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 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.