HLS 12RS-581 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 354
BY REPRESENTATIVE CROMER
EMPLOYMENT/AGENCIES: Provides relative to registration and regulation of
Professional Employer Organizations by the Dept. of Insurance and the La.
Workforce Commision
AN ACT1
To enact R.S. 22:1751 and R.S. 23:1769, relative to registration and regulation of2
Professional Employer Organizations by the Department of Insurance and the3
Louisiana Workforce Commission; to authorize such organizations to register4
electronically and through certain approved assurance organizations; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:1751 is hereby enacted to read as follows:8
§1751. Electronic registration; registration through an approved assurance9
organization10
A. The commissioner is authorized, to the extent practical, to accept the11
electronic filing of a PEO registration that is in conformance with the Louisiana12
Uniform Electronic Transaction Act, R.S. 9:2601 et seq., including applications,13
documents, reports, and other filings required by this Part.14
B. The commissioner is further authorized, to the extent practical, to provide15
for the acceptance of electronic filings and other assurance documents by an16
independent and qualified assurance organization approved by the commissioner that17
provides satisfactory assurance of compliance with the applicable provisions of this18
Part. The commissioner may permit a PEO to authorize such an approved assurance19 HLS 12RS-581 ORIGINAL
HB NO. 354
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organization to act on the PEO's behalf in complying with the registration1
requirements of this Part, including the electronic filing of applications, documents,2
reports, registration fees, and other information. Use of such an approved assurance3
organization shall be optional and not mandatory for any PEO.4
C. Nothing in this Section shall limit or change the authority of the5
commissioner to register or terminate the registration of a PEO or to investigate or6
enforce any provision of this Part.7
Section 2. R.S. 23:1769 is hereby enacted to read as follows:8
§1769. Electronic registration; registration through an approved assurance9
organization10
A. The administrator is authorized, to the extent practical, to accept the11
electronic filing of a PEO registration that is in conformance with the Louisiana12
Uniform Electronic Transaction Act, R.S. 9:2601 et seq., including applications,13
documents, reports, and other filings required by this Part.14
B. The administrator is further authorized, to the extent practical, to provide15
for the acceptance of electronic filings and other assurance documents by an16
independent and qualified assurance organization approved by the commissioner that17
provides satisfactory assurance of compliance with the applicable provisions of this18
Part. The administrator may permit a PEO to authorize such an approved assurance19
organization to act on the PEO's behalf in complying with the registration20
requirements of this Part, including the electronic filing of applications, documents,21
reports, registration fees, and other information. Use of such an approved assurance22
organization shall be optional and not mandatory for any PEO.23
C. Nothing in this Section shall limit or change the authority of the24
administrator to register or terminate the registration of a PEO or to investigate or25
enforce any provision of this Part.26 HLS 12RS-581 ORIGINAL
HB NO. 354
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are additions.
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)]
Cromer HB No. 354
Abstract: Authorizes Professional Employer Organizations registered and regulated by the
Dept. of Insurance and the La. Workforce Commission to register electronically and
through certain approved assurance organizations.
Present law authorizes the commissioner of insurance and the executive director of the La.
Workforce Commission (administrator) to register and regulate Professional Employer
Organizations (PEOs). Defines such organizations as any person that offers professional
employer services pursuant to a professional employer services agreement, defined as an
agreement between a professional employer organization and a client pursuant to which the
PEO assumes the status of employer with respect to a substantial part of a client's workforce
and undertakes responsibilities specified in the agreement with respect to those employees
covered by the agreement.
Proposed law authorizes the commissioner and the executive director to accept the electronic
filing of a PEO registration that is in conformance with the La. Uniform Electronic
Transaction Act, including applications, documents, reports, and other filings required by
present law.
Proposed law further authorizes the commissioner and the executive director to provide for
the acceptance of electronic filings and other assurance documents by an independent and
qualified assurance organization approved by the commissioner that provides satisfactory
assurance of compliance with the applicable provisions of present law. Allows the
commissioner to permit a PEO to authorize such an approved assurance organization to act
on the PEO's behalf in complying with the registration requirements of present law,
including the electronic filing of applications, documents, reports, registration fees, and other
information. Specifies that use of such an approved assurance organization shall be optional.
Proposed law provides that nothing in proposed law shall limit or change the authority of the
commissioner to register or terminate the registration of a PEO or to investigate or enforce
any provision of present law.
(Adds R.S. 22:1751 and R.S. 23:1769)