Last printed 7/17)2012 3:02:00 PM 2012 Regular Session ... 23 2012.pdf · Last printed 7/17)2012...

Last printed 7/17)2012 3:02:00 PM

2012 Regular Session

LSLI Disposition Sheets for R.S. 23

Effective date is August 1, 2012 unless otherwise noted.

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/23:1203 CE) Amend 235

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/23:1749.1 thn 1749.8 --Enact 263 1

/ 23:1761(9) Amend 786 1

43:1769 Enact 387 2

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Regular Session, 2012

HOUSE BILL NO. 954

BY REPRESENTATWE DM4

/To amend and reenact itS. 3:2004, 4222(C)j and 4674(F), KS. jW84, fl64, and 1413,

/ I —R.S. 12. KS. 03.6(A), /Q.S. .111808(0). 2048.31(B), 2048.32(C),

3139.5(3)(a), 3201(A) and (B)(1/ 3202(1), 3351.1l(D)(3), 3973(inhroductory

paragraph), (1)(e), and (2)(b)(i) anL (ii), 3991(F), 3995(B), and 4001(A) and (C)(1),

(2), and (4), R.S. 2343, 1203.1Q6(inftoductory paragraph), and 1294(A)(1), R.S.er

_j36(C)(3), 513(A)(4) and (5)()(ii) and (F), KS. 28:821(C) and 824(A) and (C),a

R.Sjl23(B) and (D), 143(A (5) and (6), 175(A), 213, 215, and 234(A)(1), R.S.

33:41 .1(G), R.S.36:3(4), 4 )(1)(aa) and (ee), (6)(a), and (18), (F), (L), (N), (U),

and (X), 4.1(D)(9) and (15), 3(A), 109(N), 201(C)(1), 209(B)(1)(a), (C)(1), (F),

(H)(1), (4), (5), (6), (10), an (11), (J), (IC), (L), (M), (N), (0), (Q), (5), (T), (U),

(W)(2), and (X), 239(B)(1), ), and (6) and (B), 259(E), (F)(9), (10), (16), (18), and

(21), (0), (I)(5), (fl(1), aid )(1), (M), (Q), (T), (U), (W), (X), (BB)(1), (CC), and

(GG), 309(B), (C)(1), and ), 359(D), (1), (K), and (L), 409(B), (C)(1), (2), (4), (5),

and (8), (0), (B), (F) ( ), (11), (J), (L), and (0), 459(B), (C), and (H),

474(B)(1)(a)(introductoryp agraph) and (i), 475(A), 478(F), (H)(3) and (4), 509(C),

(F)(2), (3), and (8), (H), (K , (L), (I’’1), (0), (Q), (B.), (5), and (T), 610(B)(1), (10),

and (11), (B), (F), (Fl), (1), ), (L), and (N), 629(C)(5), (6), and (8), (D), (B), (F),

((3), (H), (3), (K), (L), and ,643(A) and (C), 651(B), (C), (D), (B), (H), (L), (tv!),

(P), (U), DC), (Y), (Z), and (BB), 686(A)(2), (3), and (5), (B), and (F), 706(B) and

(C), 725(A), 744(B), (H)/(1) (.1), (0J, (T), and (U), 769(C), (D)(1), (2), (4), and (6),

(F), (H), (1), and (L), 802fintroductory paragraph), 802.6, 802.9, 803(A)(1), 85 1(A),

I901(A), 918, and 921(4, R.S. 37:3103(A)(3.1) and 3134, R,S. 39:1593.1(B), R.S.

40:2009.1 (C)(2)(d), R.. 42:1 7(A)(9), 66(C), 11 19(C)(3), and 1123(12) and (14), and‘a

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1 R.S. 56:1699(C)(introductoiy paragraph), to enact R.S. 36:4(B)(14) and (H),

a /2 4.1(D)(16), 239(C), 259(D), 3O9 and (G), 409(1), (F), and (Q), 459(D), 478(M),

3 629(R), 651(5), and 686(0), and/to repeal R.S. 17:3138, Chapter 10 of Title 25 of

4 the Louisiana Revised Statutes p11950, comprised ofKS. 25571 through 576, P_S.I a

5 25:802(3), (4), (10), and R,S. 35:396, R.S. 36:4.1(D)(18), 53(E), 109(A),jes

6 209(A), (H)(9) and (14), aId (AA), 239(A) and (B)(3) and (5), 259(A), (C)(24),

7 (E)(22), (F)(8), (15), and 9k9), and (1X4), 309(A) and (C)(3), 359(A), 408(B)(3),

8 409(A) and (fl(2), 459(A)/478(A). (B), and (H)(8), (9), (10), and (11), 509(A), (

9 (F)(l), and (0), 610(A)f629(A) and (C)(4), 650(B), 651(A), (K), (N), and (V),I V

10 744(A), 769(A), (D)(3 and (5), (B), and (K), 802.4, and 802.8, R,S. 37:3601,

11 Chapter 30 ofTitle 40 otthe Louisiana Revised Statutes of 1950, comprised ofP_S.

12 40:2801 through 280?i and Act Nd *PIe 1960 Regular Session of the

13 Legislaftre, relative t the various provisions of the Louisiana Revised Statutes of

14 1950; to provide f9r various technical corrections in provisions of the statutes,

15 including correctiy4sin legal citations, corrections in names of agencies, officers,

16 and other entiti , removal of references to agencies and other entities that have

17 otherwise bee/repealed or no longer exist and conforming changes to clari&

18 potentially c/nflictin language; and to provide for related matters.

19 Be it enacted by e Legislature ofLouisiana:

20 Sectio . R.S. 3:2004, 4222(C), and 4674(F) are hereby amended and reenacted to

21 read as fob/a:

22 §2004. Scrub bull defined

23 For the purpose ofthis Part the term “scrub bull” means any bull not entitled

24 to pedigree or registration, as such terms are ordinarily understood in registry

25 associations, societies, or companies recognized by the United States Department of

26 Agriculture and approved by the Louisiana Statc Lvc0toJc Sanital) Board f

27 Animal Health.

28 * * *

29 §4222. Federal and state cooperation; designated authority

30 * * *

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RB NO. 954 ENROLLED

to pay to members ofthe immediate family of any such natural persons, or to make 4)

any investments.

(4) The state board shall not knowingly approve the loan portion of any type

Tvve 2 charter school’s budget proposal if the background checks required by the

state board reveals that any person principaL to the charter school proposal has been

convicted of any felony related to misappropriation of fimds or theft.

Section 6. R.S. 23:4 • 203.1 (F)(bfroducto;paragraph), and 1294(A)(1) arehereby

amended and reenacpdi read as follows:

§43. Appointment; compensation

All members of the board of boiler inspector examiners, except the chief

inspector, shall be appointed by the setj executive director, and shall serve at

his pleasure, without compensation.

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§ 1203,1. Medical treatment schedule; medical advisory council

* * *

F. The director of the office of workers’ compensation administration shall

appoint a medical advisory ñmittC council, which shall be selected in accordance

with the following:

* * *

§1294. Workers’ Compensation Advisory Council

A.(1) The Workers’ Compensation Ailvisory Council is hereby created

within the Louisiana Workforce Commission pursuant to R.S. 3G.309(C)(5)

36:309(C)(4). fr’7

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Section 7. 11.5. 24:36(C)(3), A)(4) and (5)(a)(ii) and (F) are hereby amended

and reenacted to read as fojJe1

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118 NO. 954 ENROLLED 0N

1 Section 17. R.S. 17:3138, Chapter 10 ofTitle 25 ofthouisiana Revised Statutes 0)

2 of 1950, comprised ofR,S. 25:57lthrough 576, andR.S.3582(3), (4), (10), and (11), R.S.

/3 35:396, R.S. 36:4.1(D)(l8), 53(E), 109(A), 2095A,(H)(9) and (14), and (AA), 239(A) and .1..

4 (B)(3) and(S), 259(A), (C)(24), (E)(22), (Fjc$Xt15), and (19), and (l)(4), 309(A) and (C)(3), °

5 359(A), 408(B)(3), 409(A) and (J)9)4’9(A). 478(A), (B), and (HJ(8), (9), (10), and (11), Ct6 509(A), (E), (F)(1), and (G),$*), 529(A) and (C)(4), 550(B), 651(A), (IC), (N), and (‘/),

7 744(A), 769(A), (D)(3Iand (5), (B), and (K), 802,4, 802.8, R.S. 37:3601, and ActNo. 16 of

8 the 1fl.egCSession of the Legislature are hereby repealed in th55.Wiret.

9 Section 18. Chapter 30 of Title 40 of the Loiiisianä1ised Statutes of

10 comprised of RS. 28O1 rouglrl8 3, is hereby repealed in its entirety.

11 Section 19. It is the intent of the legislature in enacting this Ac_9MiCActs that

12 originated as House Bills Nos. 94, 372,373, 565, 526, and 640 gS ate Bills Nos. 62, 87,

13 249, 314, 315, and 384, all of which re-create deW2edthe executive branch of state

14 / — government and statutory entities m part of such departments by law, shall not

15 supersede the provisio this Act, and such Acts shall not have the effect of continuing

4 16 anyyJitcthority repealed by this Act.

17 Section 2(1(A) Sections 1 through 17 and3Øi6fthis Act and this Section

18 shall become effective on July 1, 20l3,Jt Act is vetoed by the governor and

19 subsequently approved by the 10 Lure, Sections 1 through 17 and Section 19 of this Act

20 and this Section sha come effective on July 1, 2012, or on the day following such

21 approva e legislature, whichever is later.

hiS 99 99 Lsee rs. 3 99

372. -t Rcr 112

3’73 —> ACT 999

- ACT- z&s [see 7’ Lj9j

k,tL,’> ><

I9O ‘CY

SS (Z> Act 7

1’-4 > Ylr SGZ rr ‘-19j

3-I> )<

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G9VERNOR OF THE STIITE OFJJ9tfiIANA

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F NO. 954 EOLLED

(B) Section 18 of this Act shall become effeptfe on September 1, 2012.

/ jASPEAKER OF H3 HOUSE OF REPRRSENTAftES

7NTOF7 /1APPROVED:

/I

Page 63 of 63

are additions.

Regular Session, 2012 ENROLLED

SENATE BILL NO. 612La. State Law Institute

BYSENATORJOHNS / PRINTER’S COPY(Jt NO EDITS/ ClassiflcationR. S.. ‘7_’5

1 AN/CT

2 To amend and reenact R,S. 23:151 and /83, relative to the employment of minors; to

I3 provide for certain exceptions;5y$rovidefor employment certificates; and to provide

4 for related matters. ji5 Be it enacted by the Legislature f Louisiana:

6 Section 1, R.S. 23:/I and 183 are hereby amended and reenacted to read as

7 follows:

8 §151. Application ofprovisions

9 The provisions ofthis Part shall not apply to minors employed in agriculture,

10 domestic services in private homes, nor shall they be construed as conflicting with

11 any laws requiring minors to attend school. Relief from the disabilities which attach

12 to minority shall not in no way defeat the protections extended by this Chapter to

13 persons under the age of eighteen.

14* * *

15 §183. Persons authorized to issue

16 & IiuylO}ThCut Except as provided in Subsection B of this Section, /

17 employment certificates thal+ jy be issued by either of the followhie:

18 ifi the parish or city public school superintendent or by his vi

19 designated representative.

20 (2) By the principal of a public or private school or by his dcsi2uated

21 representative.

22 B. If the student is a home study program participant. the employment

23 certificate may he issued by any person authorized to issue an employment

/24 certificate pursuant to Subsection A of this Section.

25 C. whose The name of each designated representative shall be submitted

26 in writing for approval to the executive director of the Louisiana Workforce

27 Commission or his designee. The superintendent of the parish, city, or other

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SB NO. 612 ENROLLED

public school 2overnina authority or his desianee. or the private school

principal or his designeenntst shall completely fill out and electronicallysubmit the

Employment Certificate Interactive Form located on the Louisiana Workforce

Commission’s website. The employment certificate shall be printed online from the

website from the information that has been entered onto the department’s

employment certificate database. The original employment certificate shall be signed

by the minor and the issuing authority and presented to the minor for delivery to his

or h employer.

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APPROVED: It-

OF LOUISIANA

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La. State Law InSENATE BILL NO. 521 PRINTERS tute

BY SENATOR

JOHNS€I/

2 To amend and reenact, theadings 642(A)(2), (3), and (B), relative to

3 employment; to prohibit aparis orinunicipalityfrom establishing certain minimum,

4 mandatory leave days; and provide for related matters.

5 Be it enacted by the Legislature Louisiana:

6 Section 1. The hea g of R.S. 23:642 and 642(A)(2), (3), and (B) are hereby

7 amended and reenacted to ead as follows:

8 §642. Setting minimum wage or employee benefits, prohibited

9 A. * * *

10 (2) The legislature further finds that wages and employee benefits comprise

11 the most significant expense ofoperating a business. It also recognizes that neither

12 potential employees nor business patrons are likely to restrict themselves to

13 employment opportunities or goods and services providers in any particular parish

14 or municipality. Consequently, local variation in legally required minimum wage

15 rates or mandatory, minimum number of vacatiou or sick leave days would

16 threaten many businesses with a loss of employees to areas which require a higher

17 minimum wage rate and many other businesses with the loss of patrons to areas

18 which allow for a lower wage rate and mare or less vacation or sick leave days.

19 The net effect of this situation would be detrimental to the business environment of

20 the state and to the citizens, businesses, and governments of the various local

21 jurisdictions as well as the local labor market.

22 (3) The legislature concludes from these findings that, in order for a business

23 to remain competitive and yet to attract and retain the highest possible caliber of

24 employees, and thereby to remain sound, an enterprise must work in a uniform

25 environment with respect to minimum wage rates and mandatory, minimum

26 number of vacation or sick leave days. The net impact of local variation in

27 mandated wages and mandatory, minimum number of vacation or sick leave

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SB NO. 521ENROLLED

thin wouid be economic instability and decline and a decrease in the standard of

living for the citizens ofthe state. Consequently, decisions regarding minimum wage

and employee benefit policy must be made by the state so that consistency in the

wage market is preserved.

B. Therefore, pursuant to the police powers ultimately reserved to the state

by Article VI, Section 9 of the Constitution of Louisiana, no local governmental

subdivision shall establish a mandatory, minimum number of vacation or sick

leave days. whether Daid or uupaid. or a minirrunn wage rate which a private

employer would be required to pay or grant employees.

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APPROVED:

_________

GOVERNOR OF LOUISIANA

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words in boldface type and underscored are additions.“OR


HOUSE BILL NO. 1121

BY REPRESENTATIVE JAMES

ANCT

To enact R.S. 239O5, relative to employey4cords; to provide for employee access to wage

and certain employment recor ; to provide for electronic transmission; to provide

for the payment of costs; an to provide for related matters.

Be it enacted by the Legislature f Louisiana:

Section 1. R.S. 23:9 is hereby enacted to read as follows:

905. Employee access to Tecords

A. The Louisiana Workforce Commission may make available, upon written

request by an employee, the employee’s wage and employer information. This

information shall be provided to the employee or his representative, for lending

purposes, tenant screening and insurance underwriting only.

B. The Louisiana Workforce Commission may allow, at the request of the

emyloyee. the electronic transmission of the employee’s records, directly or throui

a qualified third-party vendor as defined by the administrator. Such records shall be

provided only on an individual inquiry basis and shall not be maintained or reported

with other data. Any costs incurred by the commission in providing electronic

access to an employee’s wage and employment records to a third party shall be paid

entirely by the third party.

C. The Louisiana Workforce Commission shall have the authority to

promulgate any rules and regulations necessary to can-y out the provisions of this

Section including assurance for the security of data.

D.U’) Pursuant to this Section. the electronic employment records which the

Louisiana Workforce Commission may make available shall be only those records

which would otherwise be available to the employee who signed a written

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ENROLLED

La. State Law InstitutePRINTER’S Copy

NO EDITSC1assincatjon,_,_

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authorization for those records. Nothing herein shall authorize any vendor to breach

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computer systems.

the firewall or secure environment of the Louisiana Worlcfbrce Commission’s

(2) Data shall be exchanged onlyunder strictly controfled conditions. It shall

be destroyed after all legitimate uses have been made of it. Secondary release of

confidential or privacy-protected data by the vendor for use other than those

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purposes authorized by this Section shall be strictly prohibited.

(3) Any violation of this Subsection shall be subject to those same penalties

as provided for in R.S. 23:75(0(3).

B. Should any lawsuit be filed by a party who has a cause of action based

upon the provisions of this Section, the suit shall name the vendor and suit shall be

/

brought in a state court of competent jurisdiction and venue. The vendor shall

indemnifythe Louisiana Workforce Commission ofany damages, including attorney

fees and court costs, associated with a cause of action filed pursuant to this Section, /and any associated cost from providing data to a third party vendor shall likewise be

indemnified to the Louisiana Workforce Commission.

GOVØF

APPROVED:

______

LOUISIANA

ACT__

__

Regular Session, 2012ENROLLED

SENATE BILL NO. 158

BY SENATORS MORRELL, ALARJO, BROOME, DORSEY-COLOMB, ERDEY,

GUILLORY, LONG, MARTINY, MURRAY, PETERSON, GARY

SMITH, JOHN SMITH, TARVER, THOMPSON AND WHITE


NO EDITSClassification ‘ S.

1 ANCT

2 To enact R.S.jjó8 relative to whisfblower protection; to provide employment

3 protection for a person who repy4 the sexual abuse of a minor child; to provide a

4 cause of action for certain ployees; to provide for damages; to provide for

5 exceptions; and to provid or related matters.

6 Be it enacted by the Legislatur of Louisiana:

7 Section 1. R.S. 23:9/8 is hereby enacted to read as follows:

8 968. Whistleblower protection and cause of action

9 A. No employee shall be discharged, demoted, suspended. threatened,

10 harassed, or discriminated against in any manner in the terms and conditions

11 of his employment because of any lawful act engaged in by the employee or on

12 behalf of the employee in furtherance of any action taken to report the sexual

13 abuse of a minor child by any fellow employee to law enforcement whether

14 such fellow employee is a co-worker, supervisor or subordinate.

15 B.(1) Au employee of a public or private entity may bring action for

16 relief against his or her employer, in a court of competent jurisdiction, for

17 damages associated with any action taken by the employee which is in

18 furtherance of the protection of a minor child as is proyided for in Subsection/

19 Aofthis Section.

20 (2)A person aggrieved of a violation of Subsection A of this Section shall ‘1’

21 be entitled to treble damiwes plus court costs and reasonable attorney fees.

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SB NO. 158ENROLLED

C. A plaintiff shall not be entitled to recovery pursuant to this Section if

the court rmds that the plaintiff instituted or proceeded with a action that was

frivolous, vexatious, or harassing.

ovrnuqdk

APPROD:

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STATE OF LOUISIANA

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60Regular Session, 2012 ENROLLED

SENATE BILL NO. 763 (Substitute of Senate Bill No. 560 by Senator Donahue)

La. State Law InstituteBY SENATORS DONAHUE AND LAFLEUR PRINTER’S COPY

(V NO EDITS/ ?. . S . ‘1

ANACT vu

2 To amend and reenact R,S. 23:l201(F/introductorY paragraph) and (H), 1210(A),

3 1221 (3)(a) and (4)(s)(i), 1224 and e heading of 1314, and to enact itS. 23:1020.1

4 and 1314(0) and (B), relative t workers’ compensation; to provide for legislative

S purpose; to provide for legisl ye intent; to provide for construction; to provide with

6 respect to nonpayment of enefits; to provide with respect to burial benefits; to

7 provide with respect to a pplemental earnings benefits; to provide with respect to

8 benefits for catast.rohiØn.iurY; to provide with respect to prematurity ofactions; and

9 to provide for related atters.

10 Be it enacted by the Legisla roof Louisiana:

1] Section 1. ItS. 23 120] (F)(introductory paragraph) and (H), 1210(A), 1221 (3)(a)

12 and (4)(s)(i), 1224 and e heading of 1314 are hereby amended and reenacted and its.

13 23:1020.1 and 1314(D) /nd CE) are hereby enacted to read as follows:

14 §1020.1. Citation, purpose: legislative intent: construction

15 A. Citation. This Chapter shall be cited as the “Louisiana Workers’

16 Compensation Law”.

17 B. Purpose. The legislature declares that the purpose of this Chapter is

18 all of the following:

19 (1) To provide for the timely payment of temporary and permanent

20 disability benefits to all iniured workers who suffer an injury or disease arising

21 out of and hi the course and scope of their employment as is provided in this

22 Chapter.V

23 (2 To nay the medical expenses that are due to all injured workers

24 pursuant to this Chapter. 1

25 13) To return such workers who have received benefits pursuant to this

26 Chapter to the work force.

27 C. Lc2islative intent The leElsiature finds all of the following:

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(1) That the Louisiana Workers’ Compensation Law is to be interpreted

so as to assure the delivery of benefits to an injured employee in accordance

with this Chapter.

(2) To facilitate injured workers’ return to employment at a reasonable

cost to the employer.

U. Construction. The Louisiana Workers’ Compensation Law shall be

construed as follows:

(11 The provisions of this Chapter are based on the mutual renunciation

of leual rights and defenses by employers and employees alike: therefore, it is

the specific intent of the legislature that workers’ compensation cases shall be

decided on their merits.

(21 Disputes concerning the facts in workers’ compensation cases shall

not be given a broad, liberal construction in favor of either employees or

employers; the laws pertaining to workers’ compensation shall be construed in

accordance with the basic principles of statutory construction and not in favor

of either employer or employee.

(3) According to Article 111, Section 1 of the Constitution of Loidsiana.

the legislative powers of the state are vested solely in the legislature therefore.

when the workers’ comnensation statutes of this state are to be amended, the

legislature acknowledges its responsibility to do so. If the workers’

compensation statutes are to be liberalized, broadened, or narrowed, such

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actions shall be the exclusive purview of the legislature.

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fl201. Time and place of payment; failure to pay timely, failure to authorIze;

penalties and attorney fees

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F. Fathn Except as otherwise provided in this Chapter, failure to /

provide payment in accordance with this Section or failure to consent to the

employee’s request to select a treating physician or change physicians when such

consent is required by itS. 23:1121 shall result in the assessment of a penalty in an 1

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SB NO. 763 ENROLLED

1 amount up to the greater of twelve percent of any unpaid compensation or medical

2 benefits, or fifty dollars per calendar day for each day in which any and all

3 compensation or medical benefits remain unpaid or such consent is withheld,

4 together with reasonable attorney fees for each disputed claim; however, the fifty

5 dollars per calendar daypenalty shall not exceed amaximum oftwo thousand dollars

6 in the aggregate for any claim. The maximum amount of penalties which may be

7 imposed at a hearing on the merits regardless ofthe number ofpenalties which might

8 be imposed under this Section is eight thousand dollars. An award ofpenalties and V

9 attorney fees at any hearing on the merits shall be res judicata as to any and all

10 claims for which penalties may be imposed under this Section which precedes the

11 date of the hearing. Penalties shall be assessed in the following manner:

12* * *

13 H. ifi Upon making the first payment of compensation and upon

14 modification or suspension ofpayment for any cause, the employer or insurer shall

15 immediately send a notice to the office, in the manner prescribed by the rules of the

16 director, that payment ofcompensation has begun orhas been suspended, as the case

17 may be. After February 1.2013. a payor. which shall mean that entity which is

18 responsible by law or contract for the payment of benefits or medical expenses

19 incurred by the claimant as a result of an injury covered by this Chapter. shall

20 do aLl of the following:

21 (a) Prepare a notice of payment The form for the notice of payment

22 shall be promulgated by the office pursuant to the Administrative Procedure

23 Act

24 (b Send the notice of payment to the injured employee, or the

25 employee’s representative, with the first payment of compensation.

26 (c Send the notice of payment to the Iniured employee, or the

27 employee’s representative, within ten days of a suspension or modification to

28 compensation for any cause or within ten days of the suspension or modification

29 of the supplemental earnings benefit

30 (d) Send a copy of the notice of payment to the office within ten days

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SB NO. 763 ENROLLED

from the date that the original notice of payment was sent to the injured

employee or the employee’s representative.

(2)(aI The Injured employee or the employee’s representative who

accordance therewith to the injured employee or the employee’s representative.

(Ii) If the payor believes that the amount determined in the original

notice of payment was correct then the payor shall file a request for

preliminary determination, on a form to be promulgated by the office, and shall

provide a copy to the injured employee or the employee’s representative.

(c The preliminary determination shall be performed by the director’s

designee, who shall be a workers’ compensation judge specifically assigned to

handle preliminary determinations. Such preliminary determination hearing

shall occur within fifteen days of the filing of a request.

(d) The injured employee, the employee’s representative, the payor and

the employer, which includes the direct employer of a statutory employee

pursuant to R.5. 23:1061. shall participate in a preliminary determination

hearing by phone. The workers’ compensation judge may require any of these

parties to produce relcyant records necessary for the determination of

compensation provided for in the notice of payment. No later than thirty days

from the filing of the request for a preliminary determination, the workers’

compensation judge shall provide, in writing, a reconunended amount of

compensation.

(el The payer shalL within ten calendar days of the mailing of the

recommendation from the workers’ compensation judge, either mail to the

injured employee or the employee’s representative a revised notice of payment

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disagrees with any information provided on the notice of payment shall, in

writing, notify the payor of the basis for disagreement and proyide the amounts

believed appropriate.

(ii) The payor, within five business days of receipt of the notice of

disagreement, shall do one of the following:

(F) Send a revised notice of payment alone with a revised payment in

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with the recommended amoant if such recommended amount is different from

that which was previously provided on the initial notice of payment or notify

the injured worker or the employee’s representative in writing that the payer

does not accept the recommendation. No disputed claim for compensation

regarding the amount of compensation due shall be filed until the provisions of

this Subsection have been exhausted unless such a disputed claim is in regard

to a payor’s failure to provide a notice of payment as required by this

Subsection. A payer who provides the compensation amounts due as

recommended by the workers’ compensation judge shall not he subject to any

,pcpalty and attorney fees regarding such calculation of the compensation due

and payment provided with the revised notice of payment.

(fi A pavor who provides the compensation amounts due as

recommended by the workers’ compensation judge’s preliminary

recommendation and who disagrees with such preliminary recommendation

shall file a disputed claim for compensation within fifteen days of mailliw the

revised notice of payment and compensation amount due.

13) Within fourteen days after the final payment of compensation has been

made, the employer or insurer shall send a notice to the office, in the maimer

prescribed by the rules of the director, stating:

f+)fü The name of the injured employee or any other person to whom

compensation has been paid, or both.

(2)Th1 The date of injury or death.

f33fç The dates on which compensation has been paid,

(43f4) The total amount of compensation paid.

(53ffl The fact that final payment has been made.

* * *

§1210. Burial expenses; duty to furnish

A. In every case of death, the employer shall pay or cause to be paid, in

addition to anyotherbenefits allowableundertheprovisions of this Part, reasonable

expenses of the burial of the employee, not to exceed scvt.IA eight thousand five

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I hundred dollars.

2* * *

3 § 1221, Temporary total disability; permanent total disability; supplemental earnings

4 benefits; permanent partial disability; schedule of payments

5 Compensation shall be paid under this Chapter in accordance with the

6 following schedule ofpayments:

7* * *

8 (3) Supplemental earnings benefits.

9 (a)ffi For injury resulting in the employee’s inability to earn wages equal to

10 ninety percent or more of wages at time of injury, supplemental earnings benefits2

11 payable monthly, equal to sixty-six and two-thirds percent ofthe difference between

12 the average monthly wages at time of injury and average monthly wages earned or

13 average monthly wages the employee is able to earn in any month thereafter in any

14 employment or self-employment, whether or not the same or a similar occupation as

15 that in which the employee was customarily engaged when injured and whether or

16 not an occupation for which the employee at the time of the injury was particularly

17 fitted by reason of education, training, and experience, such comparison to be made

18 on a monthly basis. Average monthly wages shall be computed by multiplying his

19 “wages” by fifty-two and then dividing the guutient product by twelve.

20 (ill When the employee is entitled to monthly supplemental earnings

21 benefits pursuant to this Subsection, but is not receiving any income from

22 employment or self-employment and the employer has not established earning

23 capacity pursuant to U.S. 23:1226. payments of supplemental earning benefits

24 shaH be made in the manner provided for in U.S. 23:1201(AWfl.

25* * *

26 (4) Permanent partial disability. In the following cases, compensation shall

27 be solely for anatomical loss of use or amputation and shall be as follows:

28* * *

29 (s)(i) In addition to any other benefits to which an injured employee may be

30 entitled under this Chapter, any employee suffering an injury as a result of an

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SB NO. 763 ENROLLED

accident arising out of and in the course and scope of his employment shall be

entitled to a sum of thirty fifty thousand dollars, payable within one year after the

date of the injury. Interest on such payment shall not commence to accrue until after

it becomes payable. Such payment shall not be subject to any offset for payment of

any other benefit under this Chapter. Such payment shall not be subject to a claim

for attorney fees; however, attorney fees may be awarded in a claim to collect such

paymentpursuantto KS. 23:1201.2.

§ 1224. Payments not recoverable for first week; exceptions

No compensation shall be paid for the first week after the injury is received;

provided, that in cases where disability from injury continues for six fl!2 weeks or

longer after date of the accident, compensation for the first week shall be paid after

the first six ti weeks have elapsed.

§ 1314. Necessary allegations; dismissal ofpremature petition; dispute of benefits

D. Disputes over medical treatment pursuant to the medical treatment

schedule shall be premature unless a decision of the medical director has been

obtained in accordance with R.S. 23:1203.1(J).

E. Notwithstanding any other provisions of this Section, the employer

shall be permitted to file a disputed claim to controvert benefits or concerning

any other dispute arisin8 under this Chapter.

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APPROVED: 1,

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OF. LOUISIANA

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Regular Session, 2012 ENROLLEII


BYSENATORRISER PRINTER’S COPYNO EDITS

Classification P.. S , 13

ACT

2 To amend and reenact R.%ojl 123, 13/2(A) and (B)(1), 1203(E), 1307, and 1317.1(A),

3 relative to workers’ compe tion; to provide relative to independent medical

4 examinations; to provide tha/certain information be given to certain injured workers;

S to provide relative tou3ization review companies; and to provide for related

6 matters. /7 Belt enacted by the Legisla e of Louisiana:

S Section i.R.S. 2 .1123, 1 142(A) and (B)(1), 1203(E), 1307, and 1317.1(A) are

9 hereby amended and reejtacted to read as follows:

10 1 223. Disputes as to condition .r capacity to work, ui Cun tail niCditni) Ii i’atusCflt

11 Uf.U1?1Uyc; examination under supervision of the director

12 If any dispute arises as to the condition of the employee, or the employee’s

13 capacity to work, th mscut1ut.d1.,J tit.utnita.t for thc. the director,

14 upon application of any party, shall order an examination of the employee to be

15 made by a medical practitioner selected and appointed by the director. The medical

16 examiner shall report his conclusions from the examination to the director and to the

17 parties and such report shall be prima facie evidence ofthe facts therein stated in any

18 subsequent proceedings under this Chapter.

19 * * *

20 §1142, Approval of health care providers; fees

21 A. Definitions. For the purposes of this Section, the Ibliowing terms shall

22 have the following meanings unless the context clearly indicates otherwise:

23 (1) ‘Payor” shall mean the entity responsible, whether by law or contract, for

24 the payment of the medical expenses incurred by a claimant as a result of a work

25 related injury.

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SB NO. 367 ENROLLED

1 (2) “Utilization review company” shall mean the company or entity

2 which contracts with the payor. and which entity reviews the claimant’s medical

3 records and information and makes the determination of medical necessity in

4 accordance with this Chapter. for the purposes of assisting the pavor with the

5 authorization of the claimant’s medical care, services and treatment requested 7

6 pursuant to this Chapter.

7 B. Nonernergency care. (l)f Except as provided herein, each health care

8 provider may not incur more than a total of seven hundred fifty dollars in

9 nonemergency diagnostic testing or treatment without the mutual consent of the

10 payor and the employee as provided by regulation. Except as provided herein, that

11 portion of the fees for nonemergency services of each health care provider in excess

12 of seven hundred fifty douars shall not be an enforceable obligation against the

13 employee or the employer or the employer’s workers’ compensation insurer unless

14 the employee and the payor have agreed upon the diagnostic testing or Irealment by

15 the health care provider.

16 (bWiI The navor may contract with a utilization review company to assist

17 the payor in determining if the request for nonemergency diagnostic testing or

18 treatment, in an amount which exceeds seven hundred fifty dollars. is a medical

19 necessity as provided pursuant to this Chapter.

20 (ii) A medical necessity determination by a utilization review company

21 and the payor’s consent to authorize the requested nonemereency diagnostic

22 testing and treatment shall require only a review of the claimant’s medical

23 records and shall not require an examination of the employee.

24 * * *

25 § 1203. Duty to furnish medical and vocational rehabilitation expenses; prosthetic

26 devices; other expenses

27 * * *

28 B. Upon the first request for authorization pursuant to R.S.

29 23:1142)(1). for a claimant’s medical care, sece, or freatment the payor,/

30 defined in its. 23:1142(A)(l), shall communicate to the claimant information, in 4Page 2 of 4

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SB NO. 367 ENROLLED

1 plain language, regarding the procedure for requesting an independent medical

2 examination in the event a dispute arises as to the condition of the employee or the

3 employee’s capacity to work, and the procedure for appealine the denial of

4 medical treatment to the medical director as provided in ItS. 23:1203.1. A

S payor shall not deny medical care, service, or treatment to a claimant unless the

6 payor can document a reasonable and diligent effort in communicating such

7 information. A payor who denies medical care, service, or treatment without making

S such an effort maybe fined an amount not to exceed five hundred dollars or the cost

9 of the medical care, service, or treatment, whichever is more.

10 * * *

11 §1307. Information to injured employee

12 Upon receipt of notice of injury from the employer or other indication of an

13 injuryreportableunderR.S. 23:1306, the office shall mail immediatelyto theinjured V’

14 employee and employer a brochure which sets forth in clear understandable language

15 a summary statement of the rights, benefits, and obligations of employers and

16 employees under this Chapter, together with an explanation of the operations of the

17 office, and shall invite the employer and employee to seek the advice of the office

18 with reference to any question or dispute which the employee has concerning the

19 injury. Such brochure shall specifically state the procedure for requesting an

20 independent medical examination in the event a dispute arises as to the condition of

21 the employee or the employee’s capacity to work and the procedure for

22 appealing the denial of medical treatment to the medical director as provided

23 in R.S. 231203.1, If such brochure has previously been mailed to an employer

24 within the calendar year, the office shall not mail such employer an additional

25 brochure unless the employer specifically requests such.

26 * * *

27 §13 17.1. Independent medical examinations

28 A. Any party wishing to request an independent medical examination of the

29 claimant pursuant to ItS. 23:1l23;4 1124,1, d l291(D)(lO) J (11) shall be /

30 required to make its request at or prior to the pretrial conference. Requests for

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SB NO. 367 ENROLLED

independent medical examinations made after that time shall be denied except for

good cause or if it is found to be in the best interest of justice to order such

examination,

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GOVERNOR OF LOUIS [ANA

APPROVED;

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HOUSE BILL NO. 298

BY REPRESENTATIVE BROADWAThR La. State Law InstitutePRINTER’S COPY

NO EDITSClassification (( . S

1 ANCT

2 To amend and reenact R.S. 23:ll27(CX3)4<elative to written communication in workers’0 /

3 compensation claims; to prov%e for transmission by electronic mail in certain

4 circumstances; and to provi for related matters.

5 Be it enacted by the Legislatiirey’lLouisiana:

6 Section 1. R.S. 23:11 (C)(3) is hereby amended and reenacted to read as follows:

7 §1127. Release ofmedical records and information

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9 C.

10 * * *

11 (3) In addition to any other duty or responsibility provided by law, a case

12 manager or vocational rehabilitation counselor who is a party to a verbal

13 communication with the health care provider regarding an employee, as authorized

14 by Paragraph (1) of this Subsection, shall, within five working days of the

15 communication, mail a written summary of the communication and any work

16 restrictions or modifications required for the employe&s reasonable return to

17 employment to the employee, his representative, and the health care provider. The

18 summary shall be mailed by certified mail, return receipt requested, to the employee

19 or his representative, or by electronic mail if the employee or his reøresentative

20 consents in writing to such method of transmission. It shall include a narration of

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I-lB NO. 298 ENROLLED

any diagnosis or opinion given or discussed, any conclusions macbed concerning the

vocational rehabilitation plan, any return to work opportunities discussed consistent

with the vocational rehabilitation plan, and the medical evaluation of the health care

provider.

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APPROVED:

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OF LOUISIANA

La_c

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SENATE BILL NO. 386

BY SENATOR WARD

AACT

To amend and reenact ItS. 23:1201(E) 4 to enact R.S. 23:1203.2(D), relative to timely

a-payment ofmedical bills; to pr ‘ide for a shorter time frame for timely payment for

providers who utilize the el bonic billing rules and regulations; to provide relative

to the adoption ofnales d regulations relative to medical billing and payment; and

to provide for related atters.

Be it enacted by the Legis Me of Louisiana:

Section 1. R.S. :1201(E) is hereby amended and reenacted and R.S. 23:1203.2(0)

is hereby enacted to r ad as follows:

§ 1201. Time and place of payment; failure to pay timely; failure to authorize;

penalties and attorney fees

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E.ffl Medical benefits payable under this Chapter shall be paid within sixty

days after the employer or insurer receives written notice thereof, if the provider pf

medical services is not utilizing the electronic billing rules and regulations

provided for in R.S. 23:1203.2.

(2 For those providers of medical services who utilize the electronic

billing rules and regulations provided for in R.S. 23:1203.2, medical benefits

U. Nothing shall prohibit the director from promulgating and adopting

rules aud regulations, in accordance with the Administrative Procedure Act,

ItS. 49:950 et seq., regarding the development and implementation of a

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ENROLLED


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payable under this Chapter shall be paid within thirty days after the employer

or insurer receives a complete electronic medical bill, as defined by rules

promulgated by the Louisiana Workforce Commission.

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§ 1203.2. Electronic medical billing and payment

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SB NO. 386ENROLLED

centralized data warehouse for the collection of medical billing and payment

2. This Act shl becomeenJuly , 2013.

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OF LOUISIANA

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ENROLLED


HOUSE BILL NO. 1083La. State Law Institute

BYREPRESENTATIVEPYLANT PRINTER’S COPYNO EDITS

Classification t? S.

1 ANCT

2 To amend and reenact ItS. 23:1201.4, rela/ve to workers’ compensation; to provide for the

C I3 forfeiture of certain benefits wle incarcerated; to provide with respect to work

4 release; to provide with resp otto a transitional work program; to provide with

5 respect to medical benefits; d to provide for related matters.


7 Section 1. R.S. 23:120 .4 is hereby amended and reenacted to read as follows:

8 § 1201.4. Forfeiture ofbenefits while incarcerated; exclusions: medical exyenses

9 $fhe Except as urovided in Subsection B of this Section. the employee’s

10 right to compensation benefits, including medical expenses, is forfeited during any

11 period ofincarceration, unless a workers’ compensationjudge finds that an employee

12 has dependents who rely on a compensation award for their support, in which case

13 said compensation shall bemade payable and transmitted to the legal guardian of the

14 minor dependent or other person designated by the workers’ compensationjudge and

IS such payments shall be considered as having been made to the employee. After

16 release from incarceration, the employee’s right to claim compensation benefits shall

17 resume. An employee who is incarcerated but is later found to be not guilty of

18 felony criminal charges or against whom all felony charges have been dismissed by

19 the prosecutor shall have the prescriptive period for filing a claim for benefits under

20 this Chapter extended by the number of days he was incarcerated. /

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1 B. When an employee has been assigned to a work release or transitional

2 work program and has been injured as a result of such assianment. the urovisions of

3 this Section shall not be construed to limit the obligation of the employer to pay

4 medical expenses to a health care provider when such medical expenses would be

5 otherwise compensable under the Workers’ Compensation Act.

SPE R OF HOUSE REPRESENTATIVES

PRESIDE T S

GOVERN 0 E{E ST OF LOUISIANA

APPROVED:

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HOUSE BILL NO. 126

BY REPRESENTATIVES DIXON AND BROADWATERLa. State Law Institute


ciassitication._iq .s.

AQACT

To enact R.S. 23:1203.1(0) and 1294(C),4ativeto Workers’ Compensation; to provide for

immunity from legal proceedi to the Medical Advisory Council; to provide for

immunity from legal procee gs to the Workers’ Compensation Advisory Council;

to provide certain terms, onditions, and requirements; and to provide for related

matters.

Be it enacted by the Legisla e of Louisiana:

Section 1. R.S. 2Th 203.1(0) and 1294(C) are hereby enacted to read as follows:

§1203.1 Medical treatment schedule

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0.(fl No member of the Medical Advisors’ Council acting within the scope

of his official liinctions and duties shall be held individually liable for a policy

recommendation or policy action by the council, unless damage or injury is caused

by the member’s willful or wanton misconduct.

(2 A person immune from liability under the provisions ofParagraph (1) of

this Subsection shall not be subject to civil or administrative subpoena for his

recommendations or exercise of judgment as a member of the council, including a

subpoena seeking his oral or written testimony at trial, discovery, or other

proceeding, and a subpoena duces tecum seeking documents, inspections, things or

information in electronic or any other form.

* * *

§ 1294. Workers’ Compensation Advisory Council

* * *

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CAT) No member of the Worker’s Compensation Advisory Council acting

within the scone of his official functions and duties shall be held individually liable

for apolicy recommendation or policy action by the council, unless damage or injury

is caused by the member’s willfUl or wanton misconduct.

(2) A person immune from liability under the provisions of Paragraph (I) of

this Subsection shall not be subject to civil or administrative subpoena for his

recommendations or exercise of judgment as a member of the council. including a

subpoena seeking his oral or written testimony at trial, discovery, or other

SPEAKER OF THE OUSE OF RESENTATIVES

PRESIDENT NA B

(30V7KOF THE (TATE /OUISLANA

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proceeding, and a subpoena duces tecum seeking documents, inspections, things or

information in electronid or arty other form.

APPROVED:

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ACTnia

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SENATE BILL NO. 430

BY SENATOR MURRAY


NO EDITSClassification p •

ANCT

2 To amend and reenact R.S. 23:1209(AX3iand to enact R.S. 23:1209(A)(4), relative toC.: /

3 workers’ compensation; proØs for the prescriptive period of developmental

4 injury; to provide for payo t of temporary total disability benefits under certain

S circumstances; and to pr vide for related matters.

6 Be it enacted by the Legisla e of Louisiana:

7 Section 1. R.S/23:1209(A)(3) is hereby amended and reenacted and R.S.

8 23:l209(A)(4) is hereb enacted to read as follows:

9 § 1209. Prescription; timeliness of filing; dismissal for want of prosecution

10 A, * * *

11 (3) When the injury does not result at the time of or develop immediately

12 after the accident, the limitation shall not take effect until expiration ofone year from

13 the time the injury develops, but in all such cases the claim for payment shall be

14 forever barred unless the proceedings have been begun within two three years from

15 the date of the accident.

16 (4’) However, in all eases described in Pararaph (3’) of this Subsection,

17 where the proceedings have begun after two years from the dale of the work

18 accident but within three years from the date of the work accident the

19 employee may be entitled to temporary total disability benefits for a period not

20 to exceed six months and the payment ofsuch temporary total disability benefits

21 in accordance with this Paragraph only shall not operate to toll or interrupt

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sir

SB NO. 430

prescription as to any other benefit as provided in R.S. 23:1221.

2

APPROVED:

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ENROLLED

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fls0d

GOVERNOR OF

(t

LOUISIANA

“Do

ENROLLED


HOUSE ]3JLLNO. 737

BY REPRESENTATIVE BROADWATER La. State Law InstitutePRINTER’S COPY

EditsTo: p.5.2-3 Pgs. i7-Note: se& V4cT 793

1 ACT

2 To amend and reenact R.S.. 23:123)S&) and to enact R.S. 23:1231(B)(3) and 1251(3),

3 relative to workers’ co ensation; to provide death benefits to living descendants of

4 a deceased empl ee; and to provide for related matters.

S Be it enacted by U egislature of Louisiana:

6 Sec• n 1. R.S. 23:1231(B)(2) is hereby amended and reenacted and KS.

7 23:12’tt)(3) and 1251(3) are hereby enacted to read as follows:

8 §123 1. Death of employee; payment to dependents; surviving parents

9 * * *

10 B.

11 * * *

12 (2) If the employee leaves no legal dependents, whether biological or

13 adopted, entitled to benefits under any state or federal compensation system, one

14 lump sum payment of seventy-five thousand dollars shall be paid to the employee’s

15 surviving biological and adopted chiidren who are over the age of majority, to be

16 divided equally among them, which shall constitute the sole and exclusive

17 compensation in such cases.

18 rn Itowg1,if jf the employee leaves no legal dependents entitled to

19 benefits under any statc üi ftdcr1d ..u1ucnsation ayst..in Paragraph (2 of this(4cr r7933

20 Subsection, the sum of seventy-five thousand dollars shall be paid to each surviving

21 parent of the deceased employee, in a lump sum, which shall constitute the sole andCD

22 exclusive compensation in such cases.

23 * * *

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OZNIIN.

§ 1251. Persons conclusively presumed dependents

The following persons shall be conclusively presumed to be wholly and

actually dependent upon the deceased employee:

(31 A child under the ;ge of eiteen years 1iteen years of age. if

Vphysically or mentally incapacitated from earningi’ with a valid child support order

31from a court of competent jurisdiction against the deceased parent, regardless of

whether child support is actually being paid, or until the age of twenty-three if

enrolled and attending any accredited educationa] institution as a fill-time student.

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HBNO. 737 ENROLLED

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APPROVED:

LOUISIANA

I,


SENATE BILL NO. 520 La. State Law InstitutePRiNTER’S COPY

BYSENATORBROOME EJisTo: t3_Pgs.jl —

qAWte_n(Cr SEe AC_T 97

1 AN/CT7tn1e5ee&-r

2 To amend andreenactR.S. 23:1231(B)(2) 41d 1253 andto euactR.S. 23:1251(3), relative

3 to workers’ compensation benefit to provide for death benefit awards to dependent

4 children; to provide for pa ent to adopted or natural children of deceased

S employee; to restrict paym s to certain persons; and to provide for related matters.


7 Section]. R.S. 23:123 (B)(2) and 1253 are hereby amended and reenacted and R.S.

8 23:1251(3) is hereby enacte to read as follows:

9 § 1231. Death of employee; payment to dependents; surviving parents

10* * *

11 B.(1) * * *

12 () 54HewziLthe employee leaves no4eependents entitled to benefits

13 under ny tt.1A p fad&—esmpensatien--system,one lump sum of seventy-five

14 thousand dollars shall be paid to the surviving biological and adopted children

A

15 of the employee to be divided equally among them, which shall constitute the

16 sole and exclusive compensation in such cases. If the employee leaves no legal

17 dependents and no biological or adopted children entitled to benefits under any

18 state or federal compensation system, the sum of seventy-five thousand dollars

19 shall be paid to each surviving parent of the deceased employee, in a lump sum,

which shall constitute the sol: and exclusive :omensation in such eases.

22 §1251. Persons conclusively presumed dependents

23 The following persons shall be conclusively presumed to be wholly and

24 actually dependent upon the deceased employee: 1-25 * * *

26 (3) A child under the age of eighteenvor over eighteen years of age,

27 if physically or mentally incapacitáied from earning, with a valid child support S.

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SB NO. 520ENROLLED

order from a court of competent jurisdiction aaainst the deceased parent

regardless of whether ehi1d4irt is actually being paid, or until the age of

--id t+€J;i’q

twenty-three if enYoIled’1Fa full- itudat)jz{any accredited educational

1253. Membership in family or relationship

If there is no one wholly dependent and more than one person partially

dependent, so much ofthe death benefit as each is entitled to shall be divided among

them according to the relative extent of their dependency. No person shall be

considered a dependent, unless he is a member of the family of the deceased

employee, or bearing to him the relation ofhusband or widow, or lineal descendant

or ascendant, or brother or sister, or child. Regardless of dependency, no

payments shall be made to the concubine of the deceased employee nor the

cuncubin&s children, unless those children are related to the deceased employee

by blood or adoption.

PROVED:

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SPEAKER THE BUE OF REPRESENTATIVES

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ENROLLED


HOUSE BILL NO. 498

BY REPRESENTATIVE DIXON La. State Law InstitutePRINTER’S COPY

NO EDITSClassification_j2 5. v3

1 Al/ACT

2 To amend and reenact R.S. 23: 1293(A)(j4”and to enact R.S. 23:1291.2, relative to workers’

e3 compensation; to provide tha payors shall make certain information available; to

4 provide for confidentiality and to provide for related matters.

S Be it enacted by the Legislatur of Louisiana:

6 Section 1. ItS. 23:1 93(A)(1) ishereby amended and reenacted and Its. 23:1291.2

7 is hereby enacted to read follows:

8 61291.2. Access to nayors’ records: fraud identification/

9 A. Each payor, as defined by R.S. 23:1142, shall make his claims and

10 payment data, if such data are maintained, available to the office of workers’

11 compensation administration far the purpose of identifying violations of this

12 Chanter.

13 B. The director of the office ofworkers’ compensation administration may

14 designate the datato be reproduced, copied, or utilized at his discretion to verify that

15 employers and claimants are not engaging in fraudulent activities. Notwithstanding

16 any other provision of law to the contrary, any data produced or inspected pursuant

17 to this Section shall remain confidential and privileged and are not subject to

18 discovery or subpoena in any legal proceeding, except in the prosecution ofpersons

19 or corporations according to R.S. 23:1170. et seti. The Louisiana Workforce

20 Commission shall have the authority to promulgate rules and regulations necessary

21 to implement the provisions of this Section. V

22* * *

23 §1293. Confidentiality of records; exceptions; penalties for violation

24 A.(1) All medical records of an employee, all records of payment of

25 compensation to an employee or his dependent, all records with respect to the

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HB NO. 498ENROLLED

rehabilitation or attempted rehabilitation of an injured employee, all employer

reports of injury as required by R.S, 23:1306, all claims by an employee or his

dependent filed pursuant to KS. 23:1310, records submitted to the Louisiana

Workers’ Compensation Second Injury Board concerning claims for reimbursement

arising out of a claim by an employee or his dependent filed pursuant to Chapter 10

of this Title, including but not limited to any and all records submitted for requests

for reimbursement, documents maintained in the claim files regarding

reimbursement and settlement requests, and all records submitted pursuant to KS.

2] :137{3(A)(7) 23:l378(A(5, all safety plans pursuant to ItS. 23:1291(B)(4), and

all safety records of the OSFIA section obtained in connection with the Insurance

Cost Containment Act or the OSHA 7(c)(l) program. and all data uroduced nursuant

to KS. 23:1291.2, shall be confidential and privileged, shall not be public records,

and shall not be subject to subpoena, except that records of the office may be

produced in response to an order of a workers’ compensation judge based upon his

finding that the record is relevant and necessary to the resolution of a disputed claim

pending before the office. Such confidentiality and privilege shall be strictly

maintained by the director and all employees of the office except as provided above

or in Subsection B of this Section and shall be used exclusively for the purpose of

discharging the duties and responsibilities of the office under this Chapter.

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APPROVED:

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3’a ‘t- -.

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HOUSE BILL NO.931

BY REPRESENTATIVE STUART BISHOP La. State Law InstitutePRINTER’S COPY

NO EDITSClassification

1 ANCT

2 To amend and reenact R.SJj1306CB);Ø’ative to workers’ compensation job injury data;

3 to require the submission a reports to the office of workers’ compensation

4 administration; and to pro e for related matters.

5 Be it enacted by the Legislature f Louisiana:

6 Section 1. R.S. 23:1 6(B) is hereby amended and reenacted to read as follows:

7 § 1306. Employer reports

8* * *

9 B. Upuu iLcijA, thc mSths Lh. Ad i;ihatoi of pluyiw1k,..1&

10 tampuaiaatitiat Jaiu. aUill f.. aid tla fuim to tla. uthc .ud Shall ic.ludc LL

11 follvhm infvsmaLyu;

12 (1) The nanic, addrcs aud Lle?horn üUnibta of UL U4OUIL, wp sdf

13 u df-iird upluyL.

14 (2) Th irnu addass d tcLpbonc uLc of th ad..... vi

15 rc.pinastativc uf tins thsdfta, w°’u-’ aCLf-lnaUiCd fluid us adf-iuiusCd C.iiplO3ICt, if

16

17 (ha’) The insurer or the administrator of the employer’s workers’

18 compensation claims, upon receipt of the first report of injury, shall submit the data

19 in electronic data interchange orEDI format to the office ofworkers’ compensation

20 administration at a frequency to be determined by the director.

21 (b) For the purposes of this Subsection, electronic data interchange or EDI

22 format shall be based on the International Association ofindustrial Accident Boards

23 and Commissions (TAIABC) standards.

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HB NO.931 ENROLLED

1 (2)(a) Submissions after December 31. 2012. may be in the EDI format.

2 Submissions after December 31, 2013. shall be in the EDI format

3 (b Any new EDI format developed by the IAIABC shall be adopted for use

4 at the discretion of the director.

5

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SPEAKE OF THE H OF RE$.ESENTATWES

PRESIDENT C S

/117!GOV)frNOR OF1 tHE A,kTE OF LOUJSL4NA

APPROVED: 2t14- %gj1-z— !i 7

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are additions.

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La. State Law Institute 4 rtea 5ePRINTER’S COPY

7 NOEDITS SHTClassification R. ,5. \ C

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NO EDITSClassification ft ‘2-

r’( r- JOTC SH


NO EDITSClassification R . S. S

—cePy rP._ti7—NOTb SJ9

La. State Law institutePRINTER’S COPY

NO EDITSClassification g 5. 32.

—CcfN rr Ii67

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NO EDITSClassification ft. 5

— Cct( t. VH) 16-17

— too-re SM

La. State Law institutePRINTER’S COPY

NO EDITSClassification f . S. t 3

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— Ntr S\9

iACT__

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aRegular Session, 2012 ENROLLED

SENATE BILL NO 590La State Law Institute

BY SENATOR ALAMOEdits I

PI1NTEH’S OPY $iINote:

1Ev SIbZ kkcJ

1/ I

2 To amend and reenact R.S. 17:3045.3 and 30A5.8; R.S. 233O03; R.S. 2:933(9) through

— qts’#’ I em3 (15), and 941(A) and the introductfrY paragraph of (B)(1); R.S. 32:57(G)(2),

4 171(F)(1) and(2), 175(C)(4), the intrfductory paragraph of 412(H) and (H)(1), and

/5 783(0); R.S. 36:209(T); R.S, 37:3 0.6; R.S. 38:2216(E); itS, 39:100.94(B)(1),

0 / ‘S6 2162(B), and 2165.11(B); R.S. 47: 63.88(E);R.S. 51:955,4(F); and Sections 2,3,

e7 4(C), and 5 of Act No. 1212 of the 01 Regular Session of the Legislature; to enact

/ /

8 R.S. 3:3391,12(C); Wiarepeai R. .2:904; R.S. 3:283.2(H), Part II ofChapter4-A

cm,9 of Title 3 of the Louisiana Revis d Statutes of 1950, comprised of itS. 3:321

10 through 323, and 3391.13; R.S 17:10.3, 421.12, 2036, and 3042,11; R4

11 23:1310,12, and Part XIII of Cbapt 11 ofTitle 23 ofthe Louisiana Revised Statutes

12 of 19501 comprised of R.S. 23:l7’qI through 1776; R.S. 25:933(16), 940 and 942;

/13 R.S.27:270iB); R.S.29:731 .1; R430:2417(B) and (C); itS. 34l2(H)(2) and (3)

14 and 783(H); R.Si3’.3006, 4769 Efnd 4770; R.S. 37:3 119; Subpart H of Part II of

15 Chapter 1 of Subtitle I of Title of the Louisiana Revised Statutes of 1950,

16 comprisedofR.S. 39:100,11 and il)O,12,SubpartLofPartflofChapterl ofSubtitle

17 I ofTitle 39 ofthe Louisiana RevisLd Statutes of 1950, comprised ofR,S, 39:100.36,

18 Subpart P of Part II of Chapter 1 of Subtitle I of Title 39 of the’Louisiana Revised

19 Statutes of 1950, comprised of PJ.S. 39:100,71, 100.93, Subpart P-3 of Part U of

20 Chapter 1 of Subtitle I of Title J39 of the Louisiana Revised Statutes of 1950,

21 comprised ofR,S. 39:100.101, Subpart Q ofPart II ofChapter I of Subtitle I ofTitle

22 39 of the LouisianaRevised Statu as of 1950, comprised ofR,S. 39:100.121, Subpart

23 Q-2 ofPart II of Chapter 1 of Su title I ofTitle 39 ofthe Louisiana Revised Statutes

24 of 1950, comprised of R,S. 39j100.123 Subpart Q-3 of Part II of Chapter 1 of

25 Subtitle I of Title 39 of the Lou • Revised Statutes of 1950, comprised of R.S.

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SB NO. 590 ENROLLED

1 39:100.124, Subpart Q-4 of Parfiif Chapter 1 of Subtitle I of Title 39 of the

2 Louisiana Revised Statutes of 1 0, comprised of R.S. 39:100.125, R.S. 39:127.2,

3 2161, and 2165.10; Part LX o4Chapter 5 of Title 40 of the Louisiana Revised

4 Statutes of 1950, comprised ofjts. 4(1300.221 and 1300.263;R.S. 46:2609 and

a5 2802; R.S. 47:120,81,322.44, 32.15, 332.50,463.88(F) and (C); R.S. 48:3; R.S.

6 51:955.5, 1262.1, and 231 5(D ,relative to the elimination ofcertain special treasury

7 funds; to eliminate the Gene Aviation and Reliever Airport Maintenance Grant

8 Program Fund, Agricuku Products Processing Development Fund, Rural

9 Development Fund, Form7san Termite Initiative Fund, School and District

10 Accountability Rewards F d, Teacher Educational Aid for Children Fund, Job

11 Reserve Fund, Teachers ucation Incentive Program Tnist Fund, Louisiana

12 Opportunity Loan Fund, irector of Workers’ Compensation Revolving Fund,

13 Domestic Violence VictimL Account, Special Fund for the Vocational Rehabilitation

14 of Individuals with Disa4lities. Louisiana Historic Cemetery Trust Fund, Casino

15 Gaming Proceeds Fund, State Disaster or Emergency Relief Fund, Used Oil

16 Recycling Trust Fund, Cteater New Orleans Expressway Commission Additional

17 Cost Fund, Office of Mo r Vehicles Testing Fund, Louisiana Used Motor Vehicle

18 Commission Fund, A1ln Parish Local Government Gaming Mitigation Fund,

19 Louisiana Blighted Pr4perty Reclamation Revolving Loan Fund, Louisiana

20 Auctioneers LicensinBfrdFund, Addictive Disorders Professionals Licensing and

21 Certification Fund, Smal) Contract Bond Fund, Municipalities EnergyExpense Fund,

22 Louisiana Economic aqd Port Development Infrastructure Fund, Manufactured

23 Home Tax Fairness ?und, Grants for Grads Fund, FEMA Mobile Home

24 Reimbursement Fund,i Hurricane Recovery Health Insurance Premium Fund,

25 Wailcing the Walk of] Our Kids Fund, Technology Commercialization Fund,

26 Statewide Education Facilities Fund, Capitol Complex Master Plan Fund, Hurricane

27 Relief Programs Fraud Detection Fund, Oil Spill Relief Programs Fraud Detection

28 Fund, Community-based Primary Health Care Initiative Fund, Tobacco Control

29 Program Fund, Louisiana Children, Youth and Families Investment Fund, Child

30 Poverty Prevention F d, St Helena Parish Tourist Commission Fund, Claiborne

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SB NO. 590 1 ENROLLED

Parish Tourism and Economic Developmei/Fund, Kappa Kamp Fund, Railroad

Crossing Safety Fund, Broadband Jnfrastrudture and Information Technology Fund,

Louisiana Welcome Center Imrovemept Fund, Rural Economic Development

Account, and the Manufactured and Mol4e Homes Settlement Fund; to authorize the

transfer of balances between funds; to rovide for deposit of monies into the state

general fund; and to provide for relateimatters.

Be it enacted by the Legislature ofLouisian/

Section 1. R.S. 3:3391.12(C) is hevby enacted to read as follows:

§339112. Enforcement; civil penalties

* * *

C. All assessments, fees, penalties, and other funds received under the

provisions of this Partshall be deposited immediately upon receipt into the state

treasury.

read as

§3045.3. Appropriation; procedure

A. Th1 lcgiltun.hafl apptupiiatt all fuuda vut f IL... LA-OPL1fl

to tin. -caurndssiun fu1 tL. uou’s ...c in rnakL loans in-addition to any

appiuptiation tu Ih.. ...vuianaaiO,i fluin tL. stL .u’aal fuud fo1 tin. osc of

.lun5loans pthSu1tto this Clitcr.

B The commission may administer and manage all money, includingy

appropriation to the commission from the state general fund for the purpose of

maidnE loans pursuant to this Chapter. all interest made on loans pursuant to this

Chapter and all principal repaid on loans that has been appropriated in whatever

mannermaximizes the amount ofmoney available for LA-OP loans that is consistent

with federal reinsurance requirements and state budget practices.

* * *

3O45.8. Loan funds; availability

The receipt of a LA-OP loan by an eligible borrower is subject to the

availability of lending capital provided by appropriation and LA-OP Loan r...a

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3 §3003. Donations; department’s authority to receive

4 The Louisiana Workforce Commission may receive any donations, either

5 from public or private sources offered unconditionally, or under such conditions

6 related to the vocational rehabilitation of persons disabled in industry or otherwise

7 determined by the department to be proper and consistent with the provisions ofthis

8 Part. AU the monies received as donations shall be deposited in the state treasuiymtd

9 sh,J1 yustgtut ptistnuu.ut fiasid tu bt. ..alk,d th. cc.il fLd fr tin., yuwtiuual

10 1J1bfltati fi,,dividua1 w,t11 diathilitc. A fill report of all donations received

11 and accepted, together with the names of the donor and the respective amounts

12 contributed by each, and all disbursements therefrom shall be submitted annually to

13 the governor by the Louisiana Workforce Commission.

14

• 15.L..C.

16 §933. Definitions

17 The following words and phrases when used in this Chapter shall have the V

18 meanings given to them in this Section unless the context clearlyindicates otherwise:

19* * *

20 (9) ‘Tu&’ shall tl11.L,ush IIisL,1ic. CCmGL1JTrust

21 ff0) ‘Grave space” shall mean a grave, crypt, vault, niche, tomb, lawn crypt,

22 or any other property used or intended to be used for the interment of human

23 remains. The term shall also include any marker or other means of commemoration

24 associated with the grave space.

25 (1-1) Lj “Historic cemetery” shall mean any abandoned cemetery located in

26 the state that is more than fifty years old and is not subject to the laws, rules, and

27 regulations of the board or Chapter 10-A ofTitle 8 of the Louisiana Revised Statutes

28 of 1950.

29 (+2) fjjj “Human skeletal remains” shall mean any part of the body of a

30 deceased human being in any stage of decomposition.

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SB NO. 590 ENROLLED

Section 5. Notwithstanding any provision of this Act to the contrarYft?”)

2 the payments set forth in Sections 3 and 4 of this Act are made, any money that

3 remains in tL.. N1aiiafctu14€n.d M.,bilc I Iomc &ttitut.,tF.1dshall be deposited

4 in and credited to the state general fund.

Section 13. :9;R.S*3:283.2(H),

Part II opter A of Title 3 of the

‘7 LoulsianaRevised Statutes of1950, comprised o .5.3: through 323, and 3391.13 ItS.

8 17:10,3,421.12,2036,and3042J1; .8.23:1310) ,Part ofchapterll ofTitle23of

9 the Louisiana Revised Statutes of 1950, comprised of .5. 23:1771 through 1776; itS.

10 25:933(16), 940 and 942; R.S. 27:270(B); R.S. 29:733/i; R.S. 30:2417(B) and (C); R.S.

11 32:412(H)(2) and (3), and 783(H); R.S. 33:3006, 476/and 4770; R.S. 37:3119; Subpart H

12 of Part II of Chapter 1 of Subtitle I of Title 39 of74Louisiana Revised Statutes of 2950,

13 comprised of R.S. 39:100.11 and 100.12, Subpar)Lof Partilof Chapter 1 ofSubtitle [of

14 Title 39 of the Louisiana Revised Statutes of)p50. comprised of R.S. 39:100.36, Subpart

15 P ofPart II of Chapter 1 of Subtitle [of Titl?9 of the Louisiana Revised Statutes of 1950,

16 comprised of R.S. 39:100.71, 100.93, Sub’part P-3 of Part II of Chapter 1 of Subtitle 1 of

17 Title 39 of the Louisiana Revised Statuts of 1950, comprised of R.S. 39:100.101, Subpart

18 Q of Part II ofChapter 1 of Subtitle J/bf Title 39 of the Louisiana Revised Statutes of 1950,

19 comprised of R.S. 39:100.121, Subpart Q-2 of Part ilof Chapter 1 of Subtitle I of Title 39

20 of the Louisiana Revised Stah9es of 1950, comprised ofR.S. 39:100.123, Subpart Q-3 of

21 Part II of Chapter 1 of Sub,ti’tle I of Title 39 of the Louisiana Revised Statutes of 1950,

22 comprised of R.S. 39:109.124, Subpart Q-4 of Part LI of Chapter 1 of Subtitle I of Title 39

/23 of the Louisiana Revised Statutes of 1950, comprised of lt.S. 39:100.125, R.S. 39:127.2,

24 2161, and 2165.10; Part LX of ChapterS of Title 40 of the Louisiana Revised Statutes of

25 1950, comprised of ItS. 40:1300,221, and 1300.263; R.S. 46:2609 and 2802; R.S.

26 47:120.81,122.44, 332.15, 332.50, 463,88(F) and (0); ItS. 48:393; and ItS. 51 :955.5,

27 1262.1, hd 2315(0) are herebyrepealed in their entirety.

28 Section 14. The st2e treasurer is authorized and directed to transfer any balances

29 remaining in the fiindlrepeaied and abolished in Sections 1 through 13 of this Act to

/30 state gene7it(d. L4rs WilNo.

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SBNO. 590

Section 15. This Act shall become effective on

governor and subsequently approved by the legislature,

July 1, 2012, or on the day following such approval b’

ENROLLED

vetoed by the

whichever is later.

TOT

APPROVED:

GOVERNOR

It’

OF LOUISIANA

a

“Ce



BY SENATOR MURRAY PRINTER’S COPYNO EDITS

classification R S . ‘2.’?’

1 At/ACT

2 To amend and reenact R.S. 23:1761(9/and to enact R.S. 23:1472(12)(H)(XXU) and

3 1711(G), relative to unemplo/nent compensation; to provide for employers’

4 classification of workers; to rovide for independent contractors; to provide for

5 penalties; and to provide fo related matters.

6 Be it enacted by the Legislature o Louisiana:

7 Section 1. R.S. 23:1 61(9) is hereby amended and reenacted and R.S.

8 23:l472(12)(H)QCXLI) and 17/1(G) are hereby enacted to read as follows:

9 § 1472. Definitions

10* * *

11 (12) * * *

12 H. The term “employment” shall not include:

13* * *

14 XXII. The services performed by an individual who meets the definition

15 of an owner-operator as is defined in R.S. 23:1021(10).

16* * *

17 § 1711. False statements or representations; failure to file reports or maintain

IS records; duties of officers and agents; presumptive proof; penalties

19 * * *

20 G. Misclassification of employees as independent contractors

21 (1Wa Written warning. If the administrator determines, after

22 investigation, that an employer, or any officer, agent superintendent foreman.

23 or employee of the employer, failed to properly classify an individual as an

24 employee in accordance with this Chapter, and failed to pay contributions

25 required by this Chapter, but the failure was not knowing or willful, the

26 employer shall be issued a written warnizw as evidence that the employer has

27 been cited for a first offense of misclassification. Such warning shall constitute

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SB NO. 472 ENROLLED

I a determination that any workers identified therein are employees, and all

2 resulting contributions, interest and penalties shall be due, and shall be

3 appealable as provided in this Section. However, no administrative penalties

4 shaH be due.

5 (li) Administrative penalties. If the administrator determines, after

6 investigation, that an employer, or any officer, agent superintendent, foreman,

7 or employee of the employer, after June 30, 2013, and subsequent to the

8 issuance of a written warning, failed to properly classify an individual as an

9 employee and failed to pay contributions in accordance with this Chapter. then.

10 in addition to any contributions, interest and penalties otherwise due, the

11 administrator may assess an administrative penalty of not more than two

12 hundred fifty dollars per each such individual. Thereafter, any such failure by

13 an employer to properly classify an individual as an employee and pay

14 contributions due shall be subject to an administrative penalty of notmore than

iS five hundred dollars ncr each such individual. In determining the amount of

16 the administrative penalty imposed, the administrator shall consider factors

17 including previous violations by the employer, the seriousness of the violation,

18 the good faith of the employer, and the size of the employer’s business.

19 (c If. after an employer has been issued a written warning and is

20 subsequently found, on two or more separate occasions, to have failed to

21 properly classify an individual as an employee, the employer may also be

22 suhiect to an additional fine ofnot less than one hundred dollars nor more than

23 one thousand dollars. or imprisoned for not less than thirty days nor more than

24 ninety days. or both. For the purpose of this Subsection, each employee so

25 misclassified shall constitute a separate offense.

26 Cd’) No such determination shall be final or effective, and no resulting

27 administrative penalty shall be assessed, unless the administrator first provides

28 the employer with written notification by certified mail of the determination,

29 including the amount of the proposed contributions, interest, and penalties

30 determined to be due and of the opportunity to request a fair hearing, of which

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SB NO. 472 ENROLLED

a record shall be made within ten days of the mailing of such notice. The

hearinu request maybe made by mail, as evidenced by the official postmarked

date, or by otherwise timely delivering such appeal. If the employer does not

request a hearing within the ten-day period the determination shall become

fmal and effective, and the contributions, interest, and penalties due shaft be

assessed.

(2) If a timely hearing request Is made, the findings and conclusions of

the hearinp officer shall be appealable by ludicial review as a final assessment/

in accordance with the provisions of R.S. 23:1728.

(3Wa) Upon a fmal determination that an employer or any officer, agent

superintendent foreman, or employee of the employer knowingly or willfully

failed to properly classify an individual as an employee in accordance with this

Chapter and failed to pay required contributions, then, in addition to the

penalties provided herein, the employer shall be prohibited from contracting,

directly or indirectly, with any state agency or political subdivision of the state

for a period of three years from the date upon which the determination becomes

fmal.

(b The division of administration shall maintain and place the employer

on a list of such employers and make that list available to state agencies and

political subdivisions of the state.

(4) Notice requirements. Every employer shall post in a prominent and

accessible location at each of its business premises a poster provided by the

administrator that describes the responsibilities of independent contractors to

pay taxes as required by state and federal laws, the rights of employees to

workers’ compensation and unemployment benefits, protections against

retaliation, and the penalties if the employer fails to properly classify an

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individual as an employee. The notice shall also contain contaetinformation for

individuals to file complaints or obtain information regarding employment

classification.

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§1761. Definitions

As used in this Chapter, the following terms shall have the meanings

hereinafter ascribed to them:

(9) “Staffing service” means any person or entity, other than a professional

employer organization, that L.LLcIS Ala ‘.w.’ t.plvy £LLLJ t&.is sunglies

workers to a client to support or supplement the client’s workforce. It includes

temporary staffing services and leasing companies that supply employees to clients

in special work situations such as employee absences, temporary skill worker

shortages, seasonal workloads, and special assignments and projects, and other

similar work situations.

SB NO. 472 ENROLLED

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GOVERNOR

APPROVED: Iv

OF LOUISIANA

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___________

SENATE BILL NO, 604

BY SENATOR GARY SMITH

ANAC

To amend and reenact R.S. 23:1472(1 9)(a),r4ive to unemployment insurance benefits; to

eamend the definition ofunemplo cut in the context ofeligibility for unemployment

insurance benefits; and to pro de for related matters.

Be it enacted by the Legislature a ouisiana:

Section 1. R.S. 23:147 (1 9)(a) is hereby amended and reenacted to read as follows:

§ 1472. Definitions

As used in this Chapter, the following terms shall have the

meanings ascribed to them in this Section, unless the context clearly indicates

otherwise:

* * *

(19)(a) “Unemployment”--Any individual shall be deemed to be

“unemployed” in any week during which he performs no services and with respect

to which no wages are payable to him, or in any week of less than fiñl-thne work if

the wages payable to him with respect to such week are less than his weekly benefit

amount.

(ilFor the purpose ofthis Parapaph, any individual who bears a relationship

of spouse, mother or mother-in-law, father or father-in-law, son or step-son or

son-in-law, daughter or step-daughter or daughter-in-law, brother or brother-in-law,

sister or sister-in-law, to a principal or controlling stocicholder or a principal officer

of a corporation, partnership, or proprietorship, or is himself a principal or

controlling stockholder or a principal officer of a corporation, partnership, or

proprietorship, shall not be deemed to be “unemployed” as provided for in this

Paragraph, without first providing the administrator with whatever records or

evidence the administrator may prescribe by regulation to provide proof and

justification ofsuch unemployment. However, the administrator shall notdemand

proof of the complete dissolution of the entire enterprise in order for the

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ENROLLED


NO EDITSClassification ,Q . S.

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SB NO. 604 ENROLLED

employee to be deemed unemployed.

(ifl Any person meetinif the criteria set forth in Item (i) of this

Subparawraph who has for the first four of the last five quarters been listed as

an employee and for whom unemployment insurance coverage premiums have

been paid for that same period of time and, who, in addition, i no longer

eligible to receive any remuneration or dividends from the enterprise for whom

he previously worked, shall be considered to have met the criteria for

unemployment.

fjffi The administrator shall fbrther prescribe regulations applicable to

unemployed individuals making such distinctions in the procedures as to total

unemployment, part-total unemployment, partial unemployment of individuals

attached to their regular jobs, and other forms of short-time work, as the

administrator deems necessary.

* * *

PRESW{3

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APPROVED:

OF LOUISIANA

nba

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Regalar Session, 2012 ENROLLED

SENATE BILL NO. 676 (Substitute of Senate Bill No. 437 by Senator Crowe)

BY SENATOR CROWELa. State Law Institute


Classification (? 6. ‘2-

1 AACT

2 ToainendandreenactR.S.23:1513(A)(111553(A), 1576,1601(8), 1713(B) and (C), 1714,

03 and 1726, to enact R,S, 23:15 1.1(E), and to repeal R.S. 23:1713(0), relative to

4 unemployment compensatio ; to provide for the penalty and interest account to

5 provide for filing certain d uments; to provide for separation notices; to provide for

6 method of calculation re arding the experience-rating account of an employer; to

7 provide for disqualific •on of employee benefits subsequent to commission of a

8 fraudulent act; to pro de for the recoveiy ofoverpayment ofbenefits; to provide for

9 the payment of cert n benefits; and to provide for related matters.

10 Be it enacted by the Legis ature of Louisiana:

11 Section 1. R.S.2 :1513(A)(1), 1553(A), 1576, 1601(8),1713(B)and(C), 1714,and

12 1726 are hereby amend d and reenacted and R.S. 23:1531.1(E) is hereby enacted to read as

13 follows:

14 1S13. Penalty and interest account

15 AJ(1) There is hereby created in the employment security administration fund

16 an account which shall be known as the penalty and interest account. All interest,

17 fines, and penalties, regardless of when thc sac flçy became due and payable,

18 collected from employers and claimants under the provisions of this Chapter

19 subsequent to January 1, 1951, shall, notwithstanding provisions of R.S. 23:1491,

20 1543 and 1551, be paid into this account except as othenvise provided by this

21 Chapter. and shalt at no time be considered to be a part of the unemployment

22 compensation fund.

23* * *

24 § 1531,1. Electronic filing of contribution and wage reports; employer registrations

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SB NO. 676 ENROLLED

1 * * *

2 E. The executive director may require all employers to electronically file

3 all registrations and status reports due after January 31. 2014.

4 * * *

5 § 1553. Noncharging of benefits; recoupment; social charge account social charge

6 tax rate

7 A. Benefits charged after a requalification of a claimant pursuant to the

8 requirements of R.S. 23:1601(1), (2), (3), or (10) shall not be charged against the

9 experience-rating account of an employer whu tin1lj fllcd fuirna LOEG-77,

10 LOtS-I 10, LOU!)- JOG, vt LOtS- 152 wsd th apatiOn waa dcttuarncd tb

11 dtaijUa1siuip ..u,1Jitio,,s when all of the followina pertam:

12 (1) The employer timely files a separation notice allegina disqualification.

13 (21 Either a response to a notice of claim filed or a response to a notice

14 to base period employer is filed.

15 (31 The separation of the employee from the employer is determined to

16 be under disqualifying conditions. I

17 * * *

18 §1576, Notice of separation

19 Each ataL Lua1d, COuua1ozuts, &y.ntuut, °s’’,’j, oth.1 ..nsplOy

20 authuiaty ..,f W-statc,1s1cladu1but not htc.d t.2 c1.uolbtdrntd pOl1Ui JLISIGS,

21 employer shall file with the administrator a notice of sepaiation from servicej1

22 form prescribed by the administrator with respect to each employee who leaves

23 its employ for any cause which may be potentially disqualifying and shall therein

24 stafe provide the date of separation, a full explanation of mid the cause or causes

25 therefor, and all requested information about payments made to the separated

26 employee. The notice shall be mailed, deilvered, or transmitted to the

27 administrator and to the senarated employee within three days after the date on

28 which the separation from service occurred.

29 * * *

30 § 1601. Disqualification for benefits

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SB NO. 676 ENROLLED

An individual shall be disqualified for benefits:

2* * *

3 (8)(a) For the week, or fraction thereof, with respect to witich he makes a

4 false statement or representation knowing it to be false, or knowingly fails to

5 disclose a material fact in obtaining or increasing benefits, whether or not he is

6 successful in obtaining or increasing benefits, ortI1ccby otherwise due to his fraud

7 receives any amount as benefits under this Chapter to which he was not entitled, f

8 the remainder of the benefit year subsequent to the commission of the

9 fraudulent act and continuing for the fifty-two weeks which immediately follow

10 the week in winch such determination was made. MI benefits paid with respect to

11 such weeks shall be immediately due and on demand paid in accordance with

12 department regulations to the administrator for the find and such individual shall not

13 be entitled to Thrther benefits until repayment has been made or the claim for

14 repayment has prescribed. If information indicating a claimant has earned any

15 unreported wages for weeks.cjaimed is obtained by the administrator, prior to

16 the administrator rendering a determination on the issue the claimant shall be

17 notified by mail or other delivery method. The claimant shall have seven days

18 from the date ofmailing to respond, or ifnotice is not by mail, then the claimant

19 shall have seven days from the delivery date of such notice to respond.

20 (b) A claim for repayment under this Section shall prescribe against the state

21 years from the date the administrator determines that repayment is due. This

22 prescription shall be interrupted for the period of time during which an appeal is

23 pending, by the filing of suit for collection by the administrator or by an

24 acknowledgment or partial payment of the indebtedness. Any disqualification

25 decision or determination pursuant to this Paragraph may be appealed in the same

26 manner as from any other disqualification imposed under this Chapter.

27* * *

28 §1713. Waiver of recovery and recovery of benefits improperly received by

29 beneficiary

30* * *

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SB NO. 676 ENROLLED

1 B. The issue of waiver of the right of recovery of any overpayment of

2 benefits shall be heard upon any appeal of such determination or assessment of

3 overpayment. The appeal referee, board ofreview, any court ofjunsdiction, or thc

4 pdahiniptLptOs jnuSUwsl L, thc cvnditiynst4cL1 SjjSGCIiui, C, may waive the right of

S recovery of any overpaid benefits received by any person who has received such

6 benefits under this Chapter while any conditions for the receipt thereof were not

7 hulfihled in his case, or while lie was disqualified from receiving such benefits,

8 pnnidcd that tL when all of the following pertain

9 (1) The receipt of said benefits did not come within the fraud provisions of

10 R.S. 23:1601(8), th

11 (2 The overpayment was without fault of the claimant;. In determining

12 whether the claimant was at fault whether the claimant provided inaccurate

13 information, failed to disclose a material fact or knew or should have known

14 that he was not entitled to benefits shall be considered, and any such act by the

15 claimant shall preclude the eranting of a waiver. aM U,,.,

16 (3 The s...cuVtay wuuld dcf,.,t th purpua.. ufLn.EL Ot1CaWI0C

17 authii4 thcrecovery thereof would be against equity and good conscience, in

18 determining whether the recovery of the overpayment would be against equity

19 and good conscience, whether recovery would render the claimant unable to

20 cover ordinary living expenses for six months, and whether the claimant was

21 notified that a reversal on appeal would result in an overpayment of benefits

22 shall be considered.

23 C. ll’a claimant who ia ls&ast$ alt ugI.dpaynaut dtn.ia nul filc. &u appaI of

24 such asaasmnt, Ot if a cliai.t filc, an uutiinul) apyal to th.. lc

25 nitty sL1t to th acLmnitptos a i...qut fui WatVCi .zf uc..tpaymut in

26 ac..o1dth,c.. wtl, tin, ic.alatiuu wstabliphc,d by tl. a niinitrntus. Thcath1disLator

27 nitty W.uv’.. U.k. of of any sud, bm.1fits icc.i.cd by the

28 claimant ad1 thaiamc tatt,.aiaa abovc. stat,.d h Sbs.,ctio., LI. Th adiiduist..atut

29 shall lsau a ofdctcsrninahou ..1tl1 &nyi.1 rcqaust L wai V..’s

30 of th.. ov..apaymcut. If th.. clat diaagrt...s w1th th... lit. isa> fil. tin

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SB NO. 676 ENROLLED

1 apcal as1’kkd fo li itS. 23;1G29 ...t aCq

2 V(1) If th eipt of bcfits uig thi oipayiuist ; not w d,

3 Lclud..5flaud c.s ...ou..d Uu&t R.S. 23 J 601(D), Ha. amount d1...- Any amount

4 of benefits for which a person is determined to have been overpaid and the

5 overpayment is not waived shall, in the discretion of the administrator, be either

6 deducted from any benefits payable to the claimant under this Chapter or he shall

7 repay theadministrator for the unemployment compensation fund a sum equal to the

8 amount so receivedby him, and such sum shall be collectible in the manner provided

9 for the collection ofpast due collections.

10 (2) A claim for repayment of benefits which did not come within the fraud

11 provisions of LS. 23:1601(8) shall prescribe against the state three fjy years from

12 the date of the expiration of the benefit year of the claim on which the overpayment

13 occurred. This prescription shall be interrupted for the period of time during which

14 an appeal is pending, by the filing of suit for collection by the administrator, by an

15 acknowledgment or partial payment of the indebtedness, or as provided by R.S.1-

16 23:1741andl742.

17 (3) When an overpayment has been assessed in the amount of one hundred

18 dollars ormoré, upon default, the administrator orhis duly authorized representatives

19 may make in any manner feasible, and cause to be recorded in the mortgage records

20 of any parish in which such claimant owns immovable property, a statement under

21 oath showing the amount ofthe overpayment in default; which statement, when filed

22 forrecord, shall operate as alien, privilege, and mortgage on the irnmovableproperty

23 of the claimant from the date of such filing.

24 §1714. Penalties

25 A. A civil penalty shaH be assessed if benefits are determined to have

26 been overpaid as a result of a fraud disqualification made pursuant to R.S.

27 23:1601(8) in the amount of twenty dollars or (went-v-five percent whichever is

28 greater, of the total overpayment amount Except as otherwise provided in

29 Subsection C of this Section and any provisions of law in this state relatingii

30 the deposit administration, release. or disbursement of money in the possession

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VSB NO. 676 ENROLLED

1 or custody of this state to the contrary notwithstanding, fifteen percent of each

2 such overpayment amount recovered shall be deposited with the Secretary of

3 the Treasury of the United States of America to the credit of the account of this

4 state in the UnemploymentTrust Fund established and maintained pursuant to

5 42 U.S.C.A. 1101, et seq., as amended, and ten percent of each such

6 overpayment amount recovered shall be deposited in the penalty and interest

7 account established by R.S. 23:1513 and used to offset collection expenses. A

8 B. In all other instances, a penalty shall be assessed; if kgJ co1lc.to11

9 cifurL .u1sdt.d, the claimant does not voluntarily repay overpaid benefits

10 within thirty days after the claimant’s appeal rights have been exhausted and

11 the determination becomes final in the amount of twenty dollars or twenty-five

12 percent, whichever is greater, of the total overpayment debt unless the claimant has

13 entered into a voluntary repayment plan and has timely made all payments

14 required thereby. Penalties collected under this Section shall be deposited in the

15 penalty and interest account established by R.S. 23:1513 and used to offset

16 collection expenses.

17 C. No penalties may be withheld from amounts recovered by an offset

18 from unemployment comnensation benefits.

19* * *

20 § 1726. Legal effect of assessments; when collectible

21 A. All assessments under this pDrt ft shall be tantamount to and the /

22 equivalent of judgments of courts. The assessments are final when made subject

23 only to modification by an appeal as provided in R.S. 23:1728 or reassessment as

24 provided in R.S. 23:1725, Assessments are immediately collectible whenmade and

25 any employer may waive any delays and notices provided for in this ptxrt fat.

26 B. No employer against whom an assessment under this Part is in effect V

27 and whose right to appeal the assessment is exhausted may submit a bid or

28 proposal for or obtain any contract pursuant to Chapter 10 of Title 38 of the

29 Louisiana Revised Statutes of 1950 and Chapters 16 and 17 of Title 39 of the /

30 Louisiana Revised Statutes of 1950. This prohibition shall cease upon payment

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PrSB NO. 676 ENROLLED

in full of the amount due under the assessment.

APPROVED:

hereby repealed.

Page 7 of 7Coding: Words which are shpd... thsou4 are deletions from existing law;words in boldface type and underscored are additions.

1

2 Section 2, R.S. 2y3cDis

OF LOUISIANA

1108

aR. V


SENATE BILL NO. 252

BY SENATOR CRCWELa. State Law Institute

PRINTER’S COPY/ NO EDITS9/ Classification R ‘s.

AN/CT

2 To amend and reenact R.S. 23:1538(A),r4tive to the unemployment compensation thud;

3 to provide for penalties agains employers who fail to file complete and accurate

4 quarterly payroll reports in a mely manner, and to provide for related matters.

5 Be it enacted by the Legislawre o Louisiana:

6 Section 1. R.S. 23:153 (A) is hereby amended and reenacted to read as follows:

7 § 1538. Payroll reports; failure of employer to file; incorrect reports; determination

8 of rates

9 A.(1) If the administrator finds that any employer has failed to file any

10 payroll report or has filed a report which the administrator finds incorrect or

11 insufficient, the administrator shall make an estimate of the information required

12 from the employer on the basis of the best evidence reasonably available to him at

13 the time, and noti1’ the employer thereof by registered mail addressed to his last

14 known address. Unless the employer files the report or a corrected or sufficient

15 report, as the case maybe, LlL1no later than twenty days alter the mailing of the

16 notice, the administrator shall compute such employer’s rate of contribution on the

17 basis of such estimates, and the rate so determined shall he subject to increase or

18 decrease on the basis of subsequently ascertained information.

19 (2) If the administrator finds that any employer has failed to file any payroll

20 report in the manner prescribed or approved by the administrator for more than

21 twenty days after the date upon which the report was due, the administrator may

22 assess a penalty. In the case of a failure to file, failure to filly complete, or late filing

23 of any payroll report, the specific penalty shall be fi. pL.LLt fthc tptal wiiount

24 duc th1 that gtwrter, or twenty-five dollars for that quarter. whid1cy.. s

25 if the failure is for not more than thirty days, with an additional penalty of ñvt

Page 1 of2

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SB NO. 252 ENROLLED

pcscwt uf(h tuta) amount din.. f,,i that ijuarLt, twenty-five dollars, whL&vcz a

grcat..a, for each additional thirty-day period or fraction thereof during which the

Thilure continues, not to exceed f tbc.. amount d..c fur thpt

ijiJait, tn one hundred twenty-five dollars, whichv1...

(3) if thdmi.ist1ator, subscq..1tto th’. Qssesiu%Qut of ‘‘t pcualty,

&Laauin,a tI.ul Us1.. C.alCulatiOfl uftht .nuouut duc wIth a LldUft shall adjustc.d, a

..osicspoudiug adJuaL.uut 01Gwp1...lt JLICjJU1LSaI1t Lu this 3ubs.....t1on pistil b

mndc.

(4) The provisions of this Subsection shall apply to .gffl employers covered

by this Title, including but not Ilinited to those employers covered by R.S,

23:1552.

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GOVERNOR

APPROVED:

TB OF LOUISIANA

lmo

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IUT 3c ( ENROLLED


HOUSE BILL NO. i 88

BY REPRESENTATIVE BROADWATER La. State Law InstitutePRINTER’S COPY

NO EDITSClassification a s. iS

I .ANCT

2 To enact 601 (l)(b), relative to7qualification for unemployment compensation

3 benefits; to provide with resp t to temporary employees employed by a staffing

4 firm; to provide definitions; d to provide for related matters.

5 Belt enacted by the Legislature f Louisiana:

6 Section 1. ItS. 23:16/l(1)(b) is hereby enacted to read as follows:

7 §1601. Disqualification for benefits

S An individual shall be disqualified for benefits:

9 Cl)

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11 (b)(i) If he is working as a temporary employee employed and paid by a

12 staffing firm and fails, without good cause, to contact the staffing firm for

13 reassignment The employee wilibe deemedto have voluntarily lefihis employment

14 and will be disqualified for unemployment compensation benefits pursuant to this

15 Section if. upon conclusion ofhis latest assignment, he fails to contact the staffing .-

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16 firm for reassignment. A temporary employee shall not be deemed to have resigned

17 his position if he is not advised at the time of hire that he must report for

18 reassignment upon conclusion of each assignment and that unemployment

19 compensation benefits may be denied for failure to do so.

20 (ifi For the nurposes of this Section. the following terms shall have the v

21 meanings hereinafter ascribed to them:

22 (aa) “Staffing firm” means a business that hires and pays its own employees

23 and assigns them to clients to support or supølement the client’s workforce in work

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MB NO. 188 ENROLLED

situations such as employee absences, temporary skill shortages, seasonal workloads.

APPROVED:

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and special assignments and projects.

(bb) “Temporary employee” means an employee assigned to work for the

clients of a staffing firm.

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OF 7OUISIANA

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LflL# ii1 A (JOENROLLED


HOUSE BILL NO. 534

BY REPRESENTATiVE ALFRED WILLIAMS


NO EDITS /CIassifiCatiOQ___&-_--_——— r

1 ANfCT

2 To amend and reenact itS. 56:647(A) and and to enactjj: 1749.1 through 1749.8,

a3 relative to overdue unemploymen/compensation benefits overpayment obligations;

4 to provide for the suspension ofcertain licenses while overpayment obligations are

S due; to provide definitions; d to provide for related matters.

6 Be it enacted by the Legislature of ouisiana:

7 Section 1. R.S. 23:l74/( through 1749.8 are hereby enacted to read as follows:

8 U749.1. Definitions

9 For purposes of R.S. 23:1749.1 throuah 1749.8. the following terms shall

10 have the meaning ascribed to them in this Section:

11 (1) “License” means any recreational license to fish or hunt in Louisiana.

12 (2) “Licensee” means any individual holding a license.

13 (3) “Licensing authority” means the Louisiana Department ofWildlife and

14 Fisheries.

15 (4 “Obligor” means any individual legally obligated to repay an

16 overpayment of unemployment compensation benefits fraudulently obtained

17 pursuant to R.S. 23:1601(8). who has failed to matte required renavment for ninety

18 ormore days.

19 (5) “Overpayment” means a final determination issued pursuant to R.S.

20 23:1713(A)./

21 (6) “Suspension” means atemyorarv revocation ofa license for an indefinite

22 period of time or the denial of an application for issuance or renewal of a license.

23 U 749.2. Notice of overpayment delinquency; suspension of license

24 A. The commission may send by certified mail, return receipt requesteth a

25 notice of overpayment delinquency to an obligor informing the obligor of the

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commission’s intention to submit his name to the licensing authority for suspension

of his license. If an obligor holds multiple licenses, the commission may issue a

single notice of its intention to submit multiple suspensions.

respond.

(4) A statement of the amount of the past-due overpayment.

(5) A brief summary of all requirements the obligor shall meet to come into

compliance or to forestall the suspension.

S1749.3. Objection to suspension of license

A. Within twenty days after receipt of the notice of overpayment

delinquency, the obligormayfile awritten objection with the commissionrequesting

an administrative hearing to detennine whether he is in compliance with the cited

overoavment obligation.

B. If the obliaor does not timely file a written objection or enter into a

written aareement with the commission to make periodic payments on an

overpayment the commission shall certify that the obligor is noncompliant to the

licensing authority for license suspension.

61749.4. Administrative hearina

Upon receint ofa timely written objection. the commission shall conduct an

administrative hearing in accordance with the procedures provided in R.S. 23:1629.

The hearing maybe conducted by telephone or other electronic media. The sole

issue at the administrative hearing shall be whetherthe obligoris in compliance with

his obligation to repay an overpayment or whether the obligor has thiled to make

required repayment for more than ninety days. The obligor may anneal the decision

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B. A notice of overoavment delinouencv shall include all of the following:

(1) A summary of the obligo?s right to file a written objection to the

suspension ofhis license. includingthe time within whichthe objection shall be fled

and the address where the objection shall be filed.

(2 A brief description of an administrative hearing and location of the

hearing if the obligor timely files a written objection.

(3 The address and telenhone number to which the oblinor may

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1 issued by judicial review in accordance with the procedures provided in R.S.1’

2 23:1634.

3 U749.5. Certification of noncompliance

4 The commission may certify electronically to the licensing authority that a

5 licensee is not in compliance with an overpayment obligation in the event of any of

6 the following:

7 (1) The obligor has not timely filed an objection to the notice of

8 overpayment delinquency and more than twenty days have passed after service ofthe

9 notice of overpayment delinquency,

10 (2) The obligor has timely filed an objection to the notice of overpayment

11 delinquency and an adverse decision or order was issued after the administrative

12 hearing, rehearing, or judicial review and all legal delays have lapsed.

13 S1749.6. Suspension of license

14 A. Within thirty days after receipt of a certification ofnoncompliance from

15 the commission, the licensing authority shall suspend the license of all licensees

16 named therein.

17 B. The licensing authority shall specify a date of suspension, which date

18 shall be within thirty days from the licensing authority’s receipt of the certification

19 of noncompliance.

20 1749.7. Subsequent compliance with overpayment obligation: compliance releases

21 A. An obligor shall be considered to be in subsequent compliance with an

22 overpayment obligation when all of the following occur:

23 (1) The obligor is up to date with all overpayment obligations.

24 (2) All past-due overpayment obligations have been paid or if the obligor

25 agreed to a periodic payment schedule with the commission, the ob1ior has made

26 timelyperiodic payments in accordance with the terms of that agreement for at least

27 ninety days.

28 B. At the request of an obligor who is in subsequent compliance with

29 Subsection A of this Section. the commission shall electronically issue a compliance I30 release certificate indicating that the obligor is eligible to have his license reissued.

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ED NO. 534 ENROLLED

1 U749.8. Reissuance of license

2 The licensing authority shall issue. reissue, renew, or otherwise extend an

3 obligor’s license, in accordance with any anulicable reinstatement fees or applicable

4 rules, upon receipt of a certified copy of a compliance release from the commission.

R.S. 56:647(A) and (B) are hereby amended and reenacted to read as

7 §647. Suspension or denial of hunting and fishing license; failure to pay child

8 support or individual income tax, or unemployment compensation

9 overpayment

10 A.(1) Regardless of the requirements for the issuance or renewal ofa license

11 pursuant to the provisions of this Chapter, all hunting and fishing licenses issued

12 pursuant to this Chapter are also subject to the provisions of R.S. 9:315.30 et seq.,

13 suspension of license Ibr nonpayment of child support and R.S. 23:1749.1 et seq.,

14 suspension oflicense fornonpavment ofuneinplovment compensation overpayment.

15 (2) The Department of Wildlife and Fisheries shall adopt rules and

16 regulations in accordance with the provisions of the Administrative Procedure Act

17 to effectuate the orderly and expeditious suspension and reissuance of hunting and

18 fishing licenses in accordance with R.S. 9:315.30 et seq. and R.S. 23:1749.1 et seq.

19 B.(1) Regardless of the requirements forthe issuance orrenewal of a license

20 pursuant to the provisions of this Chapter, all recreational hunting and fishing

21 licenses issued pursuant to this Chapter are also subject to the provisions of R.S.

22 9:315.40 et seq., revocation of license for nonpayment of child support and itS.

23 23:1749.1 et seq., suspension of license for nonpayment of unemployment

24 compensation overpayment.

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fIB No. 534ENROLLED

(2) The Department of Wildlife and Fisheries shall adopt rules and

regulations in accordance with the provisions of the Administrative Procedure Act

to effectuate the orderly and expeditious suspension and reissuance of recreational

hunting and fishing licenses in accordance with itS. 9:315.40 et seq. and itS.

23:1749.1 etseci.

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PRESIDEI7p1!EsEN’A/J),

APPROVED:

ACTJ31

___


HOUSE BILL NO. 354

BY R.EPRESENTATIVR CRQMSRLa. State Law institute

PRINTER’S COPY

_________

NO EQITSClassification (K • S.

AN/CT

To enact R.S. 22:1751 and R.S. 23:1794, relative to registration and regulation of

CWI SW,Professional Employer Organi,jtions by the Department of Insurance and the

Louisiana Workforce Co ssion; to authorize such organizations to register

eleefronically and through rtain approved assurance organizations; and to provide

for related matters.

Be it enacted by the Legislatu of Louisiana:

Section 1. ItS. 22:)651 is hereby enacted to read as follows:

.51751. Electronic registration: registration through an approved assurance

organization

A. The commissioner is authorized, to the extent practical, to accept the

electronic filing of a PEO registration that is in conformance with the Louisiana

Uniform Electronic Transactions Act, R.S. 9:2601 et seq., including applications,

documents, reports, and other flings required by this Part.

B. The commissioneris further authorized, to the extentpractical. to provide

for the acceptance of electronic flings and other assurance documents by an

independent and qualified assurance organization approvedby the commissioner that

provides satisfactory assurance of compliance with the applicable provisions of this

Part. The commissioner may permit a PEO to authorize such an approved assurance

organization to act on the PEQ’s behalf in complying with the registration

reauirements of this Part, including the electronic filing of applications, documents,

reports, registration fees, and other information. Use of such an approved assurance

organization shall be optional and not mandatory for any PEG.

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ENROLLED


NO EDITSClassification R . S. 72—

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HE NO. 354 ENROLLED

C. Nothing in this Section shall limit or change the authority of the

commissioner to register or terminate the registration of a PEO or to investigate or

enforce any provision of this Part.

$eotion-2—R.S. 23--1.7° ithraby saaetcd to road as fb1lows—”

U 769. Electronic registration: registration through an approved assurance

organization

A. The administrator is authorized, to the extent practical, to accept the

electronic filing of a PEO reaisfration that is in conformance with the Louisiana

Uniform Electronic Transactions Act, R.S. 9:2601 et seq.. including applications.

documents, reports, and other filings required by this Part.

B. The administrator is further authorized, to the extent practical, to provide

for the acceptance of electronic filings and other assurance documents by an

independent and qualified assurance organization approvedhythe commissionerthat

provides satisfactory assurance of compliance with the applicable provisions of this

APPROVED:

SPEAKER OF THE H9USE OF*RESENTATIVES

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Part. The administrator may permit a FED to authorize such an approved assurance V

organization to act on the PED’s behalf in complying with the registration

requirements of this Part, including the electronic filing ofapplications, documents, v’

reports, registration fees, and other information. Use of such an approved assurance

ofganzaton shall be optional and not mandatory for any PEO.

C. Nothina in this Section shall limit or chanae the authority of the

administrator to register or terminate the registration of a PEO or to investigate or

enforce any provision of this Part.

F RES DENT OpENAT//

LOUISIANA

AN T

To amend and reenacta.sj1jj,2o4520)), and 2063(A)O), relative to the Louisiana

Workforce Investment Coun ; to provide with respect to the chairman and vice

chairman; to provide for a frequency of meetings; to provide for a strategic plan;

and to provide for rel ed matters.

Be it enacted by the Legis ture of Louisiana:

Section 1. 11. - 23:2045, 2049(B), and 2063(A)(1) are hereby amended and

reenacted to read as/follows:

§2045. Chairman and vice chairman

The governor shall appoint the initial diian and iLJIiUi ‘,iCC chairman of’

the council from members representing business and industry appointed by th

pursuant to KS. 23 :2043(A)(1 1). Th........db4,fli-tw..mb..ts The council

shall elect the ihaiiman and tv’ciy udd-numbeLJ yar vice chairman.

Thc chm1,11€ shall & Jcdcd .ong thc mcmbna tqircscuW. buamesa and

indastiyaoi11Ldby th1 UVtLnUI The chairman and vice chairman shall serve one

year terms, beginning July one and ending June thirtieth of the following calendar

year.

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§2049, Council meetings

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B. The council shall meet no less ofk thau ecy two months and than four

times each calendar year. The council shall adopt a regular schedule of meetings;

however, additional meetings may be scheduled as needed.

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ACT_zRegular Session, 2012

HOUSE BLLL NO. 539

BY REPRESENTATIVE SMiTH

ENROLLED


NO EDITSClassification R S.

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§2063. Strategic plan

A.(l) The council shall develop, prepare, adopt, and submit forthwith to the

governor a comprehensive state strategic plan that establishes strategic goals,

objectives, and measures that provide direction for the provision of services and

coordination ofresourcesbythe state’s workforce developmentde]iverysystem. The

plan shall establish benchmarks for each measure and shall provide recommended

strategies for implementation by state agencies and private entities. The strategic

plan shall be updated on a biennial basis.

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APPROVED:

OF LOUISIANA

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