H.B. 296 Enrolled

1

SOCIAL SERVICES - EMPLOYMENT FIRST PRIORITY
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: V. Lowry Snow
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill establishes an employment first priority policy for a person with a disability, a
10 person with a mental illness, and a person seeking treatment for a substance abuse
11 problem within the Employment Support Act and the Substance Abuse and Mental
12 Health Act.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . requires the Department of Workforce Services and Division of Substance Abuse
17 and Mental Health to, when providing services to a person with a disability, a
18 person with a mental illness, or a person seeking treatment for a substance abuse
19 problem, give priority to providing services that assist the person in obtaining and
20 retaining meaningful and gainful employment;
21 . requires the entities described in the preceding paragraph to:
22 . develop a written plan to implement the policy described in the preceding
23 paragraph; and
24 . set annual goals to implement the policy and plan described in this bill,
25 determine whether the goals for the previous year have been met, and modify
26 the plan as needed; and
27 . makes technical changes.
28 Money Appropriated in this Bill:
29 None

30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 35A-3-103.5, as enacted by Laws of Utah 2011, Chapter 169
35 ENACTS:
36 62A-15-105.2, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 35A-3-103.5 is amended to read:
40 35A-3-103.5. Employment first emphasis on the provision of services.
41 (1) As used in this section, "recipient" means an individual who:
42 (a) has a disability;
43 (b) suffers from a mental illness; or
44 (c) is undergoing treatment for a substance abuse problem.
45 [(1)] (2) When providing services to a [person with a disability] recipient in the
46 programs provided under this chapter, the department shall, within funds appropriated by the
47 Legislature and in accordance with the requirements of federal and state law and
48 memorandums of understanding between the department and other state entities that provide
49 services to a [person with a disability] recipient, give priority to providing services that assist
50 an eligible [person] recipient in obtaining and retaining meaningful and gainful employment
51 that enables the [person] recipient to earn sufficient income to:
52 (a) purchase goods and services;
53 (b) establish self-sufficiency; and
54 (c) exercise economic control of the [person's] recipient's life.
55 [(2)] (3) The department shall develop a written plan to implement the policy described
56 in Subsection [(1)] (2) that includes:
57 (a) assessing the strengths and needs of a [person with a disability] recipient;

58 (b) customizing strength-based approaches to obtaining employment;
59 (c) expecting, encouraging, providing, and rewarding:
60 (i) integrated employment in the workplace at competitive wages and benefits; and
61 (ii) self-employment;
62 (d) developing partnerships with potential employers;
63 (e) maximizing appropriate employment training opportunities;
64 (f) coordinating services with other government agencies and community resources;
65 (g) to the extent possible, eliminating practices and policies that interfere with the
66 policy described in Subsection [(1)] (2); and
67 (h) arranging sub-minimum wage work or volunteer work for an eligible [person]
68 recipient when employment at market rates cannot be obtained.
69 [(3)] (4) The department shall, on an annual basis:
70 (a) set goals to implement the policy described in Subsection [(1)] (2) and the plan
71 described in Subsection [(2)] (3);
72 (b) determine whether the goals for the previous year have been met; and
73 (c) modify the plan described in Subsection [(2)] (3) as needed.
74 Section 2. Section 62A-15-105.2 is enacted to read:
75 62A-15-105.2. Employment first emphasis on the provision of services.
76 (1) As used in this section, "recipient" means an individual who is:
77 (a) undergoing treatment for a substance abuse problem; or
78 (b) suffers from a mental illness.
79 (2) When providing services to a recipient, the division shall, within funds
80 appropriated by the Legislature and in accordance with the requirements of federal and state
81 law and memorandums of understanding between the division and other state entities that
82 provide services to a recipient, give priority to providing services that assist an eligible
83 recipient in obtaining and retaining meaningful and gainful employment that enables the
84 recipient to earn sufficient income to:
85 (a) purchase goods and services;

86 (b) establish self-sufficiency; and
87 (c) exercise economic control of the recipient's life.
88 (3) The division shall develop a written plan to implement the policy described in
89 Subsection (2) that includes:
90 (a) assessing the strengths and needs of a recipient;
91 (b) customizing strength-based approaches to obtaining employment;
92 (c) expecting, encouraging, providing, and rewarding:
93 (i) integrated employment in the workplace at competitive wages and benefits; and
94 (ii) self-employment;
95 (d) developing partnerships with potential employers;
96 (e) maximizing appropriate employment training opportunities;
97 (f) coordinating services with other government agencies and community resources;
98 (g) to the extent possible, eliminating practices and policies that interfere with the
99 policy described in Subsection (2); and
100 (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
101 when employment at market rates cannot be obtained.
102 (4) The division shall, on an annual basis:
103 (a) set goals to implement the policy described in Subsection (2) and the plan described
104 in Subsection (3);
105 (b) determine whether the goals for the previous year have been met; and
106 (c) modify the plan described in Subsection (3) as needed.