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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, 2014 ENROLLED
SENATE BILL NO. 372
BY SENATOR MARTINY
AN ACT1
To amend and reenact R.S. 23:1660(C), (D), (E), (F), and (G) and to enact R.S. 23:1660(H),2
relative to unemployment insurance; to provide for audits; to provide for3
administrative penalties for noncompliance with audits; to provide for4
reimbursement of administrative penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1660(C), (D), (E), (F), and (G) are hereby amended and reenacted7
and R.S. 23:1660(H) is hereby enacted to read as follows: 8
ยง1660. Employment records and reports; inspection by administrator;9
confidentiality of records; prohibition against subpoena10
* * *11
C.(1) If, in response to the administrator's request, an employer refuses12
to allow an audit of its records; fails to make all necessary records available for13
audit or inspection; or in response to a fraud investigation, fails to provide a14
claimant's weekly wage information; the employer may be assessed an15
administrative penalty of five thousand dollars.16
(2) Any notice requesting records as provided for in Paragraph (1) of17
this Subsection must clearly state that a penalty of up to five thousand dollars18
may be assessed for the failure to provide the records which are requested by19
the administrator.20
(3) Any penalties assessed and collected against the employer shall be21
credited to the penalty and interest account.22
(4) Upon the conclusion of an audit pursuant to this Subsection, the23
administrator may refund the administrative penalty to the employer, minus all24
administrative costs associated with the audit request.25
ACT No. 489 SB NO. 372 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
D.(1) Information, statements, transcriptions of proceedings, transcriptions1
of recordings, electronic recordings, letters, memoranda, and other documents and2
reports thus obtained, or obtained from any individual, claimant, employing unit, or3
employer pursuant to the administration of this Chapter, except to the extent4
necessary for the proper administration and enforcement of this Chapter, shall be5
held confidential and shall not be subject to subpoena in any civil action or6
proceeding, nor be published or open to public inspection, other than to public7
employees in the performance of their public duties, including the office of workers'8
compensation in any manner revealing the individual's or employing unit's identity.9
However, if requested, an employing unit or employer shall receive with any "notice10
to appear for a hearing" a copy of the statement which the claimant made regarding11
his separation from that employing unit or employer and in the same manner, and on12
the same subject, the claimant shall receive a copy of the employer' s statement.13
Additionally, any claimant or his duly authorized representative, at a hearing before14
an appeal referee or the board of review, shall be supplied with information from15
such records to the extent necessary for the proper presentation of his claim.16
(2) Any person who violates any provision of this Section shall be fined not17
less than twenty dollars nor more than five hundred dollars, or imprisoned for not18
less than ten days nor more than ninety days, or both.19
DE. On orders of the administrator, any records or documents received or20
maintained by him under the provisions of this Chapter, or the rules and regulations21
promulgated thereunder, may be destroyed under such safeguards as will protect22
their confidential nature two years after the date on which such records or documents23
last serve any useful, legal, or administrative purpose in the administration of this24
Chapter or in the protection of the rights of anyone.25
EF. Any such information, as provided in Subsection C D of this Section,26
that is released to any public employee in the performance of public duties, may be27
released on a reimbursable basis and shall be used exclusively for execution of28
intended public duties and shall not, under any circumstance, be accessed and used29
for any other purpose, subject to sanction of any such public employee under30 SB NO. 372 ENROLLED
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Paragraph (2) of Subsection C (D)(2) of this Section. The administrator and the1
office of employment security shall not be liable for any violation by any such public2
employee to whom such information has been disclosed or delegated.3
FG. A state or local child support enforcement agency may provide access4
to disclosed information to any agent that is under written contract with such agency5
for purposes of establishing and collecting child support obligations from and6
locating individuals owing such obligations. Any such designated agent of a state or7
local child support agency that receives such information shall fully comply with the8
safeguards established under Subsection E F of this Section, subject to sanction9
under Paragraph (2) of Subsection C (D)(2) of this Section.10
GH.(1) The Governor's Office of Louisiana Workforce Commission, the11
division of administration, or any contractor working on behalf of either of them,12
may be provided employment data obtained pursuant to the administration of this13
Chapter for any one of the expressly stated following purposes:14
(a) Compiling statistics which would support performance management and15
evaluation by program managers of state and federal programs, especially as it16
relates they relate to employment outcomes.17
(b) Compiling statistics which would assist in the preparation of common18
performance reports across agencies.19
(c) Compiling statistics for education and training research purposes,20
including longitudinal studies to assist in program improvement and design.21
(2) Any employment data, provided pursuant to this Subsection, will be22
confidential. No public employee or contractor acting on behalf of a state agency or23
employee of such contractor may do either of the following:24
(a) Use any data, provided pursuant to this Subsection, for any purpose other25
than the statistical purposes for which the data is furnished.26
(b) Make public any of the data, provided pursuant to this Subsection, which27
would allow the identity of any individual or employing unit to be inferred by either28
direct or indirect means.29
(3)(a) Any such data, as provided in this Subsection, that is released to any30 SB NO. 372 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
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state agency or any contractor acting on behalf of a state agency pursuant to this1
Subsection, may be released on a reimbursable basis and shall be used exclusively2
for execution of intended public duties. Such data shall not, under any circumstance,3
be accessed and used for any other purpose, subject to sanction as provided for in4
Subparagraph (c) of this Paragraph of any such employee of such state agency or any5
contractor acting on behalf of such state agency. The administrator and the office of6
employment security shall not be liable for any violation by any employee of the7
Governor's Office of Louisiana Workforce Commission, the division of8
administration, or any contractor working on behalf of either of them, to whom such9
information has been disclosed or delegated in accordance with the provisions of this10
Subsection.11
(b) Any such data, as provided in this Subsection, that is received by any state12
agency or any contractor acting on behalf of a state agency pursuant to this13
Subsection, must be destroye d within thirty days of completion of its intended14
purpose as described in this Subsection.15
(c) Any person who violates any provision of this Subsection shall be fined16
not less than one thousand dollars nor more than twenty thousand dollars or17
imprisoned for not less than thirty days nor more than six months, or both.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: