HLSENROLLED 26RS-910 ENGROSSED Regular Session HOUSE BILL NO.

301 BY REPRESENTATIVE WYBLE LABOR:AN ACT To enact Chapter 11-B of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.

Creates the Independent Contractor VoluntaryPortable Benefits Act AN ACT To enact Chapter 11-B of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.

Page(2) 1"Hiringparty"meansapersonorentitythathiresorentersintoacontract for the performance of 4work CODING:with an independent contractor who meets the rebuttable presumption standard established in R.S.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-910 ENGROSSED HB NO.

301 (2) "Hiringparty"meansapersonorentitythathiresorentersintoacontract for the performance of work with an independent contractor who meets the rebuttable presumption standard established in R.S.

(3)Page "Portable1 benefitof account"3 meansCODING: an account owned by an independent contractor that is assigned to an individual beneficiary and is not associated with a specific employer or hiring party.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

301 ENROLLED (3) "Portable benefit account" means an account owned by an independent contractor that is assigned to an individual beneficiary and is not associated with a specific employer or hiring party.

Any person or entity, including an internetinternet- or application-based entity, may contribute funds to one or more portable benefit accounts.

AcontributiontoAcontributiontoaportablebenefitaccountmaybemadeusingthefunds aportablebenefitaccountmaybemadeusingthefunds of the hiring partyor a percentage of funds withheld from compensation owed to an independent contractor if all of the following occur:

Page(2) 2Thewrittenagreementisclear,unambiguous,andprominentlydisplayed ofeither 4in CODING:a services agreement or other contract between the independent contractor and the hiring party or in a separate notice.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-910 ENGROSSED HB NO.

301 (2) Thewrittenagreementisclear,unambiguous,andprominentlydisplayed either in a services agreement or other contract between the independent contractor and the hiring party or in a separate notice.

(4)Page Theindependentcontractoris2 allowedto opt out of the3 agreementatCODING: any time.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

301 ENROLLED (4) The independent contractoris allowedto opt out oftheagreementat any time.

Contributions to aaportablebenefitaccount portablearevoluntaryand benefitshall account are voluntaryandshall not be used as criterion for determining an individual's employment classification.

DIGESTD. ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

ItThe constitutesprovisions nopart of this Chapter shall not applyto the legislativeLouisiana instrument.Workers' Compensation Law, R.S.

The23:1020 keyword,et one-liner,seq. abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

1:13(B)Page and3 24:177(E)]of HB3 301CODING: Engrossed 2026 Regular Session Wyble Abstract:

Creates the Independent Contractor Voluntary Portable Benefits Act, which allows certain entities to administer portable benefit accounts for the purpose of holding contributions for independent contractors to purchase certain employment- related benefits.

Proposed law defines "bank", "hiring party", "portable benefit account", and "portable benefit account provider".

Proposed law allows anyperson or entity, including an internet or application-based entity, to contribute funds to one or more portable benefit accounts.

Proposed law allows a contribution to a portable benefit account to be made utilizing the hiring party's funds or a percentage of an independent contractor's wages if all of the following occur:

(1) The withholding of compensation is expressly agreed to in writing by both parties.

(2) The written agreement is clear, unambiguous, and prominently displayed either in a services agreement or other contract between the independent contractor and the hiring party or in a separate notice.

(3) The withholding of compensation is voluntary and requires an independent contractor to opt in.

(4) The independent contractor is allowed to opt out of the agreement at any time.

Page 3 of 4 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-910 ENGROSSED HB NO.

301 Proposed law provides that all contributions to a portable benefit account are voluntaryand shall not be used as a criterion for determining an individual's employment classification.

Proposed law prohibits inferring contributions as evidence of an employer's liability and prohibitsacourtfromconstruingcontributionsasanelementofanemploymentrelationship for any purpose under state workers' compensation and employment security laws.