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Key Votes

SB 149 - Requires Drug Testing for Welfare Recipients - Key Vote

Kansas Key Votes

Tom Holland Did Not Vote on this Legislation.

Read statements Tom Holland made in this general time period.

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Family

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Stage Details

Legislation - Bill Passed (Senate) (31-8) - (Key vote)

Title: Requires Drug Testing for Welfare Recipients

Vote Smart's Synopsis:

Vote to pass a bill that requires drug screenings for applicants and recipients of cash assistance or unemployment benefits, effective January 1, 2014.

Highlights:
  • Requires drug screenings for individuals applying for or receiving cash assistance or unemployment benefits if “reasonable suspicion” of unlawful drug use exists based on certain factors, including, but not limited to, (Sec. 1):  
    • Demeanor;
    • Missed appointments;
    • Arrest or other police records; and
    • Termination from previous employment due to unlawful use of a controlled substance.
  • Requires individuals who test positive for drug use to complete a substance abuse treatment program and a job skills program in order to be eligible for cash assistance or unemployment benefits (Secs. 1 & 4).
  • Requires individuals who test positive for drug use a 2nd time to complete an additional substance abuse treatment program and job skills program, and are ineligible for cash assistance and unemployment benefits for the latter of 12 months or the completion date of the programs (Secs. 1 & 4). 
  • Prohibits individuals who test positive for drug use a 3rd time from receiving further cash assistance and unemployment benefits (Secs. 1 & 4).
  • Prohibits an individual from receiving cash assistance if they have been convicted on or after July 30, 2013 of any felony related to the manufacture, cultivation, distribution, possession, or use of drugs for the following periods of time (Sec. 1):
    • 5 years for a first conviction; and
    • Permanently for a subsequent conviction.
  • Authorizes individuals who tested positive for drug use to request an additional drug screening at a different drug testing facility at their own expense, which will be reimbursed if the result comes back negative (Sec. 1). 
  • Requires the Department for Children and Families to designate an individual to receive cash assistance on behalf of a minor if the parent or legal guardian is ineligible to receive cash assistance due to a positive drug screening (Secs. 1 & 4). 
  • Requires employers to report to the Secretary of Children and Families the name and address of any individual who has been fired or denied employment because of substance abuse or possession (Sec. 3).
  • Authorizes the Department of Administration to perform drug screenings of certain individuals based on reasonable suspicion of unlawful drug use, including, but not limited to, individuals holding the following positions (Sec. 5): 
    • The governor, lieutenant governor, or attorney general;
    • A member of the Kansas Senate or House of Representatives;
    • A safety sensitive position in state government; and
    • A position in an institution of mental health, a state veteran's home, or a state school for the blind or the deaf.
  • Authorizes the individuals listed in Section 5 who test positive for drug use to keep their positions if they meet the following qualifications (Sec. 5):
    • The individual undergoes a drug evaluation and completes any education or treatment program recommended; and
    • The individual has not previously tested positive for drug use.
Legislation - Introduced (Senate) -

Title: Requires Drug Testing for Welfare Recipients

Committee Sponsors

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