SLS 10RS-528 ENGROSSED
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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. 398
BY SENATOR RISER
UNEMPLOYMENT COMP. Provides relative to employment records and reports for
purposes of unemployment insurance. (8/15/10)
AN ACT1
To amend and reenact R.S. 23:1660(C)(1), relative to employment records and reports for2
purposes of unemployment insurance; to provide relative to the confidentiality of3
information; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1660(C)(1) is hereby amended and reenacted to read as follows:6
ยง1660. Employment records and reports; inspection by administrator; confidentiality7
of records; prohibition against subpoena8
* * *9
C.(1) Information, statements, transcriptions of proceedings, transcriptions10
of recordings, electronic recordings, letters, memoranda, and other documents and11
reports thus obtained, or obtained from any individual, claimant, employing unit, or12
employer pursuant to the administration of this Chapter, except to the extent13
necessary for the proper administration and enforcement of this Chapter, shall be14
held confidential and shall not be subject to subpoena in any civil action or15
proceeding, nor be published or open to public inspection, other than to public16
employees in the performance of their public duties, including the office of workers'17 SB NO. 398
SLS 10RS-528 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
compensation for information as to the limited questions of whether benefits have1
been paid and for which period of time for limited purposes of resolution of any2
workers' compensation claim dispute or fraud investigation under the Workers'3
Compensation Act, in any manner revealing the individual's or employing unit's4
identity. However, if requested, an employing unit or employer shall receive with5
any "notice to appear for a hearing" a copy of the statement which the claimant made6
regarding his separation from that employing unit or employer and in the same7
manner, and on the same subject, the claimant shall receive a copy of the employer's8
statement. Additionally, any claimant or his duly authorized representative, at a9
hearing before an appeal referee or the board of review, shall be supplied with10
information from such records to the extent necessary for the proper presentation of11
his claim.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Riser (SB 398)
Present law provides that employment records and reports shall be held confidential and not
subject to subpoena, publication, or public inspection, except for public employees in
performance of their public duties. Specifies that the office of workers' compensation shall
have access to answers to limited question regarding whether benefits have been paid and
the period of time paid.
Proposed law removes the office of workers' compensation qualification regarding
information in response to the limited questions regarding length of time benefits have been
paid.
Effective August 15, 2010.
(Amends R.S. 23:1660(C)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill.
1. Amendments remove restrictions on the use of information used by the office
of workers' compensation, within the context of fraud investigations.