Louisiana 2010 Regular Session

Louisiana Senate Bill SB107 Latest Draft

Bill / Chaptered Version

                            Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010	ENROLLED
SENATE BILL NO. 107
BY SENATOR RISER 
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
fund elect not to be covered by the provisions of this Chapter. Such election shall18
not be limited, but shall apply to all trades, businesses, or occupations conducted by19
said corporation, partnership, limited liability company, or sole proprietorship. Such20
an election shall be binding upon the employing corporation, partnership, limited21
liability company, and sole proprietor and the surviving spouse, relatives, personal22
representative, heirs, or dependents of the officer, partner, member, or sole proprietor23
so electing. No salary or compensation received by any such bona fide corporate24
ACT No. 120 SB NO. 107	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
officer, partner, member, or sole proprietor so electing shall be used in computing1
the premium rate for workers' compensation insurance.2
*          *          *3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: