SB 310--
Session of 1997
By Senator Harris

9 AN ACT concerning elections; relating to candidates for state office; re- 10 lating to drug testing. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. (a) When used in this section: 14 (1) ``Candidate'' means any candidate as defined by K.S.A. 25-4143, 15 and amendments thereto. 16 (2) ``State office'' means any state office as defined by K.S.A. 25-2505, 17 and amendments thereto. 18 (3) ``Established drug test'' means the collection and testing of bodily 19 fluids administered in a manner equivalent to that required by the man- 20 datory guidelines for federal workplace drug testing programs 53 C.F.R. 21 11979 et seq. or other professionally valid procedures approved pursuant 22 to rules and regulations adopted by the secretary of the department of 23 health and environment. 24 (4) ``Illegal drug'' means marijuana or any of the following controlled 25 substances: Cocaine; opiates; amphetamines; or phencyclidines listed in 26 any of the schedules of the uniform controlled substances act, except 27 when used pursuant to a valid prescription or when used as otherwise 28 authorized by state or federal law. 29 (b) Each candidate seeking to qualify for nomination or election to a 30 state office, as a condition of such qualification, shall be required to certify 31 that such candidate has tested negative for illegal drugs. 32 (c) At the time a candidate for state office qualifies for nomination 33 or election, each such candidate shall file a certificate with the officer 34 with whom such candidate qualifies stating that such candidate has ben 35 tested for illegal drugs as required under this section within 30 days prior 36 to qualifying for nomination or election to state office and that the results 37 of such test are negative. Such certificate shall be in a form approved by 38 the secretary of state from a laboratory listed by the secretary of the 39 department of health and environment under subsection (e) of this sec- 40 tion. Such tests shall be conducted at the expense of the candidates. Upon 41 submission of a valid pauper's affidavit and a valid receipt, a candidate 42 shall be reimbursed by the secretary of state for the cost of such test in 43 an amount not to exceed $50. No candidate shall be allowed to qualify SB 310

 1  for nomination or election to a state office unless such candidate presents
 2  such certificate for filing at the time of such qualification.
 3    (d)  The certificates required under subsection (c) shall be filed with
 4  the secretary of state and shall be available for public inspection. If a
 5  candidate qualifies with a political party for nomination or election to a
 6  state office, such party shall submit all such certifications to the secretary
 7  of state at such time as such candidates are certified by the party to the
 8  secretary of state. Such certificates shall be maintained by the secretary
 9  of state for a period of three years.
10    (e)  The secretary of the department of health and environment shall
11  establish, by rule and regulation, guidelines governing the administration
12  of drug tests performed pursuant to this section and shall maintain a list
13  of those laboratories qualified to conduct established drug tests.
14    (f)  The secretary of the department of health and environment and
15  the secretary of state are hereby authorized to promulgate rules and reg-
16  ulations to carry out the provisions of this section.
17    Sec. 2.  This act shall take effect and be in force from and after its
18  publication in the statute book.