2016 -- H 7386

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LC003312

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF REVENUE -

INDEPENDENT CONTRACTORS

     Introduced By: Representatives Shekarchi, Diaz, Carnevale, and Ucci

     Date Introduced: January 28, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-142 of the General Laws entitled "Department of Revenue" is

hereby amended by adding thereto the following section:

     42-142-8. Independent contractor. -- (a) The director of the department of revenue

("the director") shall encourage and ensure compliance with state laws and policies concerning

whether a worker is an independent contractor or an employee.

     (b) A person will not be considered an "independent contractor" unless that person

annually files a notice of designation with the director of the department of revenue, consistent

with rules and regulations to be promulgated by the director in writing, on a form provided by the

director, that the person is an "independent contractor." There shall be an annual ten dollar

($10.00) filing fee for the form, which can be filed in person, by mail, or electronically. The

annual filing of the notice of designation shall be a presumption of "independent contractor"

status but shall not preclude a finding of "independent contractor" status by any court, when the

notice is not filed with the director. Any designation or withdraw of designation form shall be

deemed public information and the director shall furnish copies or make available electronically,

the forms and designations, upon written requests.

     SECTION 2. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled

"Workers' Compensation - General Provisions" is hereby repealed.

     28-29-17.1. Notice of designation as independent contractor. -- (a) A person will not

be considered an "independent contractor" unless that person files a notice of designation with the

director, consistent with rules and regulations established by the director, in writing, on a form

provided by the director, that the person is an "independent contractor." The filing of the notice of

designation shall be a presumption of "independent contractor" status but shall not preclude a

finding of independent contractor status by the court when the notice is not filed with the director.

That designation shall continue in force and effect unless the person withdraws that designation

by filing a notice with the director, in writing, on a form provided by the director, that the person

is no longer an "independent contractor." Any designation or withdrawal of designation form

shall be deemed public information and the director shall furnish copies or make available

electronically the forms and designations, upon written request, to any employer or insurer or its

authorized representative.

      (b) The workers' compensation court may, upon petition of an employee, the dependents

of a deceased employee or any other party in interest at any time, vacate any "notice of

designation" if the "notice of designation" has been improperly procured.

      (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries

occurring on and after January 1, 2001.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF REVENUE -

INDEPENDENT CONTRACTORS

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     This act would require that the designation of a worker as an "independent contractor"

form to be filed annually, with a ten dollar ($10.00) filing fee with the director of the department

of revenue, and not the director of the department of labor and training.

     This act would take effect upon passage.

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