Senate Daily Journal - Louisiana

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Page 40 SENATE June 14, 2001 ROLL CALL The roll was called with the following result: YEAS Bajoie Fields, W Malone Barham Fontenot Marionneaux Boissiere Gautreaux McPherson Cain Heitmeier Michot Campbell Hines Mount Chaisson Hollis Romero Cravins Hoyt Schedler Dardenne Irons Smith Dean Johnson Tarver Dupre Jones, B Theunissen Ellington Jones, C Thomas Fields, C Lentini Ullo Total—36 NAYS Total—0 ABSENT Mr. President Bean Lambert Total—3 The Chair declared the amendments proposed by the House were concurred in. Senator Ellington moved to reconsider the vote by which the amendments were concurred in and laid the motion on the table. SENATE BILL NO. 1105 BY SENATOR SCHEDLER (Substitute for Senate Bill 812 by Senator Schedler)— AN ACT To enact Part XXV of Chapter 1 of Title 22 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 22:1131 through 1139, relative to professional employer organizations; to provide for regulation of insurance operations; to authorize professional employer organizations; to provide benefit plans under certain circumstances; to require workers' compensation insurance coverage on employees; to provide for licensing requirements; to provide for exemptions; and to provide for related matters. The bill was read by title. Returned from the House of Representatives with the following amendments: HOUSE COMMITTEE AMENDMENTS Amendments proposed by House Committee on Labor and Industrial Relations to Reengrossed Senate Bill No. 1105 by Senator Schedler AMENDMENT NO. 1 On page 1, line 3, after "1139," insert "and Part XII of Chapter 11 of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 23:1761 through 1768," AMENDMENT NO. 2 42nd DAY'S PROCEEDINGS On page 1, line 8, after "exemptions;" insert the following: "to provide for definitions; to provide for the rights and responsibilities of professional employer organizations and their clients relative to each other and their covered employees; to provide for registration requirements and conditions; to provide for renewal and revocation of registration;" AMENDMENT NO. 3 On page 3, line 20, after "agreement." delete the remainder of the line and delete lines 22 through 27 in their entirety AMENDMENT NO. 4 On page 4, delete lines 1 through 15 in their entirety AMENDMENT NO. 5 On page 4, between lines 22 and 23, insert the following: "§1132.1. Professional employer services agreement requirements Every professional employer services agreement (of "PEO agreement") shall comply with the following requirements: (1) The agreement shall be in writing and executed by both the PEO and the client. (2) The agreement shall have an initial term of at least one year or, in the absence of an initial term of one year, the agreement shall clearly indicate that the intent is for the agreement to be on-going rather than temporary. (3) The agreement shall provide that the client retains control over its business enterprise and exercises direction and control over the covered employees as to the manner and method of work done in furtherance of the client's business, but that authority and responsibility as to other employment matters, including but not limited to, hiring, firing, discipline and compensation are allocated to and shall be between the PEO and the client. (4) The agreement shall specifically provide for and allocate responsibility between the PEO and the client company with regard to the procurement and maintenance of workers' compensation insurance covering their liability for workers' compensation benefits and group health insurance to or with respect to the employees covered by the professional services agreement and with regard to liability for workers' compensation benefits to the employees covered by the professional services agreement. (5) The agreement shall state specifically that the agreement is executed between the parties subject to the provisions of this Part and Part XII of Chapter 11 of Title 23 of the Louisiana Revised Statutes of 1950." AMENDMENT NO. 6 On page 10, between lines 1 and 2, insert the following: "Section 2. Part XII of Chapter 11 of Title 23 of the Louisiana Revised Statutes of 1950, comprised of R.S. 23:1761 through 1768, is hereby enacted to read as follows: PART XII. PROFESSIONAL EMPLOYER ORGANIZATIONS §1761. Definitions As used in this Chapter, the following terms shall have the meanings hereinafter ascribed to them:
42nd DAY'S PROCEEDINGS Page 41 SENATE June 14, 2001 (1) "Client" means an employer who obtains services on all or B.(1) This Part shall not prohibit a client who is party to a a majority of its work force or labor from a professional employer collective bargaining agreement from contracting with a PEO, if the organization. union consents to such agreement. (2) "Covered employee" means a person having a co- (2) A PEO arrangement shall have no effect on collective employment relationship with both a PEO and the PEO's client bargaining agreements that are in existence prior to the PEO pursuant to an executed PEO service agreement. arrangement. (3) "Co-employment relationship" means an employment C. This Part shall not apply to contracts for services where no relationship whereby both the client and the PEO have an co-employment relationship exists and neither party represents such employer/employee relationship with the covered employee and the services as being PEO services. direction and control of the covered employee is shared by or D.(1) This Part does not exempt a client of a registered PEO or allocated between the client and the PEO pursuant to a PEO service a covered employee from any other license requirements imposed agreement. under local, state, or federal law. (4) "Experience rating" shall have the meaning assigned to it (2) A covered employee who is licensed, registered, or certified under the Employment Security Law. under law is considered to be an employee of the client for purposes (5) "Independent contractor" means a person who, for the of that license, registration, or certification. purposes of the Employment Security Law, satisfies the exception (3) A registered PEO is not engaged in the unauthorized practice provided in R.S. 23:1472(12)(E). of an occupation, trade, or profession that is licensed, certified, or (6) "Person" means an individual, association, partnership, otherwise regulated by a governmental entity solely by entering into corporation, limited liability company, or other entity. a professional employer services agreement with a client or co- (7) "Professional Employer Organization" or "PEO" means any employing an employee of such a client. person that offers professional employer services pursuant to a professional employer services agreement with a client, including but §1763. Rights and responsibilities not limited to administrative services organizations and employee A. For purposes of this Chapter, as long as the professional leasing organizations that provide services pursuant to a PEO employer services agreement between the PEO and the client remains agreement. Such PEO shall be considered an employer for purposes in force, a PEO shall be deemed an employer of the covered of this Chapter. employees to the extent and for the purposes enumerated in the (8) "Professional employer services agreement" or "PEO professional employer services agreement. However, the PEO shall services agreement" means an agreement between a professional have the following employer rights and responsibilities with regard employer organization and a client pursuant to which the professional to such covered employees in any case: employer organization will upon execution of the agreement co- (1) It shall pay the wages of covered employees from its own employ a substantial part of a client's workforce and undertake accounts. specified responsibilities as an employer for all covered employees (2) It shall have the responsibility for the withholding and that are co- employed by the agreement between the professional remittance of payroll-related taxes of the covered employees from its employer organization and the client. own accounts. (9) "Staffing service" means any person, other than a (3) It shall pay federal unemployment taxes as required by professional employer organization, that hires its own employees and federal unemployment laws. assigns them to a client to support or supplement the client's (4) It shall have the right to sponsor and maintain fully insured workforce. It includes temporary staffing services and leasing employee benefit and welfare plans for covered employees. Nothing companies that supply employees to clients in special work in this Part shall prevent a client from including covered employees situations such as employee absences, temporary skill shortages, in a client benefit program or plan or shall prevent covered seasonal workloads, and special assignments and projects. employees from participating in such a program or plan. (10) "Temporary employee" is an employee, whether B. (1) A PEO shall be liable for state unemployment taxes for called temporary employee or leased employee, who is wages paid by the PEO to covered employees but only for the recruited by a staffing service or employee leasing duration of the PEO services agreement applicable to such company, is assigned to a client by such service or employees. The PEO shall collect federal and state unemployment company, and is expected to return to the staffing service taxes. The PEO shall remit all collected federal unemployment taxes or leasing company for reassignment at the end of duties at to the United States Department of Treasury, Internal Revenue the client company. Service and shall remit all collected state unemployment taxes to the (11) "UI tax account" means a state unemployment tax account. Department of Labor. A PEO shall be required to provide a client with an invoice detailing the services provided which shall include an §1762. Exemptions and exceptions itemization of the actual federal and state unemployment taxes owed A. This Part shall not apply to the following: and paid on behalf of the covered employees, as well as any amount (1) Labor organizations as defined by the National Labor the PEO charges for such service. Relations Act. (2) A PEO shall keep separate records and submit separate (2) Staffing services. quarterly contribution and wage reports for each of its client entities (3) Temporary employment arrangements. using the client's account number, and unemployment contribution (4) Independent contractors. rate. (5) Political subdivisions of the state or the United States and (3) The PEO and the client shall be jointly and severally liable any of their programs or agencies. for any unpaid contributions, interest, and penalties due for Louisiana
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