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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, 2012
SENATE BILL NO. 604
BY SENATOR GARY SMITH
UNEMPLOYMENT COMP. Provides relative to the eligibility for unemployment insurance
benefits. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:1472(19)(a), relative to unemployment insurance benefits; to2
amend the definition of unemployment in the context of eligibility for unemployment3
insurance benefits; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1472(19)(a) is hereby amended and reenacted to read as follows:6
ยง1472. Definitions7
As used in this Chapter, the following terms shall have the meaning ascribed8
to them in this Section, unless the context clearly indicates otherwise:9
* * *10
(19)(a) "Unemploym ent"--Any individual shall be deemed to be11
"unemployed" in any week during which he performs no services and with respect12
to which no wages are payable to him, or in any week of less than full-time work if13
the wages payable to him with respect to such week are less than his weekly benefit14
amount.15
(i) For the purpose of this Paragraph, any individual who bears a relationship16
of spouse, mother or mother-in-law, father or father-in-law, son or step-son or17 SB NO. 604
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
son-in-law, daughter or step-daughter or daughter-in-law, brother or brother-in-law,1
sister or sister-in-law, to a principal or controlling stockholder or a principal officer2
of a corporation, partnership, or proprietorship, or is himself a principal or3
controlling stockholder or a principal officer of a corporation, partnership, or4
proprietorship, shall not be deemed to be "unemployed" as provided for in this5
Paragraph, without first providing the administrator with whatever records or6
evidence the administrator may prescribe by regulation to provide proof and7
justification of such unemployment. However, the administrator shall not demand8
proof of the complete dissolution of the entire enterprise in order for the9
employee to be deemed unemployed.10
(ii) Any person meeting the criteria set forth in Item (i) of this11
Subparagraph who has for the first four of the last five quarters been listed as12
an employee and for whom unemployment insurance coverage premiums have13
been paid for that same period of time and, who, in addition, is no longer14
eligible to receive any remuneration or dividends from the enterprise for whom15
he previously worked, shall be considered to have met the criteria for16
unemployment.17
(iii) The administrator shall further prescribe regulations applicable to18
unemployed individuals making such distinctions in the procedures as to total19
unemployment, part-total unemployment, partial unemployment of individuals20
attached to their regular jobs, and other forms of short-time work, as the21
administrator deems necessary.22
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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 Carla S. Roberts.
DIGEST
Gary Smith (SB 604)
Present law defines "unemployment" for purposes of collecting unemployment insurance
benefits, listing several familial relationships that would preclude an individual from being
deemed unemployed for the purpose of collecting unemployment insurance benefits. SB NO. 604
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law regarding the administrator's power to prescribe what
constitutes proof of unemployment and further provides that the administrator shall not
demand proof of dissolution of an entire enterprise in order to be deemed unemployed.
Proposed law provides that if a person, who fits the familial criteria in present law excluding
the individual from collecting unemployment insurance benefits, has been employed for the
first four of the last five quarters, and for whom, for that same period of time, unemployment
insurance premiums have been paid, shall be considered to have met the requirements for
being unemployed.
Effective August 1, 2012.
(Amends R.S. 23:1472(19)(a))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill
1. Changes the criteria for unemployment from the "previous four quarters" to
"the first four of the last five quarters".