Current Status Bill Number:129 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Mescher All Sponsors:Mescher Drafted Document Number:RES9438.WCM Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' Compensation Commission, election
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, DUTIES, AND CHAIRMAN OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE FOR ELECTION OF MEMBERS OF THE COMMISSION BY THE GENERAL ASSEMBLY, TERMS OF FOUR YEARS, ELECTION OF THE COMMISSION'S CHAIRMAN BY THE GENERAL ASSEMBLY, THE MANNER OF FILLING VACANCIES, SCREENING OF CANDIDATES FOR THE OFFICE OF WORKERS' COMPENSATION COMMISSIONER BY THE GENERAL ASSEMBLY'S JUDICIAL SCREENING COMMITTEE, AND RELATED AND INCIDENTAL MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-16 SO AS TO PROVIDE THAT THE LAWS APPLICABLE TO THE SCREENING OF CANDIDATES FOR ELECTION TO ANY JUDGESHIP OR JUDICIAL OFFICE OR AS A MEMBER OF THE JUDICIARY APPLY TO CANDIDATES FOR ELECTION TO SERVE AS MEMBERS OF THE WORKERS' COMPENSATION COMMISSION AND THAT SUCH PERSONS MUST BE SCREENED BY THE GENERAL ASSEMBLY'S JUDICIAL SCREENING COMMITTEE; TO BAR MEMBERS AND CERTAIN FORMER MEMBERS OF THE GENERAL ASSEMBLY FROM ELECTION AS WORKERS' COMPENSATION COMMISSIONERS FOR A PERIOD OF TWO YEARS FROM THE LAST DAY OF SERVICE IN THE GENERAL ASSEMBLY; AND TO PROVIDE A DATE FOR THE EXPIRATION OF THE TERMS OF OFFICE OF THOSE PERSONS WHO ARE SERVING AS MEMBERS OF THE COMMISSION ON THE EFFECTIVE DATE OF THIS ACT, PROVIDE FOR THE ELECTION OF THEIR SUCCESSORS FOR INITIAL TERMS UNDER THE PROVISIONS OF THIS ACT, AND PROVIDE A DATE FOR THE COMMENCEMENT OF THE SUCCESSORS' INITIAL TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-3-20 of the 1976 Code is amended to read:
"Section 42-3-20. The Commission shall consist of seven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. The Governor with the advice and consent of the Senate shall designate one commissioner as chairman for a term of two years and the chairman may serve two terms in his six-year term but not consecutively. The commission consists of seven members elected by the General Assembly meeting in joint session for that purpose. There shall be one resident member elected from each of the state's six congressional districts and one member elected from the State at-large who shall be the commission's chairman. The members shall serve terms of four years and until their successors are elected and qualify, except that the members from the First, Third, and Fifth Congressional Districts shall serve initial terms of two years and until their successors are elected and qualify and, thereafter, shall be elected for and serve terms of four years and until their successors are elected and qualify. Vacancies on the commission must be filled by election in the same manner of original election for the remainder of the unexpired term. Candidates for the office of workers' compensation commissioner are subject to all of the provisions applicable to judicial screening provided in Chapter 19, Title 2 or otherwise by law prior to election and must be screened for office by the General Assembly's judicial screening committee.
The commissioners shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full Commission commission reviews, and handle such other matters as may come before the department for judicial disposition. Full Commission commission reviews shall be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission commission, reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981. However, full Commission commission reviews may also be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews."
SECTION 2. Chapter 19, Title 2 of the 1976 Code is amended by adding:
"Section 2-19-16. All of the provisions of this chapter, as well as any other provision of law, applicable to the screening of candidates for election to any judgeship or judicial office or as a member of the judiciary apply to candidates for election to serve as members of the Workers' Compensation Commission, and candidates for election to the Workers' Compensation Commission must be screened by the General Assembly's judicial screening committee."
SECTION 3. No person who is serving or who has served as a member of the General Assembly on the effective date of this act, unless he is at that time actually serving as a member of the South Carolina Workers' Compensation Commission, shall be eligible for election under Section 42-3-20 of the 1976 Code as a workers' compensation commissioner for a period of two years from the last day of his service as a member of the General Assembly.
SECTION 4. The terms of office of all persons who are serving as members of the South Carolina Workers' Compensation Commission on the effective date of this act expire on April 30, 1996. The General Assembly shall elect the successors of those persons for the initial terms provided for in Section 42-3-20 of the 1976 Code, as amended by Section 1, during the 1996 Session of the General Assembly, but not later than March 31, 1996, and the initial terms of the successor commissioners shall commence on May 1, 1996.
SECTION 5. Except as otherwise provided in this act, this act takes effect upon approval by the Governor.