Requiring the director of the division of personnel services of the department of administration to add judges of the district court to the state drug screening program.

Session of 2026
HOUSE BILL No. 2725
By Committee on Judiciary
Requested by Mark Hermes
2-5
AN ACT concerning public officers and employees; relating to drug
screening; requiring the director of the division of personnel services of
the department of administration to add judges of the district court to
the state drug screening program; amending K.S.A. 2025 Supp. 75-
4362 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 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:
(1) Persons taking office as governor, lieutenant governor, attorney
general or members , member of the Kansas senate or house of
representatives, or judge of the district court; and for
(2) applicants for any safety sensitive positions position in state
government, but no applicant for a safety sensitive position shall be
required to submit to a test as a part of this program unless the applicant is
first given a conditional offer of employment.
(b) The director also shall have the authority to establish and
implement a drug screening program 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;
(2) members member of the Kansas senate or house of
representatives;
(3) judge of the district court;
(4) any safety sensitive position;
(4)(5) 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;
(5)(6) any position in the Kansas state school for the blind, as
established under K.S.A. 76-1101 et seq., and amendments thereto; or
(6)(7) any position in the Kansas state school for the deaf, as
established under K.S.A. 76-1001 et seq., and amendments thereto.
(c) Any public announcement or advertisement soliciting applications
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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 a
safety sensitive position.
(d) (1) Except for a person who has access to a secured biological
laboratory in the office of laboratory services of the department of health
and environment, no a person shall not be terminated solely due to positive
results of a test administered as a part of a program authorized by
established under this section if the person:
(1)(A) The employee Has not previously had a valid positive test
result; and
(2)(B) the employee undergoes a drug evaluation and successfully
completes any education or treatment program recommended as a result of
the evaluation.
(2) Nothing herein in this section shall be construed as prohibiting
demotions, suspensions or terminations pursuant to K.S.A. 75-2949e or
75-2949f, and amendments thereto.
(e) Except in hearings before the state civil service board regarding
disciplinary action taken against the employee, the results of any test
administered as a part of a program authorized by established under this
section shall be confidential and shall not be disclosed publicly.
(f) The secretary of administration may adopt such rules and
regulations as necessary to carry out the provisions of this section.
(g) As used in this section, "safety sensitive positions position" means
the following:
(1) All state law enforcement officers who are authorized to carry
firearms;
(2) all state corrections officers;
(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
institution, as defined in K.S.A. 21-5914, and amendments thereto;
(6) all employees of a juvenile correctional facility, as defined in
K.S.A. 38-2302, and amendments thereto;
(7) all employees within an institution of mental health, as defined in
K.S.A. 76-12a01, and amendments thereto, who provide clinical,
therapeutic or habilitative services to the clients and patients of those
institutions;
(8) all employees who have access to a secured biological laboratory
in the office of laboratory services of the department of health and
environment; and
(9) all employees of the Kansas office of veterans services.
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Sec. 2. K.S.A. 2025 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.
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