2016 -- S 2586

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LC004734

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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: Senator Michael J. McCaffrey

     Date Introduced: February 25, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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hereby amended by adding thereto the following section:

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

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

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whether a worker is an independent contractor or an employee.

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

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

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

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

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

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

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

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

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

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the forms and designations, upon written requests.

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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authorized representative.

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

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

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

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

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occurring on and after January 1, 2001.

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     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"

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

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

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     This act would take effect upon passage.

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