South Carolina General Assembly
109th Session, 1991-1992

Bill 3568


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3568
Primary Sponsor:                Rudnick
Committee Number:               26
Type of Legislation:            GB
Subject:                        Workers' Compensation
                                Commission
Residing Body:                  House
Current Committee:              Labor, Commerce and Industry
Computer Document Number:       CYY/18149.SD
Introduced Date:                Feb 21, 1991
Last History Body:              House
Last History Date:              Feb 21, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rudnick
                                J. Brown
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3568  House   Feb 21, 1991  Introduced, read first time,    26
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE FOR TRANSITION PROCEDURES FOR THIS PROVISION TO TAKE EFFECT.

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 consists of seven members appointed by the Governor with the advice and consent of the Senate elected by the General Assembly for terms of six years and until their successors are appointed elected 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. Vacancies on the commission must be filled by election in the same manner of original election for the remainder of the unexpired term.

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 those other matters as may come before the department for judicial disposition. Full commission reviews shall must be conducted by six commissioners only, with the original hearing commissioner not sitting at such these reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the commission, reviews may be conducted by the five remaining commissioners but in such these cases decisions of the hearing commissioner shall may not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 . However, full 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 are assigned to panels. The decisions of such these panels shall have the same force and effect as nonpanel full commission reviews."

SECTION 2. The present members of the South Carolina Workers' Compensation Commission serving in office on the effective date of this act shall continue to serve until their current terms of office expire at which time their successors must be elected by the General Assembly in the manner specified by Section 42-3-20 of the 1976 Code as amended by this act.

SECTION 3. This act takes effect upon approval by the Governor.

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