SLS 10RS-33 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 107
BY SENATOR RISER
WORKERS' COMPENSATION. Provides with respect to those included in the workers'
compensation system. (8/15/10)
AN ACT1
To amend and reenact R.S. 23:1035(A) relative to persons covered by workers'2
compensation, to provide with respect to corporate officers, members of a limited3
liability company, and sole proprietors to elect not to be covered by workers'4
compensation; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1035(A) is hereby amended and reenacted to read as follows: 7
ยง1035. Employees covered8
A. The provisions of this Chapter shall also apply to every person9
performing services arising out of and incidental to his employment in the course of10
his own trade, business, or occupation, or in the course of his employer's trade,11
business, or occupation, except that the bona fide president, vice president, secretary,12
or treasurer of a corporation who owns not less than ten percent of the stock therein,13
or a partner with respect to a partnership employing him, or a member of a limited14
liability company as defined in R.S. 12:1301(A)(13) who owns not less than a ten15
percent membership interest therein, or a sole proprietor with respect to such sole16
proprietorship may by written agreement with his insurer or self-insured group17 SB NO. 107
SLS 10RS-33 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
elect not to be covered by the provisions of this Chapter. Such election shall not be1
limited, but shall apply to all trades, businesses, or occupations conducted by said2
corporation, partnership, limited liability company, or sole proprietorship. Such an3
election shall be binding upon the employing corporation, partnership, limited4
liability company, and sole proprietor and the surviving spouse, relatives, personal5
representative, heirs, or dependents of the officer, partner, member, or sole proprietor6
so electing. No salary or compensation received by any such bona fide corporate7
officer, partner, member, or sole proprietor so electing shall be used in computing8
the premium rate for workers' compensation insurance.9
* * *10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides that corporate officers, members of limited liability companies, and
sole proprietors may agree not to be covered by workers' compensation.
Proposed law retains present law but specifies that the agreement shall be between the
officer, member, or sole proprietor and his insurer or self-insured group.
(Amends R.S. 23:1035(A))