Senate Amendment 1
S 250 - Session 125 (2023-2024)
Workers' Com Commissioners

Senator Massey proposes the following amendment (SR-250.KM0006S):

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

SECTION X. Section 42-3-20 of the S.C. Code is amended to read:

 Section 42-3-20. (A)(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. A person is eligible to be a commissioner if, at the time of the 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) 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.
 (B) A commissioner shall be entitled to judicial retirement as provided under the provisions of Chapter 8 of Title 9, provided that the commissioner meets all eligibility requirements set forth in subsection (A) effective at the commissioner's initial appointment after July 1, 2024.
 (B)(C) The Governor, with the advice and consent of the Senate, shall designate one of the seven commissioners as chairman for a term of two years. At the conclusion of a commissioner's two-year term as chairman, the Governor shall appoint or reappoint a commissioner to serve as chairman. If the Governor does not appoint or reappoint a chairman at the expiration of the two-year term, a majority of the commission shall elect from among their members an interim chairman who shall serve until the Governor appoints another chairman. A deputy commissioner is not eligible to serve as chairman. Any person appointed to the commission is subject to removal as provided in Section 1-3-240(C).
 (D) No member of the Senate, or an individual with whom he is associated may represent a client for a fee before the commission if the Senator does not completely recuse himself from consideration of an appointee during the confirmation process. The Senator's recusal includes, but is not limited to, refraining from any participation in the questioning of an appointee during any debate, discussion, or consideration of whether an appointee should be confirmed at a subcommittee or full committee meeting or before the full Senate.
 (C)(E) The commissioners shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full commission reviews, and handle such other matters as may come before the department for judicial disposition. Full commission reviews shall be conducted by all commissioners, excluding the original hearing commissioner, or by three-member panels, excluding the original hearing commissioner, appointed by the chairman. The chairman, with approval of a majority of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of three-member panels have the same force and effect as full commission reviews.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.  The eligibility provisions contained in Section 42-3-20(A), as amended by this act, are effective for appointments made on or after July 1, 2024. Not withstanding the eligibility provisions contained in Section 42-3-20(A), as amended by this act, Commissioners serving on July 1, 2024 are not required to be a licensed attorney in order to continue serving on the commission for the remainder of the term to which the commissioner was elected.