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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3796 By: Hefner
AS INTRODUCED
An Act relating to labor; creating the Rethinking
Paying Subminimal Wage to Persons with Disabilities
Task Force; providing the purpose f or the Task Force;
providing for membership; providing rules for
reporting; providing for codification; and provid ing
an effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 365 of Title 40, unless there is
created a duplication in numbering, r eads as follows:
A. There is hereby created until May 31, 2025, the Rethinking
Paying Subminimal Wage to P ersons with Disabilities Task Force.
B. The Task Force shall study and develop a plan to phase out
the practice of paying workers with disabilities subminimum wages
under 14(c) certificate programs in Oklahoma. The Task Force sh all
study, review, and make recommendations on the following, with a
focus on transitioning workers with disabilities currently being
paid subminimum wages under 14(c) certificates to competitive,
integrated employment at or above minimum wage , and when
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appropriate, alternative meaningful day progra ms for those not able
or wanting to move to competitive, integrated employment :
1. Identify potential obstacles and negative impacts of phasing
out subminimum wages and 14(c) use in Oklahoma; and
2. Develop a plan for phasing out subminimum wages and 14(c)
use in Oklahoma that:
a. reduces potential negative impacts and maximizes the
potential for successful transition to competitive,
integrated employment,
b. includes alternative meaningful day programs for those
individuals who do not wish to transition to
competitive, integrated employment or for those for
whom it is not appropriate, and
c. establishes an appro priate timeline for phasing out
subminimum wages.
C. The Task Force shall consist of twenty (20) members as
follows:
1. The Director of the Department of Human Services
Developmental Disabilities S ervices Division or his or her designee;
2. The Director of the Oklahoma Department of Reh abilitation
Services or his or her designee;
3. The Secretary of Commerce and Workforce Development ;
4. The State Purchasing Director;
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5. The State Director of the Oklahoma Department of Career and
Technology Education ;
6. A representative of the Oklahoma S tate Chamber, appointed by
the Governor;
7. A member of the Oklahoma House of Representati ves, appointed
by the Speaker of the House of Representatives ;
8. A member of the Okla homa State Senate, appointed by the
President Pro Tempore o f the Senate;
9. A representative of Oklahoma Community-Based Providers,
appointed by the Governor;
10. A director of a sheltered workshop program with an active
14(c) certificate, appointed by the Governor ;
11. A director of a program who previously held a 14 (c)
certificate and successfully transitioned to community integrated
employment, appointed by the Speaker of the House of
Representatives;
12. A representative of the federally funde d protection and
advocacy system for Oklahoma known as the Oklahoma Disability Law
Center, appointed by the President Pro Tempore of the Senate ;
13. A self-advocate who is currently enrolled or was previously
employed at subminimum wage , appointed by the Board of the Oklahoma
Developmental Disabilitie s Council;
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14. A self-advocate who has successfully transitioned from
subminimum wage to competitive, integrated employment, appointed by
the Board of the Oklahoma Developmental Disabilities Council.
15. A parent or family member of a person with a disability who
is currently enrolled or was previously employed at subminimum wage ,
appointed by the Speaker of the House of Repres entatives;
16. A parent or family member of a person with a disability who
has successfully transitioned from subminimum wage to competitive,
integrated employment , appointed by the President Pro Tempore of the
Senate;
17. A private employer who employs individuals with
disabilities, appointed by the Governor;
18. A representative of the Oklaho ma state chapter of the
Association of People Supporting Employment First, appointed by the
Governor;
19. The Director for Learning and Leadership/University Center
for Excellence in Developmental Disabilities; and
20. A director of an agency specializing in employment services
for the blind, appointed by the Speaker of the House of
Representatives.
D. The member of the House of Repres entatives and the member of
the Senate shall serve as co-chairs of the Task Force. Appoint ments
to the Task Force shall be made within thirty (30) days after the
effective date of this act. Meetings of t he Task Force shall be
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held at the call of either c o-chair of the Task Force. Members
shall serve at the pleasure of their appointing authori ties. A
majority of the members of the Task Force sh all constitute a quorum
to transact business, but no vacancy s hall impair the right of the
remaining members to exercise all of the powers of the Task Force.
Except as otherwise provided, a vacancy on t he Task Force shall be
filled by the original appoint ing authority. If the original
appointing authority fails to make an appointment within thirty (30)
days after the effective date of this act, a majority of the members
of the Task Force who have been a ppointed may fill the vacancy to
the open position. Staff support for the Task Force shall be
provided by the staff of the Oklahoma House of Representatives and
the Oklahoma State Senate. The Oklahoma Departme nt of Career and
Technology Education, Oklah oma State Regents for Higher Education,
Office of Disability Concerns, Oklahoma Department of Rehabilitation
Services, Oklahoma Health Care Authority, Department of H uman
Services, and the State Use Committee of the Office of Management
and Enterprise Services shall provide support and information as
requested by the Task Force.
E. Members of the Task Force shall receive no compensation for
serving on the Task Force, but may receive travel reimbursement,
contingent on the availability of private funds for this purpose.
F. The Task Force may seek the assistance of the Legislative
Service Bureau or the State Board of Education to contract with an
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independent consultant as necessary to fulfill the duties specified
in this section, contingent on the availabili ty of funds.
G. The Task Force shall submit a final report by January 1,
2025, to the Governor, the President Pro Tempore of the Senate, and
the Speaker of the House of Representatives.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9017 TJ 01/17/24