HLS 10RS-1474 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 818
BY REPRESENTATIVE PONTI
WORKERS COMPENSATI ON: Provides relative to workers' compensation
AN ACT1
To amend and reenact R.S. 23:1035(A), relative to workers' compensation; to provide that2
a sole proprietor may by written agreement with his insurer elect not to be covered3
by workers' compensation; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1035(A) is hereby amended and reenacted to read as follows:6
ยง1035. Employees covered7
A. The provisions of this Chapter shall also apply to every person8
performing services arising out of and incidental to his employment in the course of9
his own trade, business, or occupation, or in the course of his employer's trade,10
business, or occupation, except that the bona fide president, vice president, secretary,11
or treasurer of a corporation who owns not less than ten percent of the stock therein,12
or a partner with respect to a partnership employing him, or a member of a limited13
liability company as defined in R.S. 12:1301(A)(13) who owns not less than a ten14
percent membership interest therein, or a sole proprietor with respect to such sole15
proprietorship may by written agreement, with his insurer, elect not to be covered by16
the provisions of this Chapter. Such election shall not be limited, but shall apply to17
all trades, businesses, or occupations conducted by said corporation, partnership,18
limited liability company, or sole proprietorship. Such an election shall be binding19
upon the employing corporation, partnership, limited liability company, and sole20 HLS 10RS-1474 ORIGINAL
HB NO. 818
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
proprietor and the surviving spouse, relatives, personal representative, heirs, or1
dependents of the officer, partner, member, or sole proprietor so electing. No salary2
or compensation received by any such bona fide corporate officer, partner, member,3
or sole proprietor so electing shall be used in computing the premium rate for4
workers' compensation insurance.5
* * *6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 818
Abstract: A sole proprietor with respect to sole proprietorship may elect to not be covered
by provisions of the workers' compensation provisions of Chapter 10 if he does so
by written agreement with his insurer.
Present law provides that the provisions of present law regarding workers' compensation
shall apply to every person performing services arising out of and incidental to his
employment.
Present law carves out exceptions to the workers' compensation requirement.
Present law provides a sole proprietor may elect to not be covered by the workers'
compensation provisions provided he does so by written agreement.
Proposed law retains present law and also provides that should a sole proprietor elect to not
be covered by the workers' compensation provisions, the written agreement must be with his
insurer.
(Amends R.S. 23:1035(A))