2023 -- H 5710 | |
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LC001535 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION-- | |
GENERAL PROVISIONS | |
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Introduced By: Representatives Corvese, Azzinaro, O'Brien, Noret, Biah, Costantino, and | |
Date Introduced: February 17, 2023 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled "Workers’ |
2 | Compensation — General Provisions" is hereby amended to read as follows: |
3 | 28-29-17.1. Notice of designation as independent contractor. |
4 | (a) A person will not be considered an “independent contractor” unless that person files a |
5 | notice of designation with the director, consistent with rules and regulations established by the |
6 | director, in writing, on a form provided by the director, that the person is an “independent |
7 | contractor”. A person shall be required to file the form no later than January 31 of each year and |
8 | pay a fifty dollar ($50.00) yearly registration fee, regardless of how many forms are filed. The filing |
9 | of the notice of designation shall be a presumption of “independent contractor” status but shall not |
10 | preclude a finding of independent contractor status by the court when the notice is not filed with |
11 | the director. That designation shall continue in force and effect unless the person withdraws that |
12 | designation by filing a notice with the director, in writing, on a form provided by the director, that |
13 | the person is no longer an “independent contractor”. Any designation or withdrawal of designation |
14 | form shall be deemed public information and the director shall furnish copies or make available |
15 | electronically the forms and designations, upon written request, to any employer or insurer or its |
16 | authorized representative. |
17 | (b) The workers’ compensation court may, upon petition of an employee, the dependents |
18 | of a deceased employee, or any other party in interest at any time, vacate any “notice of |
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1 | designation” if the “notice of designation” has been improperly procured. |
2 | (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries |
3 | occurring on and after January 1, 2001. |
4 | (d) By April 1 of each year, the department of labor and training will send a list of all |
5 | individuals who have filed a designation form to the Rhode Island department of revenue. |
6 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION-- | |
GENERAL PROVISIONS | |
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1 | This act would require that any person who is considered an independent contractor to file |
2 | a designation form by January 31 of each year at a maximum cost of fifty dollars ($50.00), |
3 | regardless of how many forms are filed and require the department of labor and training to provide |
4 | a list of those independent contractors to the department of revenue by April 1 of each year. |
5 | This act would take effect upon passage. |
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