H.B. 240 Enrolled

1

SOCIAL SERVICES - EMPLOYMENT FIRST PRIORITY
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: D. Chris Buttars
6
7 LONG TITLE
8 General Description:
9 This bill establishes an employment first priority policy for persons with a disability
10 within the Employment Support Act, State Office of Rehabilitation Act, and the Utah
11 Human Services Code.
12 Highlighted Provisions:
13 This bill:
14 . requires the Department of Workforce Services, the Utah State Office of
15 Rehabilitation, and the Division of Services for People with Disabilities to, when
16 providing services to a person with a disability, give priority to providing services
17 that assist the person in obtaining and retaining meaningful and gainful
18 employment; and
19 . requires the entities described in the preceding paragraph to:
20 . develop a written plan to implement the policy described in the preceding
21 paragraph; and
22 . annually set goals to implement the policy and plan described in this bill,
23 determine whether the goals for the previous year have been met, and modify
24 the plan as needed.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:

30 ENACTS:
31 35A-3-103.5, Utah Code Annotated 1953
32 53A-24-106.5, Utah Code Annotated 1953
33 62A-5-103.3, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 35A-3-103.5 is enacted to read:
37 35A-3-103.5. Employment first emphasis on the provision of services.
38 (1) When providing services to a person with a disability in the programs provided
39 under this chapter, the department shall, within funds appropriated by the Legislature and in
40 accordance with the requirements of federal and state law and memorandums of understanding
41 between the department and other state entities that provide services to a person with a
42 disability, give priority to providing services that assist an eligible person in obtaining and
43 retaining meaningful and gainful employment that enables the person to earn sufficient income
44 to:
45 (a) purchase goods and services;
46 (b) establish self-sufficiency; and
47 (c) exercise economic control of the person's life.
48 (2) The department shall develop a written plan to implement the policy described in
49 Subsection (1) that includes:
50 (a) assessing the strengths and needs of a person with a disability;
51 (b) customizing strength-based approaches to obtaining employment;
52 (c) expecting, encouraging, providing, and rewarding:
53 (i) integrated employment in the workplace at competitive wages and benefits; and
54 (ii) self-employment;
55 (d) developing partnerships with potential employers;
56 (e) maximizing appropriate employment training opportunities;
57 (f) coordinating services with other government agencies and community resources;

58 (g) to the extent possible, eliminating practices and policies that interfere with the
59 policy described in Subsection (1); and
60 (h) arranging sub-minimum wage work or volunteer work for an eligible person when
61 employment at market rates cannot be obtained.
62 (3) The department shall, on an annual basis:
63 (a) set goals to implement the policy described in Subsection (1) and the plan described
64 in Subsection (2);
65 (b) determine whether the goals for the previous year have been met; and
66 (c) modify the plan described in Subsection (2) as needed.
67 Section 2. Section 53A-24-106.5 is enacted to read:
68 53A-24-106.5. Employment first emphasis on the provision of services.
69 (1) When providing services to a person with a disability under this chapter, the office
70 shall, within funds appropriated by the Legislature and in accordance with the requirements of
71 federal and state law, give priority to providing services that assist the person in obtaining and
72 retaining meaningful and gainful employment that enables the person to:
73 (a) purchase goods and services;
74 (b) establish self-sufficiency; and
75 (c) exercise economic control of the person's life.
76 (2) The office shall develop a written plan to implement the policy described in
77 Subsection (1) that includes:
78 (a) assessing the strengths and needs of a person with a disability;
79 (b) customizing strength-based approaches to obtaining employment;
80 (c) setting expectations, providing appropriate services toward, and recognizing
81 success in:
82 (i) integrated employment in the workplace at competitive wages and benefits; and
83 (ii) self-employment;
84 (d) developing partnerships with potential employers;
85 (e) providing appropriate employment training opportunities;

86 (f) coordinating services with other government agencies and community resources
87 included in the Workforce Investment System;
88 (g) to the extent possible, eliminating practices and policies that interfere with the
89 policy described in Subsection (1); and
90 (h) arranging for alternative work experience leading to competitive, integrated
91 employment, including work-based training, volunteer work, and internships.
92 (3) The office shall, on an annual basis:
93 (a) set goals to implement the policy described in Subsection (1) and the plan described
94 in Subsection (2);
95 (b) determine whether the goals for the previous year have been met; and
96 (c) modify the plan described in Subsection (2) as needed.
97 Section 3. Section 62A-5-103.3 is enacted to read:
98 62A-5-103.3. Employment first emphasis on the provision of services.
99 (1) When providing services to a person with a disability under this chapter, the
100 division shall, within funds appropriated by the Legislature and in accordance with the
101 requirements of federal and state law, give priority to providing services that assist the person
102 in obtaining and retaining meaningful and gainful employment that enables the person to:
103 (a) purchase goods and services;
104 (b) establish self-sufficiency; and
105 (c) exercise economic control of the person's life.
106 (2) The division shall develop a written plan to implement the policy described in
107 Subsection (1) that includes:
108 (a) assessing the strengths and needs of a person with a disability;
109 (b) customizing strength-based approaches to obtaining employment;
110 (c) expecting, encouraging, providing, and rewarding:
111 (i) integrated employment in the workplace at competitive wages and benefits; and
112 (ii) self-employment;
113 (d) developing partnerships with potential employers;

114 (e) maximizing appropriate employment training opportunities;
115 (f) coordinating services with other government agencies and community resources;
116 (g) to the extent possible, eliminating practices and policies that interfere with the
117 policy described in Subsection (1); and
118 (h) arranging sub-minimum wage work or volunteer work when employment at market
119 rates cannot be obtained.
120 (3) The division shall, on an annual basis:
121 (a) set goals to implement the policy described in Subsection (1) and the plan described
122 in Subsection (2);
123 (b) determine whether the goals for the previous year have been met; and
124 (c) modify the plan described in Subsection (2) as needed.