Senate Judiciary Committee Amendment
S 250 - Session 125 (2023-2024)
Workers' Com Commissioners

The Committee on Judiciary proposes the following amendment (SJ-250.MB0005S):

Amend the bill, as and if amended, SECTION 1, by striking Section 42-3-20(A)(1) and (2) and inserting:

(1) 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. Effective for appointments made on or after July 1, 2024, a person is eligible to be a commissioner if, at the time of his appointment, he is a citizen of the United States and of this State, has attained the age of thirty-two years upon his appointment, has been a licensed attorney for at least eight years upon his appointment, and has been a resident of this State for five years immediately preceding his appointment.
  (2) Notwithstanding the provisions of this section, commissioners serving on July 1, 2024, are not required to be a licensed attorney to be eligible to continue serving as a commissioner.
  (3) In the event the Governor does not fill a vacancy within sixty days after the vacancy occurs, the commission by majority vote shall deputize a person with suitable experience, training, and knowledge to serve as a deputy commissioner to serve until such time as the Governor fills the vacancy. As soon as the Governor appoints a replacement who is confirmed by the Senate, the deputy commissioner shall immediately cease to serve in that office. While serving as a deputy commissioner, the deputy commissioner has the power and authority to swear or cause the witnesses to be sworn and shall transmit all testimony and shall make a recommendation to the commission for an award. The commission must determine the award based upon testimony received by the deputy commissioner and may consider the deputy commissioner''s recommendation.

Amend the bill further, SECTION 2, by striking Section 42-3-40(B) and inserting:

 (B) A commissioner shall be entitled to judicial retirement as provided under the provisions of Chapter 8 of Title 9, provided the commissioner meets all eligibility requirements under Section 42-3-20(A) effective at the commissioner's initial appointment after July 1, 2024.

Amend the bill further, SECTION 4, by striking Section 9-8-40(A)(3) and inserting:

  (3) All commissioners of the Workers' Compensation Commission, who have not retired and are eligible pursuant to Section 42-3-20, may elect to become a member of the system. Commissioners making that election may transfer prior service into the system as provided in Section 9-8-50, and to the extent the service thus transferred occurred after the member took office as a commissioner, that service is deemed earned service in the system.

Amend the bill further, by striking SECTION 5 and inserting:

SECTION 5. This act takes effect upon approval by the Governor and applies to commissioners with an initial appointment on or after July 1, 2024, and to their subsequent reappointments.