Louisiana 2012 Regular Session

Louisiana Senate Bill SB604 Latest Draft

Bill / Chaptered Version

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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	ENROLLED
SENATE BILL NO. 604
BY SENATOR GARY SMITH 
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 meaning8
meanings ascribed to them in this Section, unless the context clearly indicates9
otherwise:10
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(19)(a) "Unemployment"--Any individual shall be deemed to be12
"unemployed" in any week during which he performs no services and with respect13
to which no wages are payable to him, or in any week of less than full-time work if14
the wages payable to him with respect to such week are less than his weekly benefit15
amount.16
(i) For the purpose of this Paragraph, any individual who bears a relationship17
of spouse, mother or mother-in-law, father or father-in-law, son or step-son or18
son-in-law, daughter or step-daughter or daughter-in-law, brother or brother-in-law,19
sister or sister-in-law, to a principal or controlling stockholder or a principal officer20
of a corporation, partnership, or proprietorship, or is himself a principal or21
controlling stockholder or a principal officer of a corporation, partnership, or22
proprietorship, shall not be deemed to be "unemployed" as provided for in this23
Paragraph, without first providing the administrator with whatever records or24
evidence the administrator may prescribe by regulation to provide proof and25
justification of such unemploym ent. However, the administrator shall not demand26
proof of the complete dissolution of the entire enterprise in order for the27
ACT No. 675 SB NO. 604	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
employee to be deemed unemployed.1
(ii) Any person meeting the criteria set forth in Item (i) of this2
Subparagraph who has for the first four of the last five quarters been listed as3
an employee and for whom unemployment insurance coverage premiums have4
been paid for that same period of time and, who, in addition, is no longer5
eligible to receive any remuneration or dividends from the enterprise for whom6
he previously worked, shall be considered to have met the criteria for7
unemployment.8
(iii) The administrator shall further prescribe regulations applicable to9
unemployed individuals making such distinctions in the procedures as to total10
unemployment, part-total unemployment, partial unemployment of individuals11
attached to their regular jobs, and other forms of short-time work, as the12
administrator deems necessary.13
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: