SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2443
As Amended by House Committee on
Commerce, Labor and Economic Development

Brief*
HB 2443, as amended, would enact Kathy’s Law,
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 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 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;
____________________
*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
 ● Their Home and Community Based Services
waiver approval letter; or
● A letter from a managed care organization,
qualified medical professional, or vocational
rehabilitation counselor.
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
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.

Background
The bill was introduced by Representative Tarwater.

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 [Note: The bill, as introduced, contains provisions
identical to those of 2020 HB 2701, as introduced.]

House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, no oral testimony was
provided.
Written-only proponent testimony was provided by
representatives of the Disability Rights Center of Kansas, the
Kansas Commission for the Deaf and Hard of Hearing, the
Kansas Commission on Disability Concerns, the Kansas
Department of Administration, and the Self Advocate Coalition
of Kansas. Proponents noted the bill would help remove
barriers to opportunity for persons with disabilities, improve
employment outcomes for such individuals, and help to
reduce reliance on government programs.
No other testimony was provided.
The House Committee amended the bill to name it
Kathy’s Law.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Administration indicates enactment of the bill would not would
not have a fiscal effect on Executive Branch state agencies.
The fiscal note indicates the bill would only apply to the
Executive Branch.
Employment; state government; hiring preferences; persons with disabilities


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