SLS 10RS-33 REENGROSSED
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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 group self-insurance17 SB NO. 107
SLS 10RS-33 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
fund elect not to be covered by the provisions of this Chapter. Such election shall1
not be limited, but shall apply to all trades, businesses, or occupations conducted by2
said corporation, partnership, limited liability company, or sole proprietorship. Such3
an 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 was prepared by Mary Dozier O'Brien. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Dawn Romero Watson.
DIGEST
Riser (SB 107)
Present law provides that the workers compensation coverage shall apply to every person
performing services arising out of and incidental to his employment in the course of his own
trade, business, or occupation, or in the course of his employer's trade, business, or
occupation.
Present law provides an exception for the bona fide president, vice president, secretary, or
treasurer of a corporation who owns not less than 10% of the stock therein, or a partner with
respect to a partnership employing him, or a member of a limited liability company who
owns not less than a 10% membership interest therein, or a sole proprietor with respect to
such sole proprietorship. Provides allows such persons to elect not to be covered by written
agreement. Provides that such election shall not be limited, but shall apply to all trades,
businesses, or occupations conducted by the corporation, partnership, limited liability
company, or sole proprietorship. Provides that such an election shall be binding upon the
employing corporation, partnership, limited liability company, and sole proprietor and the
surviving spouse, relatives, personal representative, heirs, or dependents of the officer,
partner, member, or sole proprietor.
Proposed law retains present law and specifies that the written agreement be between the
officer, member, or sole proprietor and his insurer or group self-insurance fund.
(Amends R.S. 23:1035(A))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Corrects reference to group self-insurance funds.