments thereto; or

      (6) any employee of a state veteran's home operated by the Kansas
commission on veteran's affairs as described in K.S.A. 76-1901 et seq. and
K.S.A. 76-1951 et seq., and amendments thereto.

      (b) (c) Any public announcement or advertisement soliciting appli-
cations for employment in a safety sensitive position in state government
shall include a statement of the requirements of the drug screening pro-
gram established under this section for applicants for and employees
holding such a safety sensitive position.

      (c) (d) 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 com-
pletes any education or treatment program recommended as a result of
the evaluation. Nothing herein shall be construed as prohibiting demo-
tions, suspensions or terminations pursuant to K.S.A. 75-2949e or 75-
2949f, and amendments thereto.

      (d) (e) Except in hearings before the state civil service board regard-
ing disciplinary action taken against the employee, 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) (f) The secretary of administration may adopt such rules and reg-
ulations as necessary to carry out the provisions of this section.

      (f) (g) ``Safety sensitive positions'' means the following:

      (1) All state law enforcement officers who are authorized to carry
firearms,;

      (2) all state corrections officers,; juvenile correctional facility staff,

 (3) all state parole officers;

      (4) heads of state agencies who are appointed by the governor and
employees on the governor's staff;

      (5) all employees with access to secure facilities of a correctional in-
stitution, as defined in K.S.A. 21-3826, and amendments thereto;

      (6) all employees of a juvenile correctional facility, as defined in
K.S.A. 38-1602, and amendments thereto; and

      (7) all employees within an institution of mental health, as defined in
K.S.A. 76-12a01, and amendments thereto, who provide clinical, thera-
peutic or habilitative services to the clients and patients of those institu-
tions.

      (g) All persons employed within a correctional institution, as defined
in K.S.A. 21-3826, and amendments thereto, or a juvenile correctional
facility, as defined in K.S.A. 38-1602, and amendments thereto, may be
subject to drug screening based upon reasonable suspicion of illegal drug
use. 
Sec.  2. K.S.A. 75-4363 and K.S.A. 2001 Supp. 75-4362 are hereby
repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 16, 2002.
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