PRINTED- Sec. Reg. Outline - GW Prof. Gabaldon 2012 - Text Soderquist & Gabaldon
Last printed 7/17)2012 3:02:00 PM 2012 Regular Session ... 23 2012.pdf · Last printed 7/17)2012...
Transcript of 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.
235
235
652
652
783
1
1
1
1
1
Amend 837 1
Amend 837 1
(3) Amend 667 1
(Heading) Amend
(A) (2) Amend
(A)
(B) Amend
Enact
Enact
LSA-R.S. Effect Act No. Sec. Sp.E.Dt
/23:0043 Amend 811 6 --- 07/01/12
723:0151
f 23:0183
723:0642 667 1
/23:0642 667 1
/23 :0642
/23:0642 667 1
.j63:0905 822 1
/23:0968 148 1
123:1020.1 Enact 860 1
/ 23:1123 Amend 235 1
/23:1127 (C) (3) Amend 76 1
723 :1142 (A)
‘./ 23:1142(B)
‘/23:1201(E) --- 07/01/13
,/‘23:120l(F)(Intro.Par.) -Amend 860 1
,/‘ 23:1201 (H) Amend 860 1
,/23:1201.4 Amend 610
/23:1203 CE) Amend 235
/23:1203.1(F) -Amend 811 6--- 07/01/12
(Intro. Par.
.f 23:1203.1(0) Enact 573 1
123:1203.2(D) Enact 1--- 07/01/13
23:1209 (A) (3) Amend 1
23:1209 (A) (4) Enact 783 1
Amend
(1) Amend
Amend
Page 1 of 3
23 :1294
J’ 23:1306
/23:
•/ 23:
V 23:
/ 23:
123:
(B) (3)
(3)
(3)
(A) (1)
(A) (1)
(C) Enact-
(B)
.12 Repeal
(Heading) Amend
(D) Enact
(E) Enact---
.1(A)
(12) (H)
(19) (a)
(A) (1)
.1(E) -
13
1
1
1
1
1
1
Last printed 7/16)2012 3:04:00 PM
‘7 23:1210 (A) Amend 860 1
J 23:1221 (3) (a) Amend 860 1
.,J 23:1221 (4) (s) (i) Amend 860 1
/23:1224 Amend 860 1
q[/’23:1231(B) (2) Amend 99 1
I R23:1231B çí) Amend 793 14) L3
L23:1231 Enact 99 1
r723:1251Enact 99 1
1L123 :1251 Enact 793 1
.7 23:1253 Amend 793 1
23:1291.2 Enact 88 1
V 23:1293 Amend 88 1
../23:1294 Amend 811
573
Amend 141
1307 Amend 235 1
6 --- 07/01/12
1
1
07/01/121310
1314
1314
1314
834
860
860
860
(XXII) -
--Amend 235 1
--Enact 786 1
Amend 675
/23
/23
/23
/23
J23
J23
J23
V23
J23
/23
Amend
:1317
:1472
:1472
:1513
:1531
:1538
:1553
:1576
:1601
:1601
Enact
344
344
(A) Amend 151 1
(A) Amend 344 1
Amend 344 1
(1) (N Enact 381 1
(8) Amend 344 1
Page 2 of 3
7 Lasi printed 7/16/2012 30400 PM
/ 23:1711(0)-Enact-786 -1
23:1713 (B) Amend 344 1
/23:1713(C) Amend 344 1
123:1713(D) Repeal 344 2
.,/ 23:1714 Amend 344 1
V 23:1726 Amend 344 1
/23:1749.1 thn 1749.8 --Enact 263 1
/ 23:1761(9) Amend 786 1
43:1769 Enact 387 2
J 23:1771 thru 1776 Repeal 834 13 —-- 07/01/12
(Pt.xiiI, Chpt. 11)
23:2045 Amend 21 1
/ 23:2049 (B) Amend 21 1
/23:2063(A) (1) Amend 21 1
/ 23:3003 Amend 834 3 --— 07/01/12
Approved byVon & /3
)chø_
Page 3 of 3
9c-t ilafccs. ses.
La. State Law InstitutePRiNTER’S COPY
NO EDITSclassification 1 .5.
Note: • A—
-
La. State Law InstitutePRINTER’S co La. State Law Institute
NO EDITS PRINTER’S COPYClassification I? S 9 NO EDITS
Classification j?. 5.-“S i j i,t63Il
— LAf”fr(3.
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification ( 6. 3
rrLa. State Law Institute
PRINTER’S COPYNO EPITS
Classification 1< S, ‘-10
— (-or JZ)56O)
- No-re SI% efC.°’-’
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification i9. .5. 3
op. I-SI )
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification ‘5 32
— Cv?’, r?-)’6’La. State Law Institute
PRINTER’S COPYNO EDITS
Classification rk ‘S.
-Cor’j r’9
PP. )-2.9Z3
La. State Law InstitutePRINTER’S COPY
EdltsTo: R .s. i’7 Pgs.9’i I
2.
-2.a
‘3
3)
)
*7
I
___
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
Page 1 of 63
CODING: Words in aLack thugL type are deletions from existing law; words underscoredare additions.
ENROLLED
La. State Law InstitutePRINTER’S COPY
Edits To: ALL Pgs.Note: se zp 5t-Les-r) aM-cL 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
HB NO. 954 ENROLLED5/ /
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 * * *
Page2of63
CODING: Words in stru1..k t6rnL type are deletions from existing law; words underscoredare additions.
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.
* * *
§ 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
* * *
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
Page II of63
CODING: Words in struck th vagh type are deletions from existing law; words underscored
are additions.
-ç
* * *
1
2
3
4
5
6
7
8
9
10
:ii
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
}Th
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> )<
3i5> $cr 312
AcT kPage 62 of 63
CODING: Words in sL a.k tLroah type are deletions from existing law; words underscoredare additions.
-‘.4-I
In
a,
0zLi
G9VERNOR OF THE STIITE OFJJ9tfiIANA
CODING: Words in a1..kth1gl. type are deletions from existing law; words underscored
I
F NO. 954 EOLLED
(B) Section 18 of this Act shall become effeptfe on September 1, 2012.
/ jASPEAKER OF H3 HOUSE OF REPRRSENTAftES
7NTOF7 /1APPROVED:
/I
Page 63 of 63
are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 612La. State Law Institute
BYSENATORJOHNS / PRINTER’S COPY(Jt NO EDITS/ ClassiflcationR. S.. ‘7_’5
1 AN/CT
2 To amend and reenact R,S. 23:151 and /83, relative to the employment of minors; to
I3 provide for certain exceptions;5y$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
Page lof2Coding: Words which are ahack through are deletions from existing law;words in boldface type and underscored are additions.hUB
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.
I
2
3
4
5
6
7
8
APPROVED: It-
OF LOUISIANA
Page 2 of 2Coding: Words which are stuic.k tL...ugh are deletions from existing law;words in boldface type and underscored are additions.Ima
r
Regular Session, 2012 ENROLLED
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
Page 1 of2Coding: Words which are struck tbroul1 are deletions from existing law;
VOl words in boldface type and underscored are additions.
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.
I
2
3
4
5
6
7
8
9
/
APPROVED:
_________
GOVERNOR OF LOUISIANA
Page 2 of 2Coding: Words which are sLa.k tLwuL are deletions from existing law;
words in boldface type and underscored are additions.“OR
Regular Session, 2012
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
Page 1 of2
CODING: Words in sLd..i tluuagl1type are deletions from existing law; wordsunderscored
are additions.
ENROLLED
La. State Law InstitutePRINTER’S Copy
NO EDITSC1assincatjon,_,_
I..
1
7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
FIB NO. 1121 ENROLLED
authorization for those records. Nothing herein shall authorize any vendor to breach
Page 2 of 2
CODING: Words in sL...k Uougl type are deletions from existing law; words underscoredare additions.
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
I
7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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
La. State Law InstitutePRINTER’S COPY
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.
Page 1 of2
Coding: Words which are struck are deletions from existing law;
words in boldface tvte and underscored are additions,
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:
Page2of2
Coding: Words which are struk U.ugh are deletions from existing law;
words in boldface type and underscored are additions.
I
2
3
V
STATE OF LOUISIANA
IjOB
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:
Page 1 of7Coding: Words winch are struc.k tluuugli are deletions from existing law;words in boldface type and underscored are additions.
I z
1
2
3
4
5
6
7
8
9
10
1]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SB NO. 763 ENROLLED
(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
/
V
fr-v
actions shall be the exclusive purview of the legislature.
* * *
fl201. Time and place of payment; failure to pay timely, failure to authorIze;
penalties and attorney fees
* * *
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
Page 2 of 7Coding: Words which are struck through are deletions from existing law;words in boldface type and underscored are additions.
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
Page3 of 7Coding Words which are 0tck thsuuJi are deletions from existing law;words in boldface type and underscored are additions.
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
Page 4 of 7Coding: Words which are stru.k tlnuugh arc deletions from existing law;words in boldface type and underscored are additions.
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
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Iwo
.....
SB NO. 763 ENROLLED
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
Page S of 7Coding: Words which are tuck thsuuth are deletions from existing law;words in boldface type and underscored are additions.
V
I
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
008
SB NO. 763 ENROLLED
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
Page 6 of 7Coding: Words which are shk t6o are deletions from existing law;
words in boldface type and underscored are additions.
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.
*
I
2
3
4
5
6
7
S
9
10
11
12
‘3
14
15
16
17
18
19
* *
* * *
* * *
20
21
22
V
/
APPROVED: 1,
‘ma
OF. LOUISIANA
Page 7 of 7Coding: Words which are Lk tluuugh are deletions from existing law;words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLEII
SENATE BILL NO. 367La. State Law Institute
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.
Page 1 of4Coding: Words which are La.kflm..L are deletions from existing law;words in boldface type and underscored are additions,
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
Coding: Words which are st1uck hni.aah are deletions from existing law;words in boldface type and underscored are additions.
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
Page3 of4Coding: Words which are &c,uh are deletions from existing law;
l/ua words in boldface Wue and underscored are additions.
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,
I
2
3
4
GOVERNOR OF LOUIS [ANA
APPROVED;
Page 4 of 4Coding: Words which are struck th.uugl1 are deletions from existing law;
words in boldface type and underscored are additions,
rìrJ’__07 t? ENROLLED
Regular Session, 2012
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
8* * *
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
Page 1 o12
CODING: Words in aLw..k type are deletions from existing law; words underscoredare additions.
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.
* * *
A
Page 2 of 2
CODING: Words in sirudL type are deletions from existing law; words underscored
are additions.
1
2
3
4
5
APPROVED:
ooyEth
ca4i,1itt
OF LOUISIANA
La_c
__
Regular Session, 2012
___________
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
* * *
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
Page 1 of2
Coding: Words which are struck tLoL are deletions from existing law;
words in boldface type and underscored are additions.
ENROLLED
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification j, S . 2.3
I.,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
/
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.
* * *
§ 1203.2. Electronic medical billing and payment
* * *
‘ma
SB NO. 386ENROLLED
centralized data warehouse for the collection of medical billing and payment
2. This Act shl becomeenJuly , 2013.
Page 2 of 2
Coding: Words which are st11.J t1,1.,ugh are deletions from existing Jaw;
words in boldface type and underscored are additions.
2
3
/Z
APPROVED: Iv
OF LOUISIANA
‘ma
ENROLLED
Regular Session, 2012
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.
6 Be it enacted by the Legislature Louisiana:
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. /
Page 1 of2
CODING: Words in .Lk tlszvaLtype are deletions from existing law; words underscoredare additions.
HB NO. 1083 ENROLLED
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:
_____
1
Page 2 of 2
CODING: Words in struk tLuL type are deletions from existing law; words underscored
are additions.
-——---a-
1
2
3
4
5
6
7
8
9
10
11
__________________________________________________________________________
12
______________________________________________________________
13
__________________________________________________________________
14
________________________________
15
____________________________________________________________
16
______________________________________________________________
17
___________________________________________________________
18
_______________________________________________________________________
19
___________________________________________________________
20
_________________________________
21
22
23
ENROLLED
Regular Session, 2012
HOUSE BILL NO. 126
BY REPRESENTATIVES DIXON AND BROADWATERLa. State Law Institute
PRINTER’S COPYNO EDITS
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
* * *
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
* * *
Page 1 of2
CODING: Words in ,t1ck Lhua$ type are deletions from existing law; words underscoredare additions.
-a
HE NO. 126 ENROLLED
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
Page 2 of 2
CODING: Words in aLk through type are deletions from existing law; words underscoredare additions.
1
2
3
4
5
6
7
8
9
10
‘V
proceeding, and a subpoena duces tecum seeking documents, inspections, things or
information in electronid or arty other form.
APPROVED:
-n
ACTnia
__
Regular Session, 2012 ENROLLED
SENATE BILL NO. 430
BY SENATOR MURRAY
La. State Law InstitutePRINTER’S COPY
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
Page 1 of2Coding: Words which are aback Lua5hare deletions from existing law;words in boldface type and underscored are additions.
sir
SB NO. 430
prescription as to any other benefit as provided in R.S. 23:1221.
2
APPROVED:
* * *
Page 2 of 2Coding: Words which are ati..k are deletions from existing law;words in boldface type and underscored are additions.
I
ENROLLED
/
fls0d
GOVERNOR OF
(t
LOUISIANA
“Do
ENROLLED
Regular Session, 2012
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 * * *
Page 1 of2
CODING: Words in struck.thr type are deletions from existing law; words underscoredare additions,
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.
Page 2 of 2
CODING: Words in shuck t1noatype are deletions from existing law; words underscoredare additions.
HBNO. 737 ENROLLED
I
7
3
4
5
6
7
8
9
10
&‘ci
1)
* * *
APPROVED:
LOUISIANA
I,
Regular Session, 2012 ENROLLED
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.
6 Be it enacted by the Legislature Louisiana:
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.
Pagelof2 J ‘
Coding: Words which are at1 .k Uauusb are deletions from existing law;
words in boldface type and underscored are additions.
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:
Page 2 of 2Coding: Words which are st.J.. tloL are deletions from existing law;
words in boldface type and underscored are additions.
I
‘2
3
4
5
6
7
8
9
10
11
12
13
14
15
SPEAKER THE BUE OF REPRESENTATIVES
/1V
lAm
/dnr crg
____
/1t
__________
ENROLLED
Regular Session, 2012
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
Page 1 of2
CODING: Words in struJ thLu1L type are deletions from existing law; words underscored
are additions.
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.
* * *
Page2 of2
CODING: Words in struck tLr,gl type are deletions ftm existing law; words underscored
are additions.
A—
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
I
/
V
/
APPROVED:
_
-
1 LItI
_________
3’a ‘t- -.
.-.ENROLLED
Regular Session, 2012
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.
Page 1 of2
CODING: Words in stru..k tLnugh type are deletions from existing law; words underscoredare additions.
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
_
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
Page 2 of 2
CODING: Words in sU ad. tLoi..gji type are deletions from ex.istinglaw; words underscored
are additions.
—S
A
_____
La. State Law Institute 4 rtea 5ePRINTER’S COPY
7 NOEDITS SHTClassification R. ,5. \ C
-
— Ct1’/ i-,
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification ft ‘2-
r’( r- JOTC SH
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification R . S. S
—cePy rP._ti7—NOTb SJ9
La. State Law institutePRINTER’S COPY
NO EDITSClassification g 5. 32.
—CcfN rr Ii67
-S L11
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification ft. 5
— Cct( t. VH) 16-17
— too-re SM
La. State Law institutePRINTER’S COPY
NO EDITSClassification f . S. t 3
— cti’-I pp. t-tj lb—V1
— Ntr S\9
iACT__
___
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.
Page 1 ofl7Coding: Words which are at* ccL. tliLuUgh are deletions from existing law;
11D8 words in boldface type and underscored are additions.
.--.--..--____________
-
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
Page 2 of 17Coding: Words which are struck tbrouEh are deletions from existing law;words in boldface tvne and underscored are additions.
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
Page 3 of 17Coding: Words which are truk thiouth are deletions from existing law;words in boldface type and underscored are additions.
-.__
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
V
rrz
_____
SB NO. 590ENROLLED
bthn
oows:
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.
Page 4 of 17Coding: Words which are sfru,.,k ilouL are deletions from existing law;
words in boldface type and underscored are additions.
r
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.
Page 16 ofI7Coding: Words which are atnii..k tliuu] are deletions from existing law;
words in boldface type anti underscored are additions.
li
Page 17 of 17
Coding: Words which are sL1.A. LhuL are deletions from existing law;
words in boldface type and underscored are additions.
1
2
3
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
Regular Session, 2012 ENROLLED
SENATE BILL NO. 472La. State Law Institute
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
Page Iof4Coding: Words which are aLudC tl11ough are deletions from existing law;words in boldface type and underscored are additions.‘mu
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
Page 2 of 4Coding: Words which are struck Uu.ash are deletions from existing law;words in boldface type and underscored are additions.
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
I
9
3
4
S
6
.7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
‘IDa
individual as an employee. The notice shall also contain contaetinformation for
individuals to file complaints or obtain information regarding employment
classification.
* * *
Page3 of4Coding: Words which arc shuck tlnuugli are deletions from existing law;words in boldface type and underscored are additions.
§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
* *
I
2
3
4
S
6
7
8
9
10
11
12
*
* * *
GOVERNOR
APPROVED: Iv
OF LOUISIANA
Page 4 of 4Coding: Words which are sht.k Uwouh are deletions from existing law;words in boldface tyne and underscored are additions.‘too
M’fl7
__
Regular Session, 2012
___________
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
Page 1 of2Coding: Words which are atl adc thaa%L are deletions from existing law;words in boldface type and underscored are additions.
ENROLLED
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification ,Q . S.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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
Page 2 of 2Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored arc additions.
/1
2
3
4
5
6
7
8
9
10
11
12
13
14
t
APPROVED:
OF LOUISIANA
nba
r
Regalar Session, 2012 ENROLLED
SENATE BILL NO. 676 (Substitute of Senate Bill No. 437 by Senator Crowe)
BY SENATOR CROWELa. State Law Institute
PRINTER’S COPYNO EDITS
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
Page 1 of7Coding: Words which are struck thiuup are deletions from existing law;
1108 words in boldface type and underscored are additions.
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
Page2 of7Coding: Words which are strud. Uuh are deletions from existing law;
1mB words in boldface tvne and underscored are additions.
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* * *
Page3 of7Coding: Words which are 5hu.Ek U4L are deletions from existing law;
lion words in boldface type and underscored are additions.
r
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
Page 4 of 7Coding: Words which are strut.k Unuagh are deletions from existing law;
words in boldface type and underscored are additions.
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
PageS of 7Coding: Words which are tiuJ.. U0hare deletjons from existing law;
11GB words in boldface type and underscored are additions.
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
Page 6 of 7Coding: Words which are struk t6oath are deletions from existing law;words in boldface type and underscored are additions.
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
Regular Session, 2012 ENROLLED
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
Coding: Words which are L..,..L are deletions from existing law;
words in boldface type and underscored are.additions.I’D6
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.
*
VI
Page 2 of 2Coding: Words which are shk tluuh are deletions from existing law;
words in boldface type and underscored are additions.
1
2
3
4
5
6
7
8
9
10
11
12
GOVERNOR
APPROVED:
TB OF LOUISIANA
lmo
__-.
IUT 3c ( ENROLLED
Regular Session, 2012
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)
10* * *
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 .-
/
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
Page 1 of2
CODING: Words in sL...k tluouh type are deletions from existinglaw; words underscored
are additions.
MB NO. 188 ENROLLED
situations such as employee absences, temporary skill shortages, seasonal workloads.
APPROVED:
Page 2 of2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1
2
3
4
5
and special assignments and projects.
(bb) “Temporary employee” means an employee assigned to work for the
clients of a staffing firm.
* * *
OF 7OUISIANA
Mfl
__
LflL# ii1 A (JOENROLLED
Regular Session, 2012
HOUSE BILL NO. 534
BY REPRESENTATiVE ALFRED WILLIAMS
La. State Law InstitutePRINTER’S COPY
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
Page 1 of5
CODING: Words inshaJ tLsuu type are deletions from existing law; words underscoredare additions.
MB NO. 534 ENROLLED
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
Page 2 of 5
CODING: Words in sLk type are deletions from ex.istinglaw; words underscoredare additions.
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
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
HB NO. 534 ENROLLED
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.
Page3 ofs
CODING: Words in shack &auL type are deletions from existing law; words underscored
are additions.
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.
Page 4 of S
CODING: Words in &truc3. tkoL type are deletions from existing law; words underscoredare additions.
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.
* * *
Page 5 of 5
CODING: Words in stn.k thLuh type are deletions from existing law; words underscored
are additions.
1
2
3
4
5
6
PRESIDEI7p1!EsEN’A/J),
APPROVED:
ACTJ31
___
Regular Session, 2012
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.
Page 1 of2
CODING: Words in alt acb. th1ul. type are deletions from existinglaw; words underscoredare additions,
ENROLLED
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification R . S. 72—
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
6
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
Page 2 of 2
CODING: Words in strudc thiuugh type are deletions from existing law; words underscored
are additions.
—
A—
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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.
* * *
§2049, Council meetings
* * *
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.
* * *
Page 1 of2
CODING: Words in struck tluugl. type are deletions from existing law; words underscored
are additions.
ACT_zRegular Session, 2012
HOUSE BLLL NO. 539
BY REPRESENTATIVE SMiTH
ENROLLED
La. State Law InstitutePRINTER’S COPY
NO EDITSClassification R S.
1
7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
/
HB NO. 539 ENROLLED
§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.
* * *
Page 2 of 2
CODING: Words in shack thua&. type are deletions from existing law; words underscoredare additions.
3
4
5
6
7
8
9
APPROVED:
OF LOUISIANA