I wonder if anything will come from this new Kansas law. The Legislative Research Department explains the law this way: “The bill adds members of the Senate and House of Representatives to the list of state employees who are eligible for drug screening if a reasonable suspicion is present, as determined by the Division of Personnel within the Department of Administration.”
But reading the legislation, it doesn’t seem clear as to who is able to establish “reasonable suspicion.”
Sec. 5. K.S.A. 2012 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 governor, lieutenant governor, attorney general or members of the Kansas senate or house of representatives and for applicants for safety sensitive positions 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 of the Kansas senate or house of representatives;
This language comes from SB 149: Drug screening for recipients of cash assistance and unemployment benefits.