SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2253
As Amended by House Committee on
Commerce, Labor and Economic Development
Brief*
HB 2253, as amended, would enact Kathy’s Bill, a
statutory state employment hiring preference for persons with
disabilities, and make changes to existing hiring preferences
for certain disabled military veterans and surviving spouses.
Kathy’s Bill
The bill would enact Kathy’s Bill, creating a statutory
preference for persons with disabilities in hiring and retention
practices for certain state government jobs. For the purposes
of the bill, “state government” would not include the judicial or
legislative branches nor political subdivisions of the state.
The bill would provide that persons with disabilities, as
defined by the bill, be given preference for hiring in state
government positions, provided that they meet the
qualifications of the position. For the purposes of the bill,
meeting the qualifications of a position would be specified as
not depending on the need for reasonable accommodation,
as defined by the bill.
The bill would require hiring authorities for such
positions to offer an interview to persons with disabilities who
meet the qualifications of the position. If a situation occurs in
which a disabled veteran, surviving spouse of a deceased
disabled veteran, or surviving spouse of a prisoner of war
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org applies for the same position, preference would go to the
individual with the highest qualifications.
Disabled persons, when applying to such a position,
would be required to provide documentation of their disability
by submitting a copy of:
●Their Supplemental Security Income or Social
Security Disability Insurance determination letter;
●Their Home and Community Based Services
waiver approval letter;
●A letter from a managed care organization,
qualified medical professional, or vocational
rehabilitation counselor;
●U.S. Department of Veterans Affairs Benefits
Summary Letter or Form 2055; or
●Military Service Physical Evaluation Board decision
document with a finding of unfit for duty.
The bill would require the notice and application form for
state government job openings to provide an explanation of
the preference and the information required by the applicant
for the documentation of a disability.
The bill would also provide that persons with disabilities
would be given preference for retention in any reductions in
state government personnel, with respect to employees who
are equally situated in terms of position, qualifications, and
performance.
The bill would specify that persons with disabilities have
the right not to disclose their disability at the time of hire, but
would not be able to assert the right to preference for
retention unless the disability is disclosed in the manner
required by the bill prior to the announcement of a reduction
of personnel. Disclosure of a disability to a human resources
2- 2253 office would be required to remain confidential until required
for provision of reasonable accommodation or for emergency
preparedness planning.
The bill would specify that its provisions would not apply
to elected officials or their personal secretaries; members of
boards or commissions; temporary employees; positions held
by patients, inmates, or students in state institutions; or
positions requiring credentials to practice as a physician or to
practice law in Kansas.
Military Veterans Hiring Preference Changes
The bill also would extend the existing state employment
hiring preference for 100.0 percent disabled veterans and
unremarried surviving spouses of veterans who died in battle
or are prisoners of war to include veterans with a service
connected disability of 30.0 percent or greater and remarried
surviving spouses of deceased veterans who died in battle or
are prisoners of war.
Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of a representative of the Disability Rights Center of Kansas
and the Self-Advocacy Center of Kansas.
House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was provided by representatives of the Disability Rights
Center of Kansas, Kansas Commission for the Deaf and Hard
of Hearing, Kansas Council on Developmental Disabilities,
Kansas Commission on Disability Concerns, and Self-
Advocates of Kansas. The proponents generally stated the
bill would promote increased employment opportunities for
3- 2253 individuals with disabilities. Written-only proponent testimony
was provided by representative of the Department of
Administration and two private citizens.
Neutral testimony was provided by a representative of
the Kansas Chapter of the Military Officers Association of
America.
Written-only opponent testimony was provided by a
representative of the Kansas Association of the Deaf.
The House Committee amended the bill to include
changes to the existing state employee hiring preference for
disabled military veterans and surviving spouses.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the bill would have no
fiscal effect.
Employment preference; Persons with disabilities; Kathy’s Law; veterans
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