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Regular Session, 2012
HOUSE BILL NO. 534
BY REPRESENTATIVE ALFRED WILLIAMS
UNEMPLOYMENT COMP: Provides for the suspension of certain licenses to persons who
owe overpayment obligations of unemployment compensation benefits
AN ACT1
To amend and reenact R.S. 56:647(A) and (B) and to enact R.S. 23:1749.1 through 1749.8,2
relative to overdue unemployment compensation benefits overpayment obligations;3
to provide for the suspension of certain licenses while overpayment obligations are4
due; to provide definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1749.1 through 1749.8 are hereby enacted to read as follows: 7
§1749.1. Deinitions8
For purposes of R.S. 23:1749.1 through 1749.8, the following terms shall9
have the meaning ascribed to them in this Section:10
(1) "License" means any recreational license to fish or hunt in Louisiana.11
(2) "Licensee" means any individual holding a license.12
(3) "Licensing authority" means the Louisiana Department of Wildlife and13
Fisheries.14
(4) "Obligor" means any individual legally obligated to repay an15
overpayment of unemployment compensation benefits fraudulently obtained16
pursuant to R.S. 23:1601(8), who has failed to make required repayment for ninety17
or more days.18
(5) "Overpayment" means a final determination issued pursuant to R.S.19
23:1713(A).20
(6) "Suspension" means a temporary revocation of a license for an indefinite21
period of time or the denial of an application for issuance or renewal of a license.22 HLS 12RS-1047 ENGROSSED
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§1749.2. Notice of overpayment delinquency; suspension of license1
A. The commission may send by certified mail, return receipt requested, a2
notice of overpayment delinquency to an obligor informing the obligor of the3
commission's intention to submit his name to the licensing authority for suspension4
of his license. If an obligor holds multiple licenses, the commission may issue a5
single notice of its intention to submit multiple suspensions.6
B. A notice of overpayment delinquency shall include all of the following:7
(1) A summary of the obligor's right to file a written objection to the8
suspension of his license, including the time within which the objection shall be filed9
and the address where the objection shall be filed.10
(2) A brief description of an administrative hearing and location of the11
hearing if the obligor timely files a written objection.12
(3) The address and telephone number to which the obligor may respond.13
(4) A statement of the amount of the past-due overpayment.14
(5) A brief summary of all requirements the obligor shall meet to come into15
compliance or to forestall the suspension.16
§1749.3. Objection to suspension of license17
A. Within twenty days after receipt of the notice of overpayment18
delinquency, the obligor may file a written objection with the commission requesting19
an administrative hearing to determine whether he is in compliance with the cited20
overpayment obligation.21
B. If the obligor does not timely file a written objection or enter into a22
written agreement with the commission to make periodic payments on an23
overpayment, the commission shall certify that the obligor is noncompliant to the24
licensing authority for license suspension.25
§1749.4. Administrative hearing26
Upon receipt of a timely written objection, the commission shall conduct an27
administrative hearing in accordance with the procedures provided in R.S. 23:1629.28
The hearing may be conducted by telephone or other electronic media. The sole29 HLS 12RS-1047 ENGROSSED
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issue at the administrative hearing shall be whether the obligor is in compliance with1
his obligation to repay an overpayment or whether the obligor has failed to make2
required repayment for more than ninety days. The obligor may appeal the decision3
issued by judicial review in accordance with the procedures provided in R.S.4
23:1634.5
§1749.5. Certification of noncompliance6
The commission may certify electronically to the licensing authority that a7
licensee is not in compliance with an overpayment obligation in the event of any of8
the following:9
(1) The obligor has not timely filed an objection to the notice of10
overpayment delinquency and more than twenty days have passed after service of the11
notice of overpayment delinquency.12
(2) The obligor has timely filed an objection to the notice of overpayment13
delinquency and an adverse decision or order was issued after the administrative14
hearing, rehearing, or judicial review and all legal delays have lapsed.15
§1749.6. Suspension of license16
A. Within thirty days after receipt of a certification of noncompliance from17
the commission, the licensing authority shall suspend the license of all licensees18
named therein.19
B. The licensing authority shall specify a date of suspension, which date20
shall be within thirty days from the licensing authority's receipt of the certification21
of noncompliance.22
§1749.7. Subsequent compliance with overpayment obligation; compliance releases23
A. An obligor shall be considered to be in subsequent compliance with an24
overpayment obligation when all of the following occur:25
(1) The obligor is up to date with all overpayment obligations.26
(2) All past-due overpayment obligations have been paid or if the obligor27
agreed to a periodic payment schedule with the commission, the obligor has made28 HLS 12RS-1047 ENGROSSED
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timely periodic payments in accordance with the terms of that agreement for at least1
ninety days.2
B. At the request of an obligor who is in subsequent compliance with3
Subsection A of this Section, the commission shall electronically issue a compliance4
release certificate indicating that the obligor is eligible to have his license reissued.5
§1749.8. Reissuance of license6
The licensing authority shall issue, reissue, renew, or otherwise extend an7
obligor's license, in accordance with any applicable reinstatement fees or applicable8
rules, upon receipt of a certified copy of a compliance release from the commission.9
Section 2. R.S. 56:647(A) and (B) are hereby amended and reenacted to read as10
follows: 11
§647. Suspension or denial of hunting and fishing license; failure to pay child12
support, or individual income tax, or unemployment compensation13
overpayment14
A.(1) Regardless of the requirements for the issuance or renewal of a license15
pursuant to the provisions of this Chapter, all hunting and fishing licenses issued16
pursuant to this Chapter are also subject to the provisions of R.S. 9:315.30 et seq.,17
suspension of license for nonpayment of child support and R.S. 23:1749.1 et seq.,18
suspension of license for nonpayment of unemployment compensation overpayment.19
(2) The Department of Wildlife and Fisheries shall adopt rules and20
regulations in accordance with the provisions of the Administrative Procedure Act21
to effectuate the orderly and expeditious suspension and reissuance of hunting and22
fishing licenses in accordance with R.S. 9:315.30 et seq. and R.S. 23:1749.1 et seq.23
B.(1) Regardless of the requirements for the issuance or renewal of a license24
pursuant to the provisions of this Chapter, all recreational hunting and fishing25
licenses issued pursuant to this Chapter are also subject to the provisions of R.S.26
9:315.40 et seq., revocation of license for nonpayment of child support and R.S.27
23:1749.1 et seq., suspension of license for nonpayment of unemployment28
compensation overpayment.29 HLS 12RS-1047 ENGROSSED
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(2) The Department of Wildlife and Fisheries shall adopt rules and1
regulations in accordance with the provisions of the Administrative Procedure Act2
to effectuate the orderly and expeditious suspension and reissuance of recreational3
hunting and fishing licenses in accordance with R.S. 9:315.40 et seq. and R.S.4
23:1749.1 et seq.5
* * *6
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)]
Alfred Williams HB No. 534
Abstract: Provides for the suspension of recreational hunting and fishing licenses for
persons with overdue unemployment compensation benefits overpayment
obligations.
Present law provides that the commission may enforce the collection of overpayment of
unemployment compensation benefits by means of assessment and executory procedure.
Present law provides that after an exhaustion or prescription of appeal rights of an obligor,
the commission may file with the Dept. of Revenue against any income tax refund, to collect
overpayment.
Proposed law provides definitions to be used throughout proposed law.
Proposed law provides that the commission may notify an obligor by certified mail of an
overpayment delinquency and the intention of the commission to submit the obligor's name
to the licensing agency for a suspension of license.
Proposed law provides in the notice of delinquency, the commission shall also notify the
obligor where he can file an objection of the suspension of his license, the amount the
obligor owes, and what the obligor must do to bring himself into compliance.
Proposed law provides the procedure to the license suspension, which includes a written
objection if the obligor wishes to object, an administrative hearing, a certification of
noncompliance, and the suspension of the license.
Proposed law provides the time periods for the suspension and reinstatement of a license.
Proposed law provides that the certification of noncompliance and the compliance release
certificate may be issued electronically.
Proposed law provides that upon payment of any delinquencies, the commission shall issue
a compliance release certificate which shall indicate that the obligor is eligible to have his
license reissued.
Proposed law provides that the licensing authority shall issue, reissue, renew, or otherwise
extend the obligor's license upon receipt of the compliance release certificate. HLS 12RS-1047 ENGROSSED
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Present law (R.S. 56:647) provides for the suspension or denial of a hunting or fishing
license for failure to pay child support or individual income tax.
Proposed law retains present law and further provides for the suspension or denial of a
recreational hunting or fishing license for failure to pay an unemployment compensation
overpayment obligation.
(Amends R.S. 56:647(A) and (B); Adds R.S. 23:1749.1-1749.8)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Clarified that proposed law shall apply to licenses issued to fish or hunt
recreationally.
2. Provided that an obligor is an individual obligated to repay an overpayment of
unemployment compensation obtained fraudulently.
3. Provided that the certification of noncompliance and the compliance release
certificate may be issued electronically and deletes the option to issue them in
writing.
4. Deleted the requirement that each licensee be notified that his license has been
suspended.
5. Deleted the requirement that the licensing authority issue a notice of suspension.