SB 478 - This act makes a number of technical changes in the laws relating to the Department of Labor and Industrial Relations to reflect reorganization orders, new procedures and changes made in other laws since these sections were last revised. The salary of the members of the Labor and Industrial Relations Commission is revised to reflect the current salary, the relationship between the Department Director and the Division Directors is clarified and antiquated rulemaking language is repealed.

Whenever two members of the Commission are unable to agree on a case and the third member is not participating, a special commissioner shall be appointed for that case. Three persons will be named annually as special commissioners by the Commission. The special commissioners are reimbursed for expenses, but are not paid.

Under current law, appeals of Commission decisions are taken to circuit court, but under this act those appeals would go to the Western District Court of Appeals. The court may modify, reverse or remand the Commission's decision if the Commission acted without authority, the decision was obtained by fraud, the facts do not support the decision or there is not sufficient evidence to support the award.

A portion of this bill is also contained in HCS/HBs 300 & 95.
DAVID VALENTINE