Session Law

Identifying Information:L. 2002 ch. 111
Other Identifying Information:2002 House Bill 2933
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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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Date Composed: 10/10/2002 Date Modified: 10/10/2002