CHAPTER 441

FORMERLY

SENATE JOINT RESOLUTION NO. 18

REESTABLISHING A WORKMEN'S COMPENSATION COMMISSION TO STUDY WORKMEN'S COMPENSATION INSURANCE IN THE STATE OF DELAWARE AND ELSEWHERE FOR THE PURPOSE OF MAKING RECOMMENDATIONS TO THE GENERAL ASSEMBLY AS TO A SUGGESTED TOTAL REVISION OF DELAWARE'S WORKMEN'S COMPENSATION LAW AND IMPROVEMENT IN THE ADMINISTRATION OF SAID LAW, AND PROVIDING A SUPPLEMENTAL APPROPRIATION THEREFOR.

WHEREAS, the 129th General Assembly, through passage of Senate Joint Resolution 44, established a Workmen's Compensation Commission to study the status of workmen's compensation insurance in the State of Delaware for the purpose of making recommendations to the General Assembly as to a suggested total revision of said Law; and

WHEREAS, that Commission has issued its final report in which it made suggestions as to possible improvement of the present Workmen's Compensation Law and administration of same, but also concluded that any comprehensive review and revision of the present Workmen's Compensation Law and system was beyond the capability of any volunteer Commission, working without staff or expert assistance; and

WHEREAS, said Commission strongly recommended that either itself or a successor group be reestablished to fully analyze the Delaware Workmen's Compensation Law and system, provided that any successor group must be funded so that there is adequate staff and the ability to obtain professional assistance; and

WHEREAS, there remain outstanding the circumstances delineated in Senate Joint Resolution 44, namely, a confusing Workmen's Compensation Law which has been amended on a piecemeal basis, and the need for the State to review and amend said Law as part of the State's efforts to improve its business climate for economic development.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 130th General Assembly of the State of Delaware, with the approval of the Governor, as attested by his signature appended hereto, that the Delaware Workmen's Compensation Commission is reestablished under the conditions specified herein.

BE IT FURTHER RESOLVED that the Commission shall consist of nine (9) members, seven of whom shall be appointed by the Governor, one (1) to be appointed by the President of the Senate, and one (1) to be appointed by the Speaker of the House of Representatives. Of the seven (7) members appointed by the Governor, two (2) shall be representatives of labor, residing and working in the State of Delaware, one (1) shall be a representative of business interests in the State of Delaware, two (2) shall be representatives of the insurance industry in Delaware, and the two (2) remaining members shall be members of the public unaffiliated with any of the groups represented above. No public officer, official, or employee charged with administration of any aspect of the workmen's compensation system or the approval of rates or rating classifications used in the State of Delaware may be appointed or serve as a member of said Commission.

BE IT FURTHER RESOLVED that the Governor shall also name a Chairman of the Commission who shall be one of the nine (9) members appointed to the Commission. A majority of the Commission members then in office shall constitute a quorum for the transaction of any business or the exercise of any power or function of the Commission. An affirmative vote of the majority of the quorum present at a duly called and noticed meeting shall be required to exercise any power or function of the Commission. Each member shall be entitled to one (1) vote on all matters which come before the Commission. The Commission may delegate to one or more of its members such duties as it deems proper.

BE IT FURTHER RESOLVED that the Commission is hereby charged with the responsibility of developing a long-term comprehensive revision of Delaware's Workmen's Compensation Law and suggested improvements in the administration of such Law in this State, for the purpose of providing prompt and equitable compensation to those injured and covered by that Law, while doing so at the most reasonable cost and in the most reasonable manner possible.

BE IT FURTHER RESOLVED that the Commission shall return its final report and recommendations to the Governor and to the General Assembly on or before March 1, 1980.

BE IT FURTHER RESOLVED that there is hereby appropriated to said Commission the sum of Fifty Thousand Dollars ($50,000) for the purpose of hiring temporary staff and retaining expert consultants in the furtherance of its tasks.

BE IT FURTHER RESOLVED that this is a supplemental appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

BE IT FURTHER RESOLVED that the funds herein appropriated remaining unexpended or unencumbered on June 30, 1980 shall revert to the General Fund of the State of Delaware.

Approved July 3, 1979.