H.B. 240

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 under this chapter, the
39 department shall, within funds appropriated by the Legislature and in accordance with the
40 requirements of federal and state law, give priority to providing services that assist the person
41 in obtaining and retaining meaningful and gainful employment that enables the person to earn
42 sufficient income to:
43 (a) purchase goods and services;
44 (b) establish self-sufficiency; and
45 (c) exercise economic control of the person's life.
46 (2) The department shall develop a written plan to implement the policy described in
47 Subsection (1) that includes:
48 (a) assessing the strengths and needs of a person with a disability;
49 (b) customizing strength-based approaches to obtaining employment;
50 (c) expecting, encouraging, providing, and rewarding:
51 (i) integrated employment in the workplace at competitive wages and benefits; and
52 (ii) entrepreneurship;
53 (d) developing partnerships with potential employers;
54 (e) maximizing employment training opportunities;
55 (f) coordinating services with other government agencies and community resources;
56 (g) to the extent possible, eliminating practices and policies that interfere with the
57 policy described in Subsection (1); and
58 (h) arranging sub-minimum wage work or volunteer work when employment at market

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

90 in Subsection (2);
91 (b) determine whether the goals for the previous year have been met; and
92 (c) modify the plan described in Subsection (2) as needed.
93 Section 3. Section 62A-5-103.3 is enacted to read:
94 62A-5-103.3. Employment first emphasis on the provision of services.
95 (1) When providing services to a person with a disability under this chapter, the
96 division shall, within funds appropriated by the Legislature and in accordance with the
97 requirements of federal and state law, give priority to providing services that assist the person
98 in obtaining and retaining meaningful and gainful employment that enables the person to:
99 (a) purchase goods and services;
100 (b) establish self-sufficiency; and
101 (c) exercise economic control of the person's life.
102 (2) The division shall develop a written plan to implement the policy described in
103 Subsection (1) that includes:
104 (a) assessing the strengths and needs of a person with a disability;
105 (b) customizing strength-based approaches to obtaining employment;
106 (c) expecting, encouraging, providing, and rewarding:
107 (i) integrated employment in the workplace at competitive wages and benefits; and
108 (ii) entrepreneurship;
109 (d) developing partnerships with potential employers;
110 (e) maximizing employment training opportunities;
111 (f) coordinating services with other government agencies and community resources;
112 (g) to the extent possible, eliminating practices and policies that interfere with the
113 policy described in Subsection (1); and
114 (h) arranging sub-minimum wage work or volunteer work when employment at market
115 rates cannot be obtained.
116 (3) The division shall, on an annual basis:
117 (a) set goals to implement the policy described in Subsection (1) and the plan described
118 in Subsection (2);
119 (b) determine whether the goals for the previous year have been met; and
120 (c) modify the plan described in Subsection (2) as needed.

Legislative Review Note
as of 1-24-11 11:19 AM

Office of Legislative Research and General Counsel