H.B. 19 Enrolled

EMPLOYMENT SUPPORT ACT AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: David N. Cox

LONG TITLE
General Description:
This bill modifies the Employment Support Act by making technical, nonsubstantive
changes and repealing outdated sections.
Highlighted Provisions:
This bill:
. repeals outdated sections of the Employment Support Act related to assistance
targets for the years 1998 through 2000, disclosure of income and property owned
by applicants and clients in determining eligibility for a service or benefit, and an
evaluation of the Social Capital Formation Act completed in 2001; and
. makes certain technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-302, as last amended by Chapters 61 and 70, Laws of Utah 1999
35A-3-304, as last amended by Chapter 143, Laws of Utah 2001
35A-3-306, as last amended by Chapter 58, Laws of Utah 2002
35A-3-308, as renumbered and amended by Chapter 174, Laws of Utah 1997
35A-3-309, as last amended by Chapter 159, Laws of Utah 2002
35A-3-310, as last amended by Chapter 61, Laws of Utah 1999
35A-3-313, as enacted by Chapter 174, Laws of Utah 1997

35A-3-401, as last amended by Chapter 133, Laws of Utah 2000
REPEALS:
35A-3-107, as last amended by Chapter 61, Laws of Utah 1999
35A-3-314, as enacted by Chapter 174, Laws of Utah 1997
35A-3-509, as renumbered and amended by Chapter 174, Laws of Utah 1997

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 35A-3-302 is amended to read:
35A-3-302. Eligibility requirements.
(1) The program of cash assistance provided under this part is known as the Family
Employment Program.
(2) (a) The division shall submit a state plan to the Secretary of the United States
Department of Health and Human Services to obtain federal funding under the Temporary
Assistance for Needy Families Block Grant.
(b) The [provisions of the state plan submitted under Subsection (2)(a) shall be] division
shall make the plan consistent with this part and federal law.
(c) If a discrepancy arises between a provision of the state plan and this part, this part
supersedes the provision in the state plan.
(3) The services and supports under this part are for both one-parent and two-parent
families.
(4) To be eligible for cash assistance under this part, a family shall:
(a) have at least one minor dependent child; or
(b) have a parent who is in the third trimester of a pregnancy.
(5) (a) In an appropriations act, the Legislature shall determine annually the maximum
monthly dollar amount of cash assistance for families based on family size.
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, [and
consistent with Section 35A-3-107 ,] the department shall establish rules for eligibility and the
amount of cash assistance a family is eligible to receive under this part[, which shall be] based on:

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(i) family size;
(ii) family income;
(iii) [the maximum monthly income established under Subsection (5)(a)] income
disregards; and
(iv) other relevant factors.
[(6) (a) When determining the dollar amount of cash assistance to be provided under this
chapter, the division shall disregard from earned income:]
[(i) $100;]
[(ii) a monthly insurance payment of up to $50 for a passenger vehicle owned or leased by
the applicant;]
[(iii) a monthly lease or purchase payment of up to $100 for a passenger vehicle owned or
leased by the applicant, if that passenger vehicle is the only such vehicle reasonably available to
the applicant to meet basic transportation needs; and]
[(iv) 50% of the remaining monthly income.]
[(b) Subsections (6)(a)(ii) and (iii) may only be considered in determining the dollar
amount of cash assistance:]
[(i) for cash assistance-only cases; and]
[(ii) for other public assistance cases if:]
[(A) Subsections (6)(a)(ii) and (iii) can be implemented within the state's existing public
assistance-related waivers as of January 1, 1999;]
[(B) the federal government extends a waiver that permits the implementation of
Subsections (6)(a)(ii) and (iii); or]
[(C) the federal government determines that the state's waivers that permit dual eligibility
determinations for cash assistance and Medicaid are no longer valid.]
[(7) Once eligibility has been established, the]
(6) The division shall disregard money on deposit in an Individual Development Account
established under Section 35A-3-312 [when] in determining [subsequent] eligibility.
[(8)] (7) The department shall provide for an appeal of a determination of eligibility in

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accordance with Title 63, Chapter 46b, Administrative Procedures Act.
Section 2. Section 35A-3-304 is amended to read:
35A-3-304. Assessment -- Participation requirements and limitations -- Mentors.
(1) (a) Within 20 business days of the date of enrollment, a parent client shall:
(i) be assigned an employment counselor; and
(ii) complete an assessment provided by the division regarding the parent client's:
(A) family circumstances[,];
(B) education[,];
(C) work history[,];
(D) skills[,]; and
(E) ability to become self-sufficient.
(b) The assessment provided under Subsection (1)(a)(ii) shall include a survey to be
completed by the parent client with the assistance of the division.
(2) (a) Within 15 business days of a parent client completing an assessment, the division
and the parent client shall enter into an employment plan.
(b) The employment plan shall [contain] have a target date for entry into employment.
(c) The division shall provide a copy of the employment plan to the parent client.
(d) As to the parent client, the plan may include:
(i) job searching requirements;
(ii) if the parent client does not have a high school diploma, participation in an
educational program to obtain a high school diploma, or its equivalent[, if the parent client does
not have a high school diploma];
(iii) education or training necessary to obtain employment;
(iv) a combination of work and education or training;
(v) assisting the Office of Recovery Services in good faith to:
(A) establish the paternity of a minor child; and
(B) establish or enforce a child support order; and
(vi) if the parent client is a drug dependent person as defined in Section 58-37-2 ,

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participation in available treatment for drug dependency and progress toward overcoming that
dependency [if the parent client is a drug dependent person as defined in Section 58-37-2 ].
(e) As to the division, the plan may include:
(i) providing cash and other types of public and employment assistance, including child
care;
(ii) assisting the parent client to obtain education or training necessary for employment;
(iii) assisting the parent client to set up and follow a household budget; and
(iv) assisting the parent client to obtain employment.
(f) [An] The division may amend the employment plan [may be amended] to reflect new
information or changed circumstances.
(g) If immediate employment is an activity contained in the employment plan the parent
client shall:
(i) promptly commence a search for a specified number of hours each week for
employment; and
(ii) regularly submit a report to the division on:
(A) how time was spent in search for a job;
(B) the number of job applications completed;
(C) the interviews attended;
(D) the offers of employment extended; and
(E) other related information required by the division.
(h) (i) If full-time education or training to secure employment is an activity contained in
an employment plan, the parent client shall promptly undertake a full-time education or training
program.
(ii) The employment plan may describe courses, education or training goals, and
classroom hours.
(i) (i) As a condition of receiving cash assistance under this part, a parent client shall
agree to make a good faith effort to comply with the employment plan.
(ii) If a parent client consistently fails to show good faith in complying with the

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employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of the
cash assistance services provided under this part.
(iii) The division shall establish a process to reconcile disputes between a client and the
division as to whether:
(A) the parent client has made a good faith effort to comply with the employment plan; or
(B) the division has complied with the employment plan.
(3) (a) Except as provided in Subsection (3)(b), a parent client's participation in education
or training beyond that required to obtain a high school diploma or its equivalent is limited to the
lesser of:
(i) 24 months; or
(ii) the completion of the education and training requirements of the employment plan.
(b) A parent client may participate in education or training for up to six months beyond
the 24-month limit of Subsection (3)(a)(i) if:
(i) the parent client is employed for 80 or more hours a month; and
(ii) the extension is for good cause shown and approved by the director.
(c) A parent client who receives an extension under Subsection (3)(b) remains subject to
Subsection (4).
(4) (a) A parent client with a high school diploma or equivalent who has received 24
months of education or training shall participate in full-time work activities.
(b) The 24 months need not be continuous and the department may define "full-time work
activities" by rule.
(5) [Beginning on July 1, 1998, as] As a condition for receiving cash assistance on behalf
of a minor child under this part, the minor child [shall] must be:
(a) enrolled in and attending school in compliance with Section 53A-11-101 ; or
(b) exempt from school attendance under Section 53A-11-102 .
(6) This section does not apply to a person who has received diversion assistance under
Section 35A-3-303 .
(7) (a) The division shall recruit and train volunteers to serve as mentors for parent

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clients.
(b) A mentor may advocate on behalf of a parent client and help a parent client:
(i) develop life skills;
(ii) implement an employment plan; or
(iii) obtain services and supports from:
(A) the volunteer mentor;
(B) the division; or
(C) civic organizations.
Section 3. Section 35A-3-306 is amended to read:
35A-3-306. Limits on eligibility.
(1) For purposes of this section, "battered or subjected to extreme cruelty" is defined in
Section 103(a)(1) of P.L. 104-193 or 42 U.S.C. Sec. 608(a)(7)(C)(iii), The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
(2) Except as provided in Subsection (4), the division may not provide cash assistance to
a family who has received cash assistance for 36 months or more.
(3) (a) The division shall count toward the 36-month time limit in Subsection (2) any time
after January 1, 1997, during which:
(i) the parent client received cash assistance in this or another state; and
(ii) the parent client is disqualified from receiving cash assistance and the parent client's
income and assets are counted in determining eligibility for the family in this or another state.
(b) The division may not count toward the 36-month time limit in Subsection (2) or the
24-month time period in Subsection (4) any time during which a person 18 years of age or older
received cash assistance as a minor child and not as a parent.
(4) (a) On a month-to-month basis for up to 24 months, the division may provide cash
assistance to a family beyond the 36-month time limit in Subsection (2) if:
(i) during the previous month, the parent client was employed for no less than 80 hours;
and
(ii) during at least six of the previous 24 months the parent client was employed for no

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less than 80 hours a month.
(b) For up to 20% of the average monthly number of families who receive cash assistance
under this part, the division may provide cash assistance to a family beyond the 36-month time
limit in Subsection (2):
(i) by reason of a hardship; or
(ii) if the family includes an individual who has been battered or subjected to extreme
cruelty.
(c) For up to 20% of the average monthly number of families who receive cash assistance
under this part, the division may provide cash assistance to a family beyond the additional
24-month time period in Subsection (4)(a):
(i) by reason of a hardship; or
(ii) if the family includes an individual who has been battered or subjected to extreme
cruelty.
(d) Except as provided in [Subsection] Subsections (4)(b) and (c), the division may not
provide cash assistance to a family who has received 60 months of cash assistance after October
1, 1996.
Section 4. Section 35A-3-308 is amended to read:
35A-3-308. Adoption services -- Printed information -- Supports provided.
(1) The division may provide assistance under this section to a client who is pregnant and
is not receiving cash assistance no sooner than the beginning of the third trimester of pregnancy.
(2) For pregnant clients, the division shall:
(a) refer the client for appropriate prenatal medical care, including maternal health
services provided under Title 26, Chapter 10, Family Health Services;
(b) inform the client of free counseling about adoption from licensed child placement
agencies and licensed attorneys; and
(c) offer the client the adoption information packet described in Subsection (3).
(3) The department shall publish an adoption information packet that [shall]:
(a) [be] is easy to understand;

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(b) [contain] contains geographically indexed materials on the public and private
organizations that provide adoption assistance;
(c) [list] lists the names, addresses, and telephone numbers of licensed child placement
agencies and licensed attorneys who place children for adoption;
(d) [explain] explains that private adoption is legal and that the law permits adoptive
parents to reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses
related to pregnancy; and
(e) [describe] describes the services and supports available to the client under this section.
(4) (a) A client [shall remain] remains eligible for assistance under this section, even
though the client relinquishes a child for adoption, provided that the adoption is in accordance
with Section 78-30-4.14 .
(b) The assistance provided under this section may include:
[(a)] (i) reimbursement for expenses associated with care and confinement during
pregnancy as provided for in Subsection (5); and
[(b)] (ii) for a maximum of 12 months from the date of relinquishment, coordination of
services to assist the client in:
[(i)] (A) receiving appropriate educational and occupational assessment and planning;
[(ii)] (B) enrolling in appropriate education or training programs, including high school
completion and adult education programs;
[(iii)] (C) enrolling in programs that provide assistance with job readiness, employment
counseling, finding employment, and work skills;
[(iv)] (D) finding suitable housing;
[(v)] (E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance
Act, if the client is otherwise eligible; and
[(vi)] (F) receiving counseling and other mental health services.
(5) (a) Except as provided in Subsection (5)(b), a client is eligible to receive an amount
equal to the maximum monthly amount of cash assistance paid to one person for up to 12
consecutive months from the date of relinquishment.

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(b) If a client is otherwise eligible to receive cash assistance under this part, the client is
eligible to receive an amount equal to the increase in cash assistance the client would have
received but for the relinquishment for up to 12 consecutive months from the date of
relinquishment.
(6) (a) To be eligible for assistance under this section, a client shall:
(i) with the cooperation of the division, develop and implement an employment plan
containing goals for achieving self-sufficiency and describing the action the client will take
concerning education and training that will result in full-time employment;
(ii) if the client does not have a high school diploma, enroll in high school or an
alternative to high school[, if the client does not have a high school diploma,] and demonstrate
progress toward graduation; and
(iii) make a good faith effort to meet the goals of the employment plan as provided in
Section 35A-3-304 .
(b) Cash assistance provided to a client before the client relinquishes a child for adoption
is part of the state plan.
(c) Assistance provided under Subsection (5):
(i) shall be provided for with state funds; and
(ii) may not be tolled when determining subsequent eligibility for cash assistance under
this chapter.
(d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
under the state plan.
[(d)] (e) The division shall monitor a client's compliance with this section.
[(e)] (f) Except for Subsection (6)(b), [the provisions of] Subsections (2) through (6)
[shall be] are excluded from the state plan.
Section 5. Section 35A-3-309 is amended to read:
35A-3-309. Information regarding home ownership.
(1) The division shall provide information and service coordination to assist a client to
[occupy] obtain affordable housing.

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(2) The information and services may include:
[(1)] (a) information from the Utah Housing Corporation and the Division of Community
Development within the Department of Community and Economic Development regarding special
housing programs, including programs for first-time home buyers and persons with low and
moderate incomes and the eligibility requirements for those programs;
[(2)] (b) referrals to programs operated by volunteers from the real estate industry that
assist clients in obtaining affordable housing, including information on home ownership, down
payments, closing costs, and credit requirements; and
[(3)] (c) referrals to housing programs operated by municipalities, counties, local housing
authorities, and nonprofit housing organizations that assist individuals to obtain affordable
housing, including first-time home ownership.
Section 6. Section 35A-3-310 is amended to read:
35A-3-310. Child care services.
(1) A parent client may receive assistance for child care under this part for a minor child
in the care and custody of the parent client, unless the other parent in a two-parent family:
(a) is capable of caring for the family's child;
(b) is not employed; and
(c) has not entered into an employment plan with the division.
(2) The division shall encourage a parent client to obtain child care at no cost from a
parent, sibling, relative, or other suitable provider.
(3) Within appropriations from the Legislature and in accordance with Title 63, Chapter
46a, Utah Administrative Rulemaking Act, [and Section 35A-3-107 ,] the department may make
rules governing eligibility for child care services for a minor child in the care and custody of a
parent who does not [or no longer receives] receive cash assistance under this part.
Section 7. Section 35A-3-313 is amended to read:
35A-3-313. Performance goals.
(1) As used in this section:
(a) "Performance goals" means a target level of performance or an expected level of

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performance against which actual performance is compared.
(b) "Performance indicators" means actual performance information regarding a program
or activity.
(c) "Performance monitoring system" means a process to regularly collect and analyze
performance information including performance indicators and performance goals.
(2) (a) The department shall establish a performance monitoring system for cash
assistance provided under this part.
(b) The department shall establish the performance indicators and performance goals that
will be used in the performance monitoring system for cash assistance under this part. [The
performance monitoring system shall begin on October 1, 1997.]
(c) (i) On or before December 31[, 1998, and every] of each year [thereafter], the
department shall submit to the legislative fiscal analyst and the director of the Office of Legislative
Research and General Counsel, a written report describing the difference between actual
performance and performance goals for the second, third, and fourth quarters of the prior fiscal
year and the first quarter of the current fiscal year.
(ii) (A) The legislative fiscal analyst[,] or the analyst's designee[,] shall convey the
information contained in the report to the appropriation subcommittee that has oversight
responsibilities for the Department of Workforce Services during the General Session that follows
the submission of the report.
(B) The subcommittee may consider the information in its deliberations regarding the
budget for services and supports under this chapter.
(iii) The director of the Office of Legislative Research and General Counsel[,] or the
director's designee[,] shall convey the information in the report to:
(A) the legislative interim committee that has oversight responsibilities for the
Department of Workforce Services; and
(B) the Utah Tomorrow Strategic Planning Committee.
Section 8. Section 35A-3-401 is amended to read:
35A-3-401. General Assistance.

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(1) (a) General Assistance may be provided to individuals who are not receiving cash
assistance under Part 3, Family Employment Program, or Supplemental Security Income, and who
are unemployable according to standards [promulgated] established by the department.
(b) (i) General Assistance may be provided by payment in cash or in kind.
(ii) The office may provide an amount less than the existing payment level for an
otherwise similarly situated client of cash assistance under Part 3, Family Employment Program.
(c) The office shall establish asset limitations for General Assistance clients [consistent
with Section 35A-3-107 ].
(d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
applicant for the federal Supplemental Security Income program, if the applicant agrees to
reimburse the division for assistance advanced while awaiting the determination of eligibility by
the Social Security Administration.
(ii) General Assistance payments may not be made to a current client of cash assistance or
Supplemental Security Income.
(e) (i) General Assistance may be used for the reasonable cost of burial for a client, if
heirs or relatives are not financially able to assume this expense.
(ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed, Section
53B-17-301 applies.
(iii) The department shall fix the cost of a reasonable burial and conditions under which
burial expenditures may be made.
(2) The division may cooperate with any governmental unit or agency, or any private
nonprofit agency in establishing work projects to provide employment for employable persons.
Section 9. Repealer.
This bill repeals:
Section 35A-3-107, Disclosure of income and property owned -- Eligibility standards.
Section 35A-3-314, Assistance targets.
Section 35A-3-509, Review by Legislative Auditor General.

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