Kansas 2023-2024 Regular Session

Kansas House Bill HB2253 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2253
3	3	By Committee on Commerce, Labor and Economic Development
4	4	2-1
5	5	AN ACT concerning public employees; relating to the executive branch of
6	6	state government; hiring and promotion preferences; providing for a
7	7	preference for persons with a disability.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. Sections 1 through 3, and amendments thereto, shall be
10	10	known and may be cited as Kathy's bill.
11	11	Sec. 2. For purposes of sections 1 through 3, and amendments
12	12	thereto:
13	13	(a) "Disability" means a physical or mental impairment that
14	14	substantially limits one or more major life activities of an individual.
15	15	(b) "Major life activities" includes, but is not limited to, the activities
16	16	of caring for oneself, performing manual tasks, seeing, hearing, eating,
17	17	sleeping, walking, standing, lifting, bending, speaking, breathing, learning,
18	18	reading, concentrating, thinking, communicating and working. "Major life
19	19	activities" also includes the operation of major bodily functions, including,
20	20	but not limited to, the immune system, normal cell growth, digestive
21	21	system, bowel, bladder, neurological system, brain, respiratory system,
22	22	circulatory system, endocrine system and reproductive system.
23	23	(c) "Reasonable accommodation" means:
24	24	(1) Making existing facilities used by employees readily accessible
25	25	and usable by individuals with disabilities; and
26	26	(2) job restructuring, part-time or modified work schedules,
27	27	reassignment to a vacant position, acquisition or modification of
28	28	equipment or devices, appropriate adjustment or modifications of
29	29	examinations, training materials or policies, the provision of qualified
30	30	readers or interpreters or other similar accommodations for individuals
31	31	with disabilities.
32	32	(d) "State government" means any department, bureau, division,
33	33	board, authority, agency, commission or institution of this state, except the
34	34	judicial and legislative branches of state government and political
35	35	subdivisions of the state.
36	36	Sec. 3. (a) Persons with disabilities shall be preferred for employment
37	37	and promotion in the state government of Kansas if qualified, with or
38	38	without a reasonable accommodation, to meet the performance standards
39	39	of the position. In the event that a person with a disability meeting the
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 HB 2253 2
76	76	requirements of this act and a veteran meeting the requirements of the
77	77	veteran's preference established by K.S.A. 73-201, and amendments
78	78	thereto, apply for the same position, the person having the highest
79	79	qualifications meeting the performance standards of the position shall
80	80	receive the primary preference.
81	81	(b) State government job opening notices and application forms shall
82	82	state that the position is subject to the disability preference and explain
83	83	how applicants with disabilities may take advantage of the preference,
84	84	including information regarding the documentation of a disability that
85	85	shall be provided pursuant to subsection (c) and the process that will be
86	86	used for selection.
87	87	(c) An applicant who is a person with a disability shall provide
88	88	documentation of the person's disability to the state government hiring
89	89	authority when applying for the disability preference by providing a copy
90	90	of one of the following documents:
91	91	(1) Supplemental security income or social security disability
92	92	insurance determination letter;
93	93	(2) letter from a managed care organization or a qualified medical
94	94	professional attesting to the disability;
95	95	(3) home and community-based services waiver approval letter; or
96	96	(4) vocational rehabilitation letter from a vocational rehabilitation
97	97	counselor.
98	98	(d) The state government hiring authority shall offer an interview to a
99	99	person who has applied for an open position who is qualified, with or
100	100	without reasonable accommodation, to meet the performance standards of
101	101	the position and who has presented proof of disability as provided in
102	102	subsection (c).
103	103	(e) In any reduction in personnel by the state government employer,
104	104	employees who are persons with disabilities shall be retained in preference
105	105	to all other employees in the same job classification or job title with equal
106	106	qualifications, seniority, status and performance reviews.
107	107	(f) A person with a disability has the right to not disclose that person's
108	108	disability at the time of hire but may not assert a right to a retention
109	109	preference pursuant to subsection (e) at a later date unless the disability is
110	110	disclosed prior to the announcement of a layoff by submission of
111	111	documentation as provided in subsection (c). Disclosure may be made to
112	112	the state government human resources office where the employee is
113	113	employed and shall remain confidential unless disclosure is required for
114	114	the provision of a reasonable accommodation for the person with a
115	115	disability or for emergency preparedness planning.
116	116	(g) The provisions of sections 1 through 3, and amendments thereto,
117	117	shall not apply to positions that are filled by elected officers or vacancies
118	118	in such elected offices, personal secretaries of such officers, members of
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 HB 2253 3
162	162	boards and commissions, persons employed on a temporary basis,
163	163	positions held by patients in state institutions, inmates in the custody of the
164	164	secretary of corrections, students enrolled at a state educational institution,
165	165	heads of departments, positions that require licensure as a physician and
166	166	positions that require that the employee be admitted to practice law in
167	167	Kansas.
168	168	Sec. 4. This act shall take effect and be in force from and after its
169	169	publication in the statute book.
170	170	1
171	171	2
172	172	3
173	173	4
174	174	5
175	175	6
176	176	7
177	177	8