A BILL TO BE ENTITLED
AN ACT to require the governor's appointments to the industrial commission to be confirmed by the general assembly and to make members of the commission and deputy commissioners subject to the judicial conduct standards of the Judicial standards commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 97‑77 reads as rewritten:
"§ 97‑77.  North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
(a)	There is hereby created a commission to be known as the North Carolina Industrial Commission, consisting of seven commissioners who shall devote their entire time to the duties of the Commission. The Governor shall appoint the members of the Commission, one for a term of two years, one for a term of four years, and one for a term of six years. Of the additional appointments made in 1994, one shall be for a term expiring June 30, 1996, one for a term expiring June 30, 1998, and two for terms expiring June 30, 2000. Upon the expiration of each term as above mentioned, the Governor shall appoint a successor for a term of six years, and thereafter the term of office of each commissioner shall be six years. Each appointment made by the Governor shall be subject to confirmation by the General Assembly by joint resolution. The name of each commissioner to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before May 1 of the year in which the term for which the appointment to be made expires. Upon failure of the Governor to submit names as herein provided, the Lieutenant Governor and Speaker of the House of Representatives jointly shall submit the names of a like number of commissioners to the General Assembly for confirmation by the General Assembly. Regardless of the way in which the names of commissioners are submitted, confirmation of commissioners shall be accomplished prior to adjournment of the session of the General Assembly in which the names were submitted. Not more than three appointees shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employers, and not more than three appointees shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employees.
(b)	One member, to be designated by the Governor, shall act as chairman. The chairman shall be the chief judicial officer and the chief executive officer of the Industrial Commission; such authority shall be exercised pursuant to the provisions of Chapter 126 of the General Statutes and the rules and policies of the State Personnel Commission. Notwithstanding the provisions of this Chapter, the chairman shall have such authority as is necessary to direct and oversee the Commission. The chairman may delegate any duties and responsibilities as may be necessary to ensure the proper management of the Industrial Commission. Notwithstanding the provisions of this Chapter, Chapter 143A, and Chapter 143B of the General Statutes, the chairman may hire or fire personnel and transfer personnel within the Industrial Commission.
The Governor may designate one vice‑chairman from the remaining commissioners. The vice‑chairman shall assume the powers of the chairman upon request of the chairman or when the chairman is absent for 24 hours or more. The authority delegated to the vice‑chairman shall be relinquished immediately upon the return of the chairman or at the request of the chairman. The standards of judicial conduct of the Judicial Standards Commission provided for judges under Article 30 of Chapter 7A of the General Statutes shall apply to members of the Commission, including all deputy commissioners. Members of the Commission shall be liable to impeachment for the causes and in the manner provided for judges of the General Court of Justice under Chapter 123 of the General Statutes. Members of the Commission shall not engage in any other employment, business, profession, or vocation while serving in this office."
SECTION 2.  This act is effective when it becomes law and applies to appointments for terms expiring after June 30, 2009.